Florida Senate - 2014 SB 644 By Senator Simpson 18-00433-14 2014644__ 1 A bill to be entitled 2 An act relating to accessory dwelling units; creating 3 s. 163.31772, F.S.; providing legislative findings; 4 providing definitions; authorizing certain property 5 owners to construct accessory dwelling units for 6 exclusive occupancy by specified seniors, disabled 7 persons, or the caregivers of such persons under 8 certain circumstances; requiring such property owners 9 to submit an application and affidavit to local 10 government authorities to construct an accessory 11 dwelling unit; providing that accessory dwelling units 12 must comply with specified local government 13 regulations and are subject to local government fees 14 and charges; providing civil penalties; exempting 15 certain residential communities from the act; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 163.31772, Florida Statutes, is created 21 to read: 22 163.31772 Accessory dwelling units for seniors, disabled 23 persons, or caregivers.— 24 (1) The Legislature finds that the state faces a shortage 25 of available and suitable affordable housing for the increasing 26 population of seniors and their families within this state. The 27 Legislature recognizes that disabled persons within this state 28 encounter similar housing challenges. The Legislature further 29 finds that semi-independent living arrangements that include 30 family member or caregiver support and companionship are 31 beneficial to seniors and disabled persons. Therefore, the 32 Legislature finds that it serves an important public purpose to 33 encourage semi-independent living of seniors and disabled 34 persons by authorizing the construction of accessory dwelling 35 units for such persons or their caregivers. 36 (2) As used in this section, the term: 37 (a) “Accessory dwelling unit” means an ancillary or 38 secondary living unit of up to 850 square feet in gross internal 39 area which may have a separate kitchen, bathroom, living area, 40 and sleeping area and which exists within the primary dwelling 41 unit or on the same residential real property as the primary 42 dwelling unit. 43 (b) “Caregiver” means a natural person who assists a senior 44 or a disabled person with the activities of daily living as 45 defined in s. 429.02(1). 46 (c) “Disabled person” means a person with a disabling 47 condition as defined in s. 420.0004. 48 (d) “Gross internal area” means the floor area contained 49 within the accessory dwelling unit measured to the internal face 50 of the external walls. 51 (e) “Local government” means a county or municipality. 52 (f) “Primary dwelling unit” means the principal structure 53 on residential real property used as a home, residence, or 54 sleeping place by one person or by two or more persons who 55 maintain a common household. 56 (g) “Related senior” means a senior who is the natural or 57 adoptive parent, grandparent, sibling, aunt, uncle, or first 58 cousin of the property owner or the property owner’s spouse. 59 (h) “Senior” means a person who is 60 years of age or 60 older. 61 (3) Notwithstanding any provision of law, an ordinance, a 62 regulation, a resolution, or a local comprehensive plan to the 63 contrary, the owner of residential real property in an area 64 zoned for single-family residential use may construct an 65 accessory dwelling unit on such property for the exclusive 66 occupancy of: 67 (a) A related senior, a disabled person, or the caregiver 68 of a related senior, a disabled person, or the property owner 69 living in the primary dwelling unit, if the property owner is a 70 permanent resident of the primary dwelling unit. 71 (b) The property owner, if the property owner is a senior, 72 a disabled person, or the caregiver of a related senior or a 73 disabled person living in the primary dwelling unit. The 74 property owner must intend to be a permanent resident of the 75 accessory dwelling unit and the primary dwelling unit must be 76 occupied by a related senior, a disabled person, or a caregiver 77 for the property owner. 78 (4) To construct an accessory dwelling unit as authorized 79 under subsection (3), the property owner shall submit to local 80 government authorities: 81 (a) An application for a building permit to construct an 82 accessory dwelling unit; and 83 (b) An affidavit of the property owner that attests that 84 the unit will be occupied by the owner, a related senior, a 85 disabled person, or the caregiver of such person as authorized 86 by this section. 87 (5) The accessory dwelling unit must comply with local 88 government regulations related to parking, height, setback, lot 89 coverage, and architectural or site plan review and is subject 90 to applicable local government fees or charges. 91 (6) A property owner who constructs an accessory dwelling 92 unit pursuant to this section is subject to a civil penalty of 93 up to $10,000, if: 94 (a) Such accessory dwelling unit is occupied by any person 95 except the property owner, a related senior, a disabled person, 96 or the caregiver of such person as authorized by this section. 97 (b) The property owner knowingly and willfully provides 98 false information on the building permit application or 99 affidavit required under subsection (4). 100 (7) This section does not apply to residential communities 101 with deed restrictions that prohibit the construction of 102 accessory dwelling units. 103 Section 2. This act shall take effect July 1, 2014.