Florida Senate unanimously approves bill to expand ADUs as affordable housing tool

The Florida Senate has unanimously approved SB 48, a wide-ranging housing bill that would require local governments to allow accessory dwelling units (ADUs), including garage apartments and “granny flats,” in areas zoned for single-family residential use. The measure passed without opposition and now heads to the Florida House of Representatives for further consideration (CBS Miami, 2026; Florida Senate analysis, 2026).

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What SB 48 Would Do

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The bill, formally titled CS/CS/SB 48, would require each county and municipality in Florida to enact an ordinance by December 1, 2026, that allows ADUs in all single-family residential areas by right. Under current law, local governments have the option to allow ADUs, but are not mandated to do so (Florida Senate analysis, 2026).

According to the bill’s legislative analysis, local governments would still be allowed to regulate permitting, construction, and use of ADUs — but with specific exceptions. For example, the ordinance cannot prohibit renting an ADU for terms of less than one month, cannot require the owner to live in the primary dwelling, and cannot increase parking requirements when an existing driveway can already accommodate additional vehicles.

Senate sponsor Sen. Don Gaetz (R-Niceville) and others argued the legislation could help alleviate Florida’s affordable housing shortage by unlocking new smaller-scale units in established neighborhoods (CBS Miami, 2026).

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Policy Rationale and Legislative Context

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Advocates say ADUs — which can include garage apartments, backyard cottages, and in-law suites — provide a flexible path to housing that can serve renters, multigenerational families, and workforce households at lower cost than traditional single-family homes. According to reporting by CBS News, lawmakers see the units as a “workforce housing” tool because they tend to be less expensive to build and rent, and often located near jobs.

The requirement to update local ordinances departs from previous Florida practice, where cities and counties could decide individually whether to permit ADUs. Under SB 48, localities would still set safety and construction standards, but could no longer outright ban ADUs in single-family areas (Florida Senate analysis, 2026).

In addition to mandating ADU authority, the bill includes provisions allowing land donated to local governments for affordable housing to be used for military families receiving basic housing allowances, and it directs the Office of Program Policy Analysis and Government Accountability to evaluate financial tools and tiny homes as part of broader housing solutions.

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Why This Matters

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Florida continues to grapple with rising housing costs and limited affordable supply. A recent analysis by Florida policymakers notes that many regions, particularly in high-growth counties, struggle to provide housing that is affordable to working families, younger adults, and retirees.  

Accessory dwelling units have garnered bipartisan interest because they can increase density without large-scale redevelopment and often fit within existing neighborhood patterns when thoughtfully regulated. Housing advocates and local planners have pointed to ADUs as a complementary strategy alongside other supply-side reforms such as zoning changes and streamlined permitting (Florida Senate analysis, 2026).

However, how much the new law would increase housing availability depends on how quickly local governments update their ordinances and how builders respond to the expanded authority.

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What Comes Next

SB 48 now moves to the Florida House of Representatives, where it must clear additional committee reviews before a possible floor vote. If the House approves the bill and it is signed into law, local governments throughout Florida would be required to adopt ADU ordinances that comply with the statewide mandate.

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Quick Tip: If you’re considering building an ADU in Florida, pay close attention to both state legislative developments and your local government’s ordinance updates. Even once a state law is enacted, actual permitting and construction standards are shaped by county and city regulations — and timelines can vary widely depending on local planning processes.

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Xavier Rodriguez is the CEO of ADU Geeks, San Diego’s leading ADU consulting and project management firm. In 2024, the company was ranked No. 1 on the San Diego Business Journal’s Fastest Growing Private Companies list in the Small Business category, achieving 594.3% revenue growth.