(1) The Legislature finds that the median price of homes in this state has increased steadily over the last decade and at a greater rate of increase than the median income in many urban areas. The Legislature finds that the cost of rental housing has also increased steadily and the cost often exceeds an amount that is affordable to extremely-low-income, very-low-income, low-income, or moderate-income persons and has resulted in a critical shortage of affordable rentals in many urban areas in the state. This shortage of affordable rentals constitutes a threat to the health, safety, and welfare of the residents of the state. Therefore, the Legislature finds that it serves an important public purpose to encourage the permitting of accessory dwelling units in single-family residential areas in order to increase the availability of affordable rentals for extremely-low-income, very-low-income, low-income, or moderate-income persons.
(2) As used in this section, the term:
(a) “Accessory dwelling unit” means an ancillary or secondary living unit, that has a separate kitchen, bathroom, and sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit.
(b) “Affordable rental” means that monthly rent and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for extremely-low-income, very-low-income, low-income, or moderate-income persons.
(c) “Local government” means a county or municipality.
(d) “Low-income persons” has the same meaning as in s. 420.0004(11).
(e) “Moderate-income persons” has the same meaning as in s. 420.0004(12).
(f) “Very-low-income persons” has the same meaning as in s. 420.0004(17).
(g) “Extremely-low-income persons” has the same meaning as in s. 420.0004(9).
(3) A local government may adopt an ordinance to allow accessory dwelling units in any area zoned for single-family residential use.
(4) An application for a building permit to construct an accessory dwelling unit must include an affidavit from the applicant which attests that the unit will be rented at an affordable rate to an extremely-low-income, very-low-income, low-income, or moderate-income person or persons.
(5) Each accessory dwelling unit allowed by an ordinance adopted under this section shall apply toward satisfying the affordable housing component of the housing element in the local government’s comprehensive plan under s. 163.3177(6)(f).
History.—s. 2, ch. 2004-372; s. 2, ch. 2006-69; s. 16, ch. 2010-5; s. 13, ch. 2011-189; s. 4, ch. 2020-27.
Structure Florida Statutes
Title XI - County Organization and Intergovernmental Relations
Chapter 163 - Intergovernmental Programs
163.2511 - Urban infill and redevelopment.
163.2514 - Growth Policy Act; definitions.
163.2517 - Designation of urban infill and redevelopment area.
163.2520 - Economic incentives.
163.3161 - Short title; intent and purpose.
163.3162 - Agricultural Lands and Practices.
163.3164 - Community Planning Act; definitions.
163.3168 - Planning innovations and technical assistance.
163.3171 - Areas of authority under this act.
163.3174 - Local planning agency.
163.3177 - Required and optional elements of comprehensive plan; studies and surveys.
163.31771 - Accessory dwelling units.
163.31777 - Public schools interlocal agreement.
163.3178 - Coastal management.
163.31801 - Impact fees; short title; intent; minimum requirements; audits; challenges.
163.31802 - Prohibited standards for security devices.
163.3182 - Transportation deficiencies.
163.3184 - Process for adoption of comprehensive plan or plan amendment.
163.3187 - Process for adoption of small scale comprehensive plan amendment.
163.3191 - Evaluation and appraisal of comprehensive plan.
163.3194 - Legal status of comprehensive plan.
163.3197 - Legal status of prior comprehensive plan.
163.3201 - Relationship of comprehensive plan to exercise of land development regulatory authority.
163.3202 - Land development regulations.
163.3204 - Cooperation by state and regional agencies.
163.3205 - Solar facility approval process.
163.32051 - Floating solar facilities.
163.3208 - Substation approval process.
163.3209 - Electric transmission and distribution line right-of-way maintenance.
163.3211 - Conflict with other statutes.
163.3213 - Administrative review of land development regulations.
163.3215 - Standing to enforce local comprehensive plans through development orders.
163.3217 - Municipal overlay for municipal incorporation.
163.3220 - Short title; legislative intent.
163.3221 - Florida Local Government Development Agreement Act; definitions.
163.3227 - Requirements of a development agreement.
163.3229 - Duration of a development agreement and relationship to local comprehensive plan.
163.3231 - Consistency with the comprehensive plan and land development regulations.
163.3233 - Local laws and policies governing a development agreement.
163.3235 - Periodic review of a development agreement.
163.3237 - Amendment or cancellation of a development agreement.
163.3239 - Recording and effectiveness of a development agreement.
163.3246 - Local government comprehensive planning certification program.
163.3248 - Rural land stewardship areas.
163.3252 - Local manufacturing development program; master development approval for manufacturers.
163.3253 - Coordinated manufacturing development approval process.