Florida lawmakers might make it easier to build ‘granny flats’: How and why?

By Max Klaver | Miami Herald

A worker helps assemble a newly manufactured 1200-square-foot ADU (accessory dwelling unit) on Thursday, Dec. 18, 2025 in Altadena, California. Mario Tama Getty Images

Looking to build a place for your parents to live on your property? Or maybe convert that cluttered garage into a rental to bring in some extra cash? The Florida Legislature may be about to make that much easier.

The Florida House of Representatives is debating legislation that would require local governments to allow single-family homeowners to build accessory dwelling units — commonly known as efficiencies or granny flats — on their properties.

House Bill 313 would permit homeowners in single-family zoned districts to build an accessory dwelling unit on their land “by right,” meaning cities and counties could not require special zoning hearings, variances or discretionary approvals to greenlight the additional unit.

The goal, advocates say, is to increase housing affordability — both for homeowners looking to build on their land and for renters seeking lower-cost options. Seniors, particularly those on fixed incomes who want to remain in their homes, could stand to benefit the most.

“It could make a dramatic difference for so many people aging in place, particularly those on fixed incomes,” said Ned Murray, associate director of FIU’s Metropolitan Center and an expert on South Florida’s housing market.

“[ADUs] would be incremental,” in how they increase density in single-family neighborhoods, said Murray, “and yet they would be so unobtrusive.”

What does the bill say?

The bill would require local governments to adopt ordinances allowing homeowners in single-family zones to construct accessory dwelling units by right, sparing them the usual bureaucratic hurdles, such as zoning hearings or special-use permits.

In the case of this bill, an accessory dwelling unit is a secondary living space that has its own kitchen, bathroom and sleeping area. It can either be attached to the house, like a private apartment, or a standalone structure on the same lot as the primary residence.

The bill bars local governments from imposing several common zoning restrictions on the construction of ADUs — like requiring homeowners to live on the property or to increase parking space on their land. It also prevents local governments from forcing would-be ADU builders through the bureaucratic hurdles that constructing such a dwelling normally entails — attending zoning hearings or seeking special use permits.

If your property is homesteaded, local governments can’t revoke your tax exemption for building and renting out an ADU on your property.

If the bill becomes law, cities and counties would have until Dec. 1 to adopt a compliant ADU ordinance.

The House measure differs slightly from its Senate counterpart, which passed the upper chamber earlier this month.

The most notable difference is that the Senate version explicitly allows local governments to prohibit the use of ADUs as short-term rentals — those shorter than one month — while the House bill doesn’t.

“There’s some people in the House that want this to be a vacation rental bill,” said state. Sen Don Gaetz, a Pensacola Republican and the Senate bill’s sponsor. Asked about the likelihood of the one-month rental ban of passing the lower chamber, Gaetz said “the prospects are risky.”

The House companion’s sponsor, Rep. Danny Nix, R-Port Charlotte, did not respond to calls and text messages on Friday requesting comment. The bill has to pass through three more committees before it heads to the House floor for a final vote.

Does it matter if ADUs are used for short-term rentals?

The concern is that short-term rentals wouldn’t contribute to overall housing affordability or housing supply if they’re not being rented to locals, and could potentially drive prices up, said Annie Lord, executive director of Miami Homes for All, a Miami-based nonprofit that focuses on housing affordability.

“But we also can’t not build stuff. So what we need is to build stuff, then regulate the stuff,” she said. “We can’t be afraid to build things that people desperately need because it can be turned around and used in this other way.”

The two chambers would need to resolve those differences in language for the legislation to pass.

Lawmakers have unsuccessfully attempted to pass similar legislation in recent years. Last session, similar bills failed.

Over a decade, such measures could have resulted in between 32,000 and 58,000 new ADUs statewide, according to estimates from the Florida Housing Coalition.

Who would benefit from more ADUs in Florida?

Both renters and homeowners could get something out of the law, said Alexander Miles, associate director of state and local policy for the Southeast at Enterprise Community Partners, a nonprofit that works to increase housing supply and quality.

ADUs will make a big impact in urban areas, where land availability might be relatively scarce, Miles said. By slightly increasing density in single-family neighborhoods, “ADUs can play a significant role in increasing housing supply” — which, by giving renters more rental options, can help improve overall affordability — while still respecting the character of neighborhoods. “Gentle density,” as Miles put it.

But they might also be key for homeowners who are feeling the pressure of rising homeownership costs.

“As the cost of being a homeowner continues to rise — especially for people on fixed incomes — ADUs can allow people to earn income and remain in their homes,” said Lord.

That might be particularly true for seniors looking to age in place, noted Miles. Be it through income generation or “being able to have a family member or a trusted caregiver on the same property, [ADUs] can be a major opportunity,” he said, noting that such arrangements can help lessen later-in-life costs associated with aging in one’s home.

For supporters of the bill, those affordability opportunities add up. “I guess my bottom line is, on net, we think this [ADU legislation] can be a real benefit,” Lord said.

Miami Herald staff writer Garrett Shanley contributed reporting.