Florida ADU Legislation: SB 48 & HB 313 — What Actually Happened

The Bills Failed — Again

SB 48 and HB 313 — Florida's 2026 ADU-by-right bills — died in the legislature on March 13, 2026. This follows the same outcome in the 2025 session, when companion bills also failed to pass. Florida enters the post-session period without a statewide mandate requiring local governments to allow ADUs by right in single-family zones.

If you have been tracking this legislation as a manufacturer, installer, or developer, the result is not surprising — but it matters for how you plan.

What the Bills Proposed

Both the 2025 and 2026 versions proposed requiring Florida local governments to allow ADUs by right in single-family residential zones. “By right” means a proposed ADU meeting applicable development standards — setbacks, size, height — could not be denied through a discretionary process such as a special use permit, conditional use hearing, or variance.

The bills addressed the zoning barrier, not the building permit requirement. Even if the legislation had passed, every ADU installation would still have required a complete site-specific construction document package submitted to the local building department.

What It Means for ADU Permitting Today

The failure of SB 48 and HB 313 does not change the permitting process — it leaves the zoning landscape unchanged in jurisdictions that currently restrict ADUs.

In Florida counties and municipalities that already allow ADUs under existing zoning, the process proceeds exactly as before: commission a survey, prepare the construction document package, submit to the local building department, respond to review comments, receive the permit.

In jurisdictions that restrict or prohibit ADUs, homeowners remain subject to local discretionary approval processes. A variance or special use permit may be required before a building permit application is even accepted.

The Broader Legislative Picture

Two failed sessions does not mean the push is finished. ADU reform has support from housing advocacy organizations, homebuilders, and manufacturers who view statewide by-right approval as a meaningful tool for addressing Florida's housing shortage. Companion bills are expected to be reintroduced in the 2027 session.

Some Florida local governments are adopting ADU-friendly zoning independently — either in anticipation of eventual state legislation or in response to local housing pressure. Checking current zoning rules for a specific parcel remains the most reliable first step for any ADU project.

What Stays True Regardless of Legislation

Whether or not Florida passes an ADU-by-right mandate, every ADU and guesthouse installation requires the same construction document package for a local building permit:

• Topographic survey (by a licensed Florida surveyor)
• Site plan — coordinating survey, ADU footprint, existing structures, zoning, drainage
• Foundation plan — engineered for site-specific soil and wind conditions
• Elevations — flood elevation and zoning compliance
• Energy performance calculations — R405 for location and orientation
• MEP documents — electrical, plumbing, and HVAC connections

This is the permitting gap that exists independent of any legislation — and it is what Design Build Florida produces, in two weeks, for any construction system.

Frequently Asked Questions

Did Florida SB 48 / HB 313 pass in 2026?

No. Both bills died on March 13, 2026. The 2026 session ended without passage, matching the outcome of the 2025 session.

What did the bills propose?

They would have required local governments to allow ADUs by right in single-family zones — removing discretionary zoning approval. They did not propose eliminating the building permit requirement.

Can I still permit an ADU in Florida?

Yes. Many Florida jurisdictions already allow ADUs under existing zoning. The construction document package and local building permit process is the same regardless of the legislative outcome.

Will Florida pass ADU legislation in the future?

The issue has failed in two consecutive sessions. Similar bills are expected in 2027. Local governments can adopt ADU-friendly zoning independently of state action.

Does the permitting process change without SB 48?

No. The construction document package requirement — site plan, foundation plan, elevations, energy calculations, MEP — exists under the Florida Building Code and is not affected by the ADU zoning legislation.