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The Florida Legislature is debating a proposal that would require cities and counties to allow accessory dwelling units (ADUs) —known as small apartments or annexes— on single-family zoned properties.
According to a report by El Nuevo Herald, the measure is being presented by its proponents as a way to increase supply and improve affordability, particularly for families and seniors in South Florida.
The initiative being discussed in the House of Representatives is Bill 313 (HB 313). According to the text, it would allow for the construction of an ADU “as of right”, which would prevent local governments from requiring special zoning hearings, exemptions, or discretionary approvals to authorize the additional unit.
The report explains that an ADU would be a secondary livable space with a kitchen, bathroom, and sleeping area, which can be attached to the main house (for example, as a private apartment) or be a separate structure on the same property.
HB 313 would also prohibit local governments from imposing various common restrictions, such as requiring property owners to live on the premises or mandating an increase in on-site parking.
Additionally, if the property is registered as a primary residence (homestead), the project would prevent local governments from revoking the tax exemption for building and renting an ADU on the property.
If it becomes law, cities and counties would have until December 1st to adopt an ADU ordinance that complies with the regulations.
The text notes that there is an approved version in the Senate with a key difference: it explicitly allows local governments to prohibit the use of ADUs as short-term rentals (less than a month), while the House bill does not explicitly state this.
State Senator Don Gaetz (Republican) warned that there is pressure for the issue to turn into a discussion about vacation rentals and stated that the prospects for that ban advancing in the House are "uncertain."
The project sponsor in the House is Representative Danny Nix (Republican from Port Charlotte), and the article states that HB 313 still needs to go through three more committees before reaching the floor for a final vote.
The report recalls that similar attempts in recent years were unsuccessful and mentions estimates from the Florida Housing Coalition: had it been approved earlier, between 32,000 and 58,000 new ADUs could have been built throughout the state in a decade.
According to cited specialists, ADUs could have a particular impact on older adults with fixed incomes who wish to remain in their homes. Real estate expert Ned Murray (Metropolitan Center of FIU) stated that these units would increase density in a “gradual” and “discreet” manner in single-family neighborhoods, with the potential to help seniors “age in place.”
The executive director of Miami Homes for All, Annie Lord, emphasized to the Nuevo Herald her concern that, if used for short-term rentals, they may not contribute to affordability; nonetheless, she advocated that the solution lies in building and regulating, without hindering the creation of necessary housing.
In the same vein, Alexander Miles (Enterprise Community Partners) stated that both tenants and landlords could benefit: more rental supply and a “moderate density” in urban areas where land is scarce; furthermore, for landlords facing rising costs, an ADU could mean income or the possibility of accommodating a family member or caregiver on the same property.
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