HB0313 • 2026

Housing

Agriculture Housing Land Taxes

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Housing, Agriculture & Tourism Subcommittee ; Nix ; (CO-INTRODUCERS) Basabe
Last action: 2026-03-13
Official status: House - Died in Intergovernmental Affairs Subcommittee
Effective date: 2026-07-01

Plain English Breakdown

The bill text shows the law passed both chambers and has an effective date of July 1, 2026, but metadata indicates it died in a subcommittee; the explanation relies on the official summary stating the requirements as written in the final enrolled version.

Housing Rules for Small Units and Land Donations

This law requires local governments to allow small extra homes on single-family lots by a specific date, changes how these units are taxed if rented, offers optional bonuses for land donations for military housing, and orders a study on new funding methods.

What This Bill Does

Requires counties and cities to pass rules allowing accessory dwelling units in single-family zones by December 1, 2026.
Prohibits local governments from requiring owners to live in the main house if they build these small units.
Removes a rule that forced applicants to sign a statement promising to rent the unit at an affordable rate before getting a building permit.
Allows property owners to keep their homestead tax exemption even if they have a rented accessory dwelling unit on the same land.
Requires local governments to assess and tax any rented accessory dwelling unit separately from the main home based on its use.
Orders OPPAGA to study mezzanine finance and tiny homes, then submit a report with recommendations by December 31, 2027.

Who It Names or Affects

Local governments (counties and municipalities)
Property owners who build or rent accessory dwelling units
Landowners who donate property for affordable housing projects
The Office of Program Policy Analysis and Government Accountability (OPPAGA)

Terms To Know

Accessory dwelling unit: A small, separate living space with its own kitchen, bathroom, and bedroom located on the same lot as a main house.
By right: The ability to get approval for building without needing special public hearings or extra permits beyond standard zoning rules.
Homestead exemption: A tax break that lowers the property taxes on a home where an owner lives permanently as their main residence.
Mezzanine finance: A type of short-term loan used to help fund construction projects, often sitting between other types of loans in priority for repayment.

Limits and Unknowns

The law does not specify exactly which local governments might fail to meet the December 1, 2026 deadline.
The text defines income levels by referring to other laws but does not list specific dollar amounts for what counts as affordable rent.
The study on tiny homes and mezzanine finance will only provide recommendations; it does not create new funding programs immediately.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

779321

Committee amendment H 313 Filed • Nix

Adopted without Objection 12/11/2025

Plain English: This amendment deletes a large section of the bill's text while keeping only its basic title about housing.

Removes lines 40 through 127 from the original bill, which likely contained most of the proposed rules or details.
Updates the official title to simply state that the act relates to housing.

The amendment text does not show what specific laws were in lines 40-127 before they were removed, so it is unclear exactly which rules are being deleted.
Because most of the bill's content was cut out without replacement text shown here, the final version may have no actual new requirements.

186883

Committee amendment H 313 Filed • Nix

Adopted without Objection 12/11/2025

Plain English: This amendment requires local governments to allow accessory dwelling units by right in single-family zones starting December 1, 2026, while banning rules that force owners to live on-site or add extra parking.

Local governments must adopt a rule by December 1, 2026, allowing accessory dwelling units (ADUs) without needing special permits in single-family areas.
The amendment defines 'by right' as approval that does not require public hearings or discretionary actions like variances.
Cities cannot force the property owner to live in the main house if they build an ADU on their land.
Local rules are banned from requiring extra parking spaces when a garage is converted into an ADU, provided there is still room for one car.

The text refers to specific state law sections (420.0004) for income definitions but does not list the actual dollar amounts or percentages.
The amendment states that ADU rules apply only to units approved after the new ordinance is adopted, meaning older projects may follow different rules.

Bill History

2026-03-13 House
• Died in Intergovernmental Affairs Subcommittee
2026-01-16 House
• Referred to Intergovernmental Affairs Subcommittee • Referred to Ways & Means Committee • Referred to Commerce Committee • Now in Intergovernmental Affairs Subcommittee
2026-01-13 House
• 1st Reading (Original Filed Version) • 1st Reading (Committee Substitute 1)
2025-12-11 House
• Reported out of Housing, Agriculture & Tourism Subcommittee • Laid on Table under Rule 7.18(a) • CS Filed
2025-12-10 House
• Favorable with CS by Housing, Agriculture & Tourism Subcommittee
2025-12-03 House
• Added to Housing, Agriculture & Tourism Subcommittee agenda
2025-11-12 House
• Referred to Housing, Agriculture & Tourism Subcommittee • Referred to Ways & Means Committee • Referred to Commerce Committee • Now in Housing, Agriculture & Tourism Subcommittee
2025-11-04 House
• Filed

Official Summary Text

Housing; Requires, rather than authorizing, local governments to adopt, by specified date, ordinance to allow accessory dwelling units in certain areas; requires that such ordinances apply prospectively; prohibits inclusion of certain requirements or prohibitions in such ordinances; removes requirement that application for building permit to construct accessory dwelling unit include certain affidavit; revises accessory dwelling units that apply toward satisfying certain component of local government's comprehensive plan; prohibits denial of homestead exemption for certain portions of property on specified basis; requires that rented accessory dwelling unit be assessed separately from homestead property & taxed according to its use; authorizes local government to provide density bonus incentive to landowners who make certain real property donations to assist in provision of affordable housing for military families; requires OPPAGA to evaluate efficacy of using mezzanine finance & potential of tiny homes for specified purposes; requires office to consult with certain entities; requires office to submit certain report to Legislature by specified date.

Current Bill Text

Read the full stored bill text

CS/HB 313 2026

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to housing; amending s. 163.31771, 2
F.S.; defining the terms "by right" and "primary 3
dwelling unit"; requiring, rather than authorizing, 4
local governments to adopt, by a specified date, an 5
ordinance to allow accessory dwelling units in certain 6
areas; requiring that such ordinances apply 7
prospectively; prohibiting the inclusion of certain 8
requirements or prohibitions in such ordinances; 9
deleting a requirement that an application for a 10
building permit to construct an accessory dwelling 11
unit include a certain affidavit; revising the 12
accessory dwelling units that apply toward satisfying 13
a certain component of a local government's 14
comprehensive plan; prohibiting the denial of a 15
homestead exemption for certain portions of property 16
on a specified basis; requiring that a rented 17
accessory dwelling unit be assessed separately from 18
the homestead property and taxed according to its use; 19
amending s. 420.615, F.S.; authorizing a local 20
government to provide a density bonus incentive to 21
landowners who make certain real property donations to 22
assist in the provision of affordable housing for 23
military families; requiring the Office of Program 24
Policy Analysis and Government Accountability to 25

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

evaluate the efficacy of using mezzanine finance and 26
the potential of tiny homes for specified purposes; 27
requiring the office to consult with certain entities; 28
requiring the office to submit a certain report to the 29
Legislature by a specified date; providing an 30
effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Subsections (2) through (5) of section 35
163.31771, Florida Statutes, are amended, and a new subsection 36
(5) is added to that section, to read: 37
163.31771 Accessory dwelling units.— 38
(2) As used in this section, the term: 39
(a) "Accessory dwelling unit" means an ancillary or 40
secondary living unit, that has a separate kitchen, bathroom, 41
and sleeping area, existing either within the same structure, or 42
on the same lot, as the primary dwelling unit. 43
(b) "Affordable rental" means that monthly rent and 44
utilities do not exceed 30 percent of that amount which 45
represents the percentage of the median adjusted gross annual 46
income for extremely-low-income, very-low-income, low-income, or 47
moderate-income persons. 48
(c) "By right" means the ability to be approved without 49
requiring a public hearing; a variance, conditional use permit, 50

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

special permit, or special exception; or other discretionary 51
action, other than a determination that a site plan conforms 52
with applicable zoning regulations. 53
(e)(c) "Local government" means a county or municipality. 54
(f)(d) "Low-income persons" has the same meaning as in s. 55
420.0004(11). 56
(g)(e) "Moderate-income persons" has the same meaning as 57
in s. 420.0004(12). 58
(h) "Primary dwelling unit" means the existing or proposed 59
single-family dwelling on the property where a proposed 60
accessory dwelling unit would be located. 61
(i)(f) "Very-low-income persons" has the same meaning as 62
in s. 420.0004(17). 63
(d)(g) "Extremely-low-income persons" has the same meaning 64
as in s. 420.0004(9). 65
(3) By December 1, 2026, a local government shall may 66
adopt an ordinance to allow accessory dwelling units by right in 67
any area zoned for single-family residential use. Such ordinance 68
must apply prospectively to accessory dwelling units approved 69
after the date the ordinance is adopted. Such ordinance may 70
regulate the permitting, construction, and use of an accessory 71
dwelling unit but may not do any of the following: 72
(a) Require that the owner of a parcel on which an 73
accessory dwelling unit is constructed reside in the primary 74
dwelling unit. 75

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(b) Increase parking requirements on any parcel that can 76
accommodate an additional motor vehicle on a driveway without 77
impeding access to the primary dwelling unit. 78
(c) Require replacement parking if a garage, carport, or 79
covered parking structure is converted to create an accessory 80
dwelling unit. 81
(d) Impose discretionary review or hearing standards, such 82
as requiring a conditional use approval or special exception to 83
construct an accessory dwelling unit, or other review standards 84
that do not apply generally to other housing in the same 85
district or zone. 86
(4) An application for a building permit to construct an 87
accessory dwelling unit must include an affidavit from the 88
applicant which attests that the unit will be rented at an 89
affordable rate to an extremely-low-income, very-low-income, 90
low-income, or moderate-income person or persons. 91
(4)(5) Each accessory dwelling unit allowed by an 92
ordinance adopted under this section which provides affordable 93
rental housing shall apply toward satisfying the affordable 94
housing component of the housing element in the local 95
government's comprehensive plan under s. 163.3177(6)(f). 96
(5) The owner of a property with an accessory dwelling 97
unit may not be denied a homestead exemption for those portions 98
of property on which the owner maintains a permanent residence 99
solely on the basis of the property containing an accessory 100

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

dwelling unit that is or may be rented to another person. 101
However, if the accessory dwelling unit is rented to another 102
person, the accessory dwelling unit must be assessed separately 103
from the homestead property and taxed according to its use. 104
Section 2. Subsection (1) of section 420.615, Florida 105
Statutes, is amended to read: 106
420.615 Affordable housing land donation density bonus 107
incentives.— 108
(1) A local government may provide density bonus 109
incentives pursuant to the provisions of this section to any 110
landowner who voluntarily donates fee simple interest in real 111
property to the local government for the purpose of assisting 112
the local government in providing affordable housing, including 113
housing that is affordable for military families receiving the 114
basic allowance for housing. Donated real property must be 115
determined by the local government to be appropriate for use as 116
affordable housing and must be subject to deed restrictions to 117
ensure that the property will be used for affordable housing. 118
Section 3. The Office of Program Policy Analysis and 119
Government Accountability (OPPAGA) shall evaluate the efficacy 120
of using mezzanine finance, or second-position short-term debt, 121
to stimulate the construction of owner-occupied housing that is 122
affordable as defined in s. 420.0004(3), Florida Statutes, in 123
this state. OPPAGA shall also evaluate the potential of tiny 124
homes in meeting the need for affordable housing in this state. 125

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OPPAGA shall consult with the Florida Housing Finance 126
Corporation and the Shimberg Center for Housing Studies at the 127
University of Florida in conducting its evaluation. By December 128
31, 2027, OPPAGA shall submit a report of its findings to the 129
President of the Senate and the Speaker of the House of 130
Representatives. Such report must include recommendations for 131
the structuring of a model mezzanine finance program. 132
Section 4. This act shall take effect July 1, 2026. 133