State Preemption of Local Zoning in Florida

What Is State Preemption?

State preemption occurs when a state law overrides local government ordinances in a specific area. In land use, preemption means a city or county cannot adopt zoning rules that are more restrictive than the state standard. If a city tries to prohibit something the state law permits, the state law wins.

Florida actively uses preemption in housing law. The state has enacted legislation that prohibits local governments from blocking certain types of housing development — most notably accessory dwelling units (ADUs) and lot splits.

ADU Preemption

What local governments cannot restrict:

• ✓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): 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

How Preemption Affects Florida Cities

State preemption applies to every incorporated city and unincorporated area in Florida. Select a city below to see how state preemption interacts with local zoning rules.