SB 48 would require allowing ADUs in all single family residential zoning districts

📷 Accessory Dwelling Unit (ADU) in Tampa. (Photo from the City of Tampa)

The proposal passed unanimously in the Senate Committee on Transportation, Tourism, and Economic Development on Wednesday.

A proposal to boost affordable housing by allowing what are known as accessory dwelling units (ADUs) — including in-law suites, garage apartments, and backyard cottages — in areas usually restricted to single-family homes is being debated again in the Florida Legislature.

The measure (SB 48) is sponsored by Sen. Don Gaetz, R-Crestview. Under existing law, local governments are authorized — but not required — to enact such ordinances. The bill would require cities and counties to authorize the units by Dec. 1.

The proposal passed unanimously in the Senate Committee on Transportation, Tourism, and Economic Development on Wednesday.

Samantha Padgett, general counsel to the Florida Restaurant and Lodging Association, spoke up in support of the bill. She said that adding ADUs to the available housing stock would benefit those who work in the hotel and restaurant industries.

She added, however, that it was crucial that those ADUs “be preserved for long-term rental solutions,” applauding a provision in the legislation to ban the renting or leasing of an accessory dwelling unit for less than one month.

“Those are one of the things that will preserve accessory dwelling units to be a solution for rental for employees in the service industry,” she said.

Gaetz added an amendment deleting language allowing landlords to accept a “reusable tenant screening report” prepared by a consumer reporting agency when deciding whether to accept a potential tenant — which states such as California, Washington, Maryland, Wisconsin, and New York use. These forms allow participants to avoid having to fill out multiple applications.

He said he was removing that language “due to the danger of unauthorized sharing and hacking of personal, identifying data.”

Florida cities such as GainesvilleTampaOrlando, and St. Petersburg already allow ADUs.

The Florida Homebuilders Association, the James Madison Institute, the Florida Realtors, and the Florida Chamber of Commerce support the legislation.

The measure now moves to the Rules Committee, its final stop before going to the full Senate for consideration.

A companion bill in the House (HB 313), sponsored by the Housing, Agriculture & Tourism Subcommittee, has two more committee stops before it can reach the floor of that chamber.

Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.

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