This bill amends section 163.31771 of the Florida Statutes to require local governments to adopt ordinances allowing accessory dwelling units (ADUs) by right in areas zoned for single-family residential use by December 1, 2026. The bill defines key terms such as "by right" and "primary dwelling unit," and specifies that the ordinances must apply prospectively, prohibiting certain requirements such as owner residency in the primary dwelling and increased parking requirements. Additionally, it removes the previous requirement for an affidavit in building permit applications for ADUs. The bill also stipulates that ADUs providing affordable rental housing will count towards the affordable housing component of local comprehensive plans and ensures that property owners are not denied homestead exemptions solely due to the presence of an ADU.

Furthermore, the bill amends section 420.615 to allow local governments to offer density bonus incentives to landowners who donate property for affordable housing, specifically for military families. It mandates the Office of Program Policy Analysis and Government Accountability (OPPAGA) to evaluate the use of mezzanine finance and the potential of tiny homes for affordable housing solutions, with a report due by December 31, 2027. The act is set to take effect on July 1, 2026.

Statutes affected:
H 313 Filed: 420.615
H 313 c1: 420.615