Florida Senate Greenlights Expansion of Backyard Housing Opportunities

TALLAHASSEE, Fla. – In a significant move to enhance affordable housing opportunities, the Florida State Senate has unanimously passed a bill allowing homeowners statewide to construct small homes in their backyards. This initiative aims to provide relief to residents grappling with ever-increasing housing costs.

The proposed legislation mandates that local governments must permit the construction of accessory dwelling units (ADUs), often referred to as granny flats or mother-in-law suites, in areas where single-family homes are already allowed. While some regions, such as Orange County, have already embraced this approach, the new bill seeks to expand it across the state.

Among the first to embrace this opportunity is Mary Page, who is building a cozy 500-square-foot dwelling behind her Pine Hills home. By utilizing a pre-designed floor plan from Orange County’s “Ready Set Orange” program, she plans to offer this space to a friend struggling to find affordable accommodation.

State Senator Don Gaetz highlighted the benefits of ADUs, stating, “These units can significantly boost workforce housing as they are cheaper to build, more affordable to rent, and typically situated in areas that allow workers to live near their places of employment.”

The new legislation simplifies the approval procedure for ADUs. “This bill ensures that ADUs can be approved without the need for a public hearing variance, a conditional use permit, or a special exemption, provided the site plan adheres to existing zoning regulations,” Gaetz elaborated.

Key elements of the bill include preventing local governments from prohibiting the rental of these units, although they can impose limitations on rentals shorter than one month. Additionally, the law safeguards homeowners’ homestead exemptions and bars municipalities from increasing parking requirements for properties featuring ADUs.

While the bill now returns to the Florida House for approval, not all jurisdictions have embraced similar policies. In California, San Diego recently modified its ADU regulations after council members raised concerns that the broad law allowed property owners to effectively construct apartment buildings on large lots.

As Florida grapples with its housing affordability crisis, the state appears poised to embrace ADUs as part of the solution, though the final form of the law remains to be determined.