Florida SB 48: Relief of Ashraf Kamel and Marguerite Dimitri by the Palm Beach County School Board

Bill Text

48 
Housing 
2026-01-28T03:46:30Z 
Defining the term “primary dwelling unit”; requiring local governments to adopt, by a specified date, an ordinance to allow accessory dwelling units to be approved in certain areas; requiring the Office of Program Policy Analysis and Government Accountability to evaluate the efficacy of using mezzanine finance and the potential of tiny homes for specified purposes, etc. 
Committee Substitute 2 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c2 

 Florida Senate - 2026 CS for CS for SB 48 

 By the Committee on Rules; the Appropriations Committee on 
 Transportation, Tourism, and Economic Development; and Senators 
 Gaetz, Osgood, Pizzo, and Arrington 

 595-02231-26 202648c2 
 1 A bill to be entitled 
 2 An act relating to housing; amending s. 163.31771, 
 3 F.S.; defining the term “primary dwelling unit”; 
 4 requiring local governments to adopt, by a specified 
 5 date, an ordinance to allow accessory dwelling units 
 6 to be approved in certain areas; requiring that such 
 7 ordinances apply prospectively; providing that such 
 8 ordinances may regulate specified actions; prohibiting 
 9 the inclusion of certain requirements or prohibitions 
 10 in such ordinances; providing an exception to the 
 11 requirement that local governments adopt such 
 12 ordinances; deleting a requirement that an application 
 13 for a building permit to construct an accessory 
 14 dwelling unit include a certain affidavit; revising 
 15 the accessory dwelling units that apply toward 
 16 satisfying a certain component of a local government’s 
 17 comprehensive plan; prohibiting the denial of a 
 18 homestead exemption for certain portions of property 
 19 on a specified basis; requiring that a rented 
 20 accessory dwelling unit be assessed separately from 
 21 the homestead property and taxed according to its use; 
 22 amending s. 420.615, F.S.; authorizing a local 
 23 government to provide a density bonus incentive to 
 24 landowners who make certain real property donations to 
 25 assist in the provision of affordable housing for 
 26 military families; requiring the Office of Program 
 27 Policy Analysis and Government Accountability to 
 28 evaluate the efficacy of using mezzanine finance and 
 29 the potential of tiny homes for specified purposes; 
 30 requiring the office to consult with certain entities; 
 31 requiring the office to submit a certain report to the 
 32 Legislature by a specified date; providing an 
 33 effective date. 
 34 
 35 Be It Enacted by the Legislature of the State of Florida: 
 36 
 37 Section 1. Subsections (2) through (5) of section 
 38 163.31771, Florida Statutes, are amended, and a new subsection 
 39 (5) is added to that section, to read: 
 40 163.31771 Accessory dwelling units.— 
 41 (2) As used in this section, the term: 
 42 (a) “Accessory dwelling unit” means an ancillary or 
 43 secondary living unit, that has a separate kitchen, bathroom, 
 44 and sleeping area, existing either within the same structure, or 
 45 on the same lot, as the primary dwelling unit. 
 46 (b) “Affordable rental” means that monthly rent and 
 47 utilities do not exceed 30 percent of that amount which 
 48 represents the percentage of the median adjusted gross annual 
 49 income for extremely-low-income, very-low-income, low-income, or 
 50 moderate-income persons. 
 51 (d)(c) “Local government” means a county or municipality. 
 52 (e)(d) “Low-income persons” has the same meaning as in s. 
 53 420.0004(11). 
 54 (f)(e) “Moderate-income persons” has the same meaning as in 
 55 s. 420.0004(12). 
 56 (g) “Primary dwelling unit” means an existing or proposed 
 57 single-family dwelling on the property where a proposed 
 58 accessory dwelling unit would be located. 
 59 (h)(f) “Very-low-income persons” has the same meaning as in 
 60 s. 420.0004(17). 
 61 (c)(g) “Extremely-low-income persons” has the same meaning 
 62 as in s. 420.0004(9). 
 63 (3) By December 1, 2026, a local government shall may adopt 
 64 an ordinance to allow accessory dwelling units to be approved 
 65 without requiring a public hearing; a variance, conditional use 
 66 permit, special permit, or special exception; or other 
 67 discretionary action, other than a determination that a site 
 68 plan conforms with applicable zoning regulations, in any area 
 69 zoned for single-family residential use. Such ordinance must 
 70 apply prospectively to accessory dwelling units approved after 
 71 the date the ordinance is adopted. Such ordinance may regulate 
 72 the permitting, construction, and use of an accessory dwelling 
 73 unit but may not do any of the following: 
 74 (a) Prohibit the renting or leasing of an accessory 
 75 dwelling unit, except to prohibit the renting or leasing of an 
 76 accessory dwelling unit approved after the effective date of the 
 77 ordinance for a term of less than 1 month, notwithstanding s. 
 78 509.032(7)(b). 
 79 (b) Require that the owner of a parcel on which an 
 80 ac