Jacksonville, FL Accessory Structures: ADU Owner Occupancy (2026)

Prior to 2022, Jacksonville's RLD-TND ADU rules limited occupancy to family members and required the owner to reside on the property. Ordinance 2022-0448-E (Keeping Our Families Together Act) struck the owner-occupancy and family-only restrictions when it expanded ADUs citywide. In 2024, the Florida Legislature passed HB 1339, which preempts any local government from requiring owner-occupancy of either the primary residence or the ADU as a condition of approval. The bill applies statewide and overrides any conflicting local ordinance. No recorded deed restriction or owner-occupancy affidavit is required at the time of permit issuance or Certificate of Occupancy. Owners are free to rent both the primary residence and the ADU to separate tenants, occupy the ADU and rent the main house, or live in the main house and rent the ADU. Short-term rental restrictions in Ch. 656 Pt. 4 still apply if the ADU is rented for less than 30 days - see the short-term rentals subcategory. HOA covenants in private subdivisions may still impose owner-occupancy as a private matter independent of city code.