Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 184
Ì3166545Î316654
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2025 .
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The Committee on Rules (Gaetz) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 38 - 77
4 and insert:
5 Section 1. Subsections (3) and (4) and present subsection
6 (5) of section 163.31771, Florida Statutes, are amended,
7 paragraph (h) is added to subsection (2) of that section, and a
8 new subsection (5) is added to that section, to read:
9 163.31771 Accessory dwelling units.—
10 (2) As used in this section, the term:
11 (h) “Primary dwelling unit” means the existing or proposed
12 single-family dwelling on the property where a proposed
13 accessory dwelling unit would be located.
14 (3) By December 1, 2025, a local government shall may adopt
15 an ordinance to allow accessory dwelling units in any area zoned
16 for single-family residential use. Such ordinance must apply
17 prospectively to accessory dwelling units permitted or
18 constructed after the date the ordinance is adopted. Such
19 ordinance may regulate the permitting, construction, and use of
20 an accessory dwelling unit, but may not do any of the following:
21 (a) Prohibit the owner of an accessory dwelling unit from
22 offering the accessory dwelling unit for rent, except as
23 otherwise provided by law.
24 (b) Require that the owner of a parcel on which an
25 accessory dwelling unit is constructed reside in the primary
26 dwelling unit.
27 (c) Increase parking requirements on any parcel that can
28 accommodate an additional motor vehicle on a driveway without
29 impeding access to the primary dwelling unit.
30 (d) Require replacement parking if a garage, carport, or
31 covered parking structure is converted to create an accessory
32 dwelling unit.
33 (4) An application for a building permit to construct an
34 accessory dwelling unit must include an affidavit from the
35 applicant which attests that the unit will be rented at an
36 affordable rate to an extremely-low-income, very-low-income,
37 low-income, or moderate-income person or persons.
38 (5) Each accessory dwelling unit allowed by an ordinance
39 adopted under this section which provides affordable rental
40 housing shall apply toward satisfying the affordable housing
41 component of the housing element in the local government’s
42 comprehensive plan under s. 163.3177(6)(f).
43 (5) The owner of a property with an accessory dwelling unit
44 may not be denied a homestead exemption for those portions of
45 property on which the owner maintains a permanent residence
46 solely on the basis of the property containing an accessory
47 dwelling unit that is or may be rented to another person.
48 However, if the accessory dwelling unit is rented to another
49 person, the accessory dwelling unit must be assessed separately
50 from the homestead property and taxed according to its use.
51
52 ================= T I T L E A M E N D M E N T ================
53 And the title is amended as follows:
54 Delete lines 3 - 22
55 and insert:
56 163.31771, F.S.; defining the term “primary dwelling
57 unit”; requiring, rather than authorizing, local
58 governments to adopt an ordinance to allow accessory
59 dwelling units in certain areas; requiring such
60 ordinances to apply prospectively; prohibiting such
61 ordinances from including certain requirements or
62 prohibitions; deleting a requirement that an
63 application for a building permit to construct an
64 accessory dwelling unit include a certain affidavit;
65 revising the accessory dwelling units that apply
66 toward satisfying a certain component of a local
67 government’s comprehensive plan; prohibiting the
68 denial of a homestead exemption for certain portions
69 of property on a specified basis; requiring that a
70 rented accessory dwelling unit be assessed separately
71 from the homestead property and taxed according to its
72 use;