Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 48
       
       
       
       
       
       
                                Ì408564;Î408564                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/14/2026           .                                
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       The Appropriations Committee on Transportation, Tourism, and
       Economic Development (Gaetz) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 40 - 156
    4  and insert:
    5         Section 1. Subsections (2) through (5) of section
    6  163.31771, Florida Statutes, are amended, and a new subsection
    7  (5) is added to that section, to read:
    8         163.31771 Accessory dwelling units.—
    9         (2) As used in this section, the term:
   10         (a) “Accessory dwelling unit” means an ancillary or
   11  secondary living unit, that has a separate kitchen, bathroom,
   12  and sleeping area, existing either within the same structure, or
   13  on the same lot, as the primary dwelling unit.
   14         (b) “Affordable rental” means that monthly rent and
   15  utilities do not exceed 30 percent of that amount which
   16  represents the percentage of the median adjusted gross annual
   17  income for extremely-low-income, very-low-income, low-income, or
   18  moderate-income persons.
   19         (c) “By right” means the ability to be approved without
   20  requiring a public hearing; a variance, conditional use permit,
   21  special permit, or special exception; or other discretionary
   22  action, other than a determination that a site plan conforms
   23  with applicable zoning regulations.
   24         (e)(c) “Local government” means a county or municipality.
   25         (f)(d) “Low-income persons” has the same meaning as in s.
   26  420.0004(11).
   27         (g)(e) “Moderate-income persons” has the same meaning as in
   28  s. 420.0004(12).
   29         (h) “Primary dwelling unit” means an existing or proposed
   30  single-family dwelling on the property where a proposed
   31  accessory dwelling unit would be located.
   32         (i)(f) “Very-low-income persons” has the same meaning as in
   33  s. 420.0004(17).
   34         (d)(g) “Extremely-low-income persons” has the same meaning
   35  as in s. 420.0004(9).
   36         (3) By December 1, 2026, a local government shall may adopt
   37  an ordinance to allow accessory dwelling units by right in any
   38  area zoned for single-family residential use. Such ordinance
   39  must apply prospectively to accessory dwelling units approved
   40  after the date the ordinance is adopted. Such ordinance may
   41  regulate the permitting, construction, and use of an accessory
   42  dwelling unit but may not do any of the following:
   43         (a) Prohibit the renting or leasing of an accessory
   44  dwelling unit, except to prohibit the renting or leasing of an
   45  accessory dwelling unit approved after the effective date of the
   46  ordinance for a term of less than 1 month, notwithstanding s.
   47  509.032(7)(b).
   48         (b) Require that the owner of a parcel on which an
   49  accessory dwelling unit is constructed reside in the primary
   50  dwelling unit.
   51         (c) Increase parking requirements on any parcel that can
   52  accommodate an additional motor vehicle on a driveway without
   53  impeding access to the primary dwelling unit.
   54         (d) Require replacement parking if a garage, carport, or
   55  covered parking structure is converted to create an accessory
   56  dwelling unit.
   57         (e) Impose discretionary review or hearing standards, such
   58  as requiring a conditional use approval or special exception to
   59  construct an accessory dwelling unit, or other review standards
   60  that do not apply generally to other housing in the same
   61  district or zone.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Delete lines 2 - 13
   66  and insert:
   67         An act relating to housing; amending s. 163.31771,
   68         F.S.; defining the terms “by right” and “primary
   69         dwelling unit”; requiring, rather than authorizing,
   70         local governments to adopt, by a specified date, an
   71         ordinance to allow accessory dwelling units by right
   72         in certain areas; requiring that such ordinances apply
   73         prospectively; providing that such ordinances may
   74         regulate specified actions; prohibiting the