Florida ADU Eligibility Checker

The Florida Framework: Authorized, Not Required

Florida Statutes Section 163.31771 is the state's accessory dwelling unit statute, and its critical feature is the word 'authorizing.' The statute gives municipalities the explicit authority to adopt ADU ordinances and defines the basic parameters (what qualifies as an ADU, minimum qualifying standards), but it does not require any city to do so. Roughly a quarter of Florida municipalities have enacted ADU-specific ordinances; the rest either treat second dwellings as duplexes requiring different zoning or do not permit them. SB 48 (2026) would have converted the authorizing statute into a mandate, but the bill died in Messages without a House vote. Absent a statewide mandate, the calculator reads Florida properties as yellow (check locally) for most configurations.

Major Florida Cities and Their ADU Rules

Miami-Dade County's 2024 ordinance allows ADUs on most single-family lots subject to lot-size minimums, setback rules, and HVHZ construction requirements. Orlando allows ADUs in specific residential districts with a permit. Tampa and St. Petersburg have limited ADU provisions, usually requiring a conditional use permit in residential zones that qualify. Jacksonville is more restrictive; most Jacksonville lots require duplex zoning for a second dwelling, which is a more expensive and slower path. Panhandle cities (Tallahassee, Pensacola) vary by individual ordinance. The Keys (Monroe County) have their own unique regime driven by ROGO (Rate of Growth Ordinance) and flood-elevation requirements that often make ADUs impractical. Before any design work, call your city's planning department and get a written response on whether your parcel can host an ADU.

Flood Zone, HVHZ, and HOA Factors

Three Florida-specific layers sit on top of the city ordinance. First, flood zone: properties in a Special Flood Hazard Area (SFHA) under FEMA NFIP maps face elevation requirements that can make ground-level ADUs infeasible or require expensive elevated construction. Second, High-Velocity Hurricane Zone (HVHZ) covering Miami-Dade and Broward Counties: the ADU itself is permissible under local ordinance but must meet HVHZ structural standards, which tightens the cost picture more than the eligibility picture. Third, HOA CC&Rs: Florida has no statewide preemption of HOA restrictions on ADUs, and Florida courts broadly enforce CC&Rs under the Florida Homeowners' Association Act (Chapter 720, Florida Statutes). If your HOA's CC&Rs prohibit accessory dwellings or rentals, you're likely blocked unless you can get an amendment through.