ADU Laws in Florida (2026)
Florida state ADU law details, key provisions, preemption status, and recent legislative changes for accessory dwelling units.
Law Name
Florida Live Local Act (SB 102, 2023) and HB 1339 (2024)
Effective Date
2023-07-01
Preempts Local Ordinances
Yes — state law overrides local restrictions
Has State Law
Yes
Key Provisions
Live Local Act (SB 102, 2023): Municipalities cannot prohibit multifamily residential as a use in commercial or mixed-use zones where residential is permitted
Live Local Act: Local governments cannot require approval processes less streamlined than administrative approval for qualifying affordable housing projects
HB 1339 (2024): Eliminates owner-occupancy requirements for ADUs statewide
HB 1339 (2024): Removes parking minimums for ADUs located within one-half mile of a transit stop
HB 1339 (2024): Caps impact fees for ADUs at the same rate as single-family homes
HB 1339 (2024): Requires ministerial approval (no discretionary review) for ADUs that meet objective standards
HB 1339 (2024): Local governments may not impose additional design standards on ADUs beyond those applicable to single-family homes
Legislative History
2023 — SB 102 (Live Local Act)
Sweeping housing reform — preempts local zoning for affordable and workforce housing near transit corridors, prohibits municipalities from restricting multifamily development in commercial zones, removes some ADU barriers statewide
2024 — HB 1339
ADU-specific reform — eliminates owner-occupancy requirements statewide, reduces parking mandates near transit, caps impact fees for ADUs, requires ministerial approval for code-compliant ADUs
Official Sources
What Does Preemption Mean for Local Cities?
Because Florida law preempts local ordinances, individual cities cannot impose restrictions stricter than the state standard. A city may still have additional administrative requirements, but cannot deny ADU applications that comply with state minimums.
Learn about Floridazoning preemption →Source: Florida Live Local Act (SB 102, 2023) and HB 1339 (2024). Last verified April 5, 2026. View source