Does Florida law require cities to allow ADUs?

No. As of October 2026, Florida law lets local governments adopt ADU ordinances for single-family areas but does not require them to. A 2026 bill that would have required it, SB 48, passed the Senate and died in the House. It depends on your city or county, which is why Orlando, Winter Park and Winter Garden all differ.

What does the Florida ADU statute say?

Section 163.31771 of the Florida Statutes covers ADUs. As of the 2025 statutes, it:

• finds that permitting ADUs in single-family areas serves a public purpose by adding affordable rentals;
• says a local government may adopt an ordinance allowing ADUs in any area zoned for single-family use;
• says a building permit application for an ADU under such an ordinance must include an affidavit that the unit will be rented at an affordable rate to an extremely-low, very-low, low or moderate-income person;
• lets those ADUs count toward the affordable housing part of the local comprehensive plan.

Its history note lists a 2020 amendment (chapter 2020-27, Laws of Florida) as the latest change. A 2020 Senate analysis of that year's housing bill describes the change: a local ordinance would no longer depend on first finding a shortage of affordable rentals.

Does the affidavit apply to my Orlando ADU?

It depends on how the local rules were adopted and how the permit office applies them. The City of Orlando's ADU page allows long-term rental or owner use and does not describe an affordability affidavit for ordinary ADUs. We confirm the paperwork with the permit office for every project.

What happened to the 2026 ADU bill?

SB 48 (2026) would have required local governments to adopt ordinances allowing ADUs in certain areas by a set date, and would have removed the affidavit requirement. The Senate passed it 38 to 0 on February 4, 2026. It died in House messages on March 13, 2026, and did not become law.

A separate 2026 housing bill, HB 1389, did pass. Its Senate summary covers Live Local Act changes and other housing measures, and does not mention ADUs.

How common are ADU rules in Florida?

The Senate staff analysis of SB 48 cites a Florida Housing Coalition study: 11 of Florida's 15 most populous cities explicitly allow ADUs in single-family districts, and 16 of the state's 67 counties do not address ADUs in their land development codes.

What does this mean for a Central Florida homeowner?

• Your city's code decides. Orlando allows rentable ADUs by lot size; Winter Park restricts guest houses from being rented; Winter Garden requires a homesteaded lot.
• Private covenants still apply. An HOA or deed restriction can bar an ADU the city would allow.
• State building rules apply everywhere. The Florida Building Code, with its wind and flood requirements, covers every ADU.

See our service areas for each city's rules.

Updated October 2026. General information, not legal advice. Rules change; we confirm them for your address before design.