Florida ADU Laws 2026: SB 48 Requires All Cities to Allow ADUs

Florida is about to become one of the most ADU-friendly states in the country. Senate Bill 48, signed into law in 2025, mandates that every county and municipality in Florida must allow accessory dwelling units in single-family residential zones by December 1, 2026. This is not optional — it is a statewide mandate that overrides local bans. Here is what Florida homeowners need to know.

What SB 48 Does

SB 48 requires every Florida municipality and county to adopt regulations permitting ADUs in single-family zones by December 1, 2026. Cities that fail to adopt their own ordinances will be subject to default state standards that are intentionally homeowner-friendly. The law also prohibits local governments from requiring owner-occupancy and limits impact fees for ADUs under 1,000 sq ft.

Which Florida Cities Are Affected?

All of them. Previously, ADU rules in Florida were a patchwork — Miami-Dade allowed them, Jacksonville had limited provisions, Orlando had pilot programs, and many suburban communities banned them entirely. After December 1, 2026, every Florida jurisdiction must allow ADUs. This includes Tampa, Jacksonville, Orlando, Miami, Fort Lauderdale, St. Petersburg, and hundreds of smaller communities.

Key Provisions for Homeowners

Under SB 48: ADUs must be allowed on single-family lots. No owner-occupancy requirement. Impact fees are limited for units under 1,000 sq ft. ADUs must meet the same building code standards as primary residences. Homeowners can use ADUs for rental income. The law preserves reasonable setback and height standards but prevents cities from imposing rules designed to effectively ban ADUs.

Florida's ADU Cost Advantage

Florida offers some of the most affordable ADU construction costs in the country. No state income tax means more take-home rental income. Average construction costs: $120-$250/sq ft (vs $250-$450 in California). Permit fees typically $2,000-$8,000. Strong year-round rental demand from retirees, seasonal residents, and tourists makes Florida ADUs an excellent investment.

Hurricane and Flood Considerations

Florida ADU builders must account for hurricane building codes (Miami-Dade has the strictest in the nation) and flood zone requirements. ADUs in FEMA flood zones may need to be elevated, which adds $20,000-$60,000 to construction costs. Always check your property's flood zone designation before planning an ADU. Wind mitigation features are required statewide.