Few would argue that housing prices in Florida rose to insane levels in the last few years. It got so bad in fact that Florida’s rapid growth population slowed to a comparative trickle as people began leaving the state in search of more affordable living.
At least 16 Florida counties have strict regulations prohibiting building secondary living structures (often called mother-in-law suites or granny flats) on a parcel of land zoned for single-family housing where a primary house already exists. In the real estate world, these are known as Accessory Dwelling Units.
Now, a pair of Florida legislators have introduced bills that they believe may help alleviate Florida’s rising housing costs by easing those regulations.
The new bills seeks to ease restrictions on building these structures. The legislation—Senate Bill 184 (SB 184) by Senator Don Gaetz and House Bill 247 (HB 247) by Rep. Bill Connerly—proposes that local governments must include provisions to permit these additional living spaces in at least some single-family residential zones.
The Bills Don’t Lack Advocates
The bills have received support from various organizations, including AARP, the Florida Chamber of Commerce, and Americans for Prosperity, reflecting a broad consensus on addressing housing affordability.
Jaimie Ross, President of the Florida Housing Coalition, defines secondary living structures this way: An accessory dwelling unit (ADU) is a residential unit that is secondary to the primary residence of the homeowner. It can be an apartment within the primary residence or it can be an attached or freestanding home on the same lot as the primary residence. The concept of an accessory dwelling unit is to have an additional complete residence, meaning a place for sleeping, bathing, and eating independent of the primary home. – FLHousing.org .
Ross quickly points out the ability to construct mother-in-law suites …sorry… ADUs – bring a lot of advantages, such as providing affordable housing, which is chief among them. ADUs will ordinarily rent at a price more affordable to lower-income persons. At the same time, rental income from the ADU can generate income for the owner of the primary resident, making mortgages more affordable.
TJ’s Story
While ADU prohibitions might be a technical necessity in some densely populated urban areas of the state, some smaller towns have also opted for ADU regulations as a matter of aesthetics. One man, “TJ,” who lives near the small town of Geneva, Florida, told FMN of his quest to build a second house on a 5-acre rural parcel that his family owned. What he had to say wasn’t really at all what I expected…
“My family purchased their land several years ago, and my parents built their home there. Since my parents are getting on in age, it only made sense that I should build a smaller home on the land so that I could be there to care for them and help with their daily needs. What I really wanted to do was to build my home in a corner of the property, but I figured out pretty quickly that the local ADU regulations wouldn’t allow it. I can understand that, I mean after all, who wants to buy in an area of five acres only to see everyone building a bunch of homes? Fortunately, local regulations did permit an “attached structure”, so that’s what we did. It worked out pretty well, with the exception of the fact that I was not allowed to put a stove in there!”
TJ’s story points out both positive and negative aspects of ADU regulations. First, ADU regulations do indeed protect rural land areas from over-building, or at least building beyond the scope of what the property owners want. Conversely, his need to be near his parents is yet another common reason advocates cite for allowing ADUs to be built. And then there’s the stove issue, which is arguably pointless.
Cons To The Bills
Some of the things that make ADUs a good deal for some property owners are the basis for resistance from others. For example, the legislation would not require homeowners to live on-site, effectively allowing large rental projects with absentee landlords. Some worry this would only devalue neighborhoods while increasing the potential for short-term rentals. The proposed law does however, require a 30 day minimum lease. Short-term rental properties have come under increasing scrutiny by local governments due to the noise and traffic they can bring to otherwise quiet neighborhoods. Another concern voiced by opponents is parking. Many urban areas already suffer from limited parking spaces.
As of March 13, 2025, SB 184 has been approved by the Senate Appropriations Committee on Transportation, Tourism, and Economic Development with a unanimous vote and is currently under review by the Senate Rules Committee. Similarly, HB 247 has progressed through the House Housing, Agriculture & Tourism Subcommittee and awaits further consideration.
If enacted, these bills are set to take effect on July 1, 2025, potentially paving the way for a significant expansion of mother-in-law suites and granny flats as affordable housing options across Florida.
