Miami 21 does not require the property owner to live on-site to operate an ADU. Florida HB 1031 (2024) further restricts local governments from imposing owner-occupancy mandates on accessory dwelling units. Recorded deed restrictions in some HOAs may still impose private occupancy rules.
Neither Miami 21 nor the City of Miami Code imposes an owner-occupancy mandate for accessory dwelling units. Florida HB 1031 (2024), codified at FL §163.31771, requires local governments to allow ADUs in single-family residential zones and constrains the conditions municipalities may attach, generally precluding owner-occupancy requirements as a discretionary local condition. Practically, this means an owner who rents both the primary dwelling and the ADU does not face a City zoning-based occupancy mandate. State Homestead Exemption rules (FL Constitution Article VII, §6) limit the homestead exemption to the owner's actual primary residence — if the owner moves out and rents both units, they lose the homestead protection and the cap on annual assessment increases. HOAs may impose private occupancy rules through declarations and bylaws, which are enforceable through the association — see HOA enforcement entries. Section 8 / Housing Choice Voucher Program tenants are protected from source-of-income discrimination under Miami-Dade County Code §11A-26.
City-level: none for owner-occupancy. Homestead loss: tax assessor backbills lost exemption with penalties. HOA: private fines per declaration. Source-of-income discrimination: county human rights enforcement.
Miami, FL
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Miami, FL
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See how Miami's adu owner occupancy rules stack up against other locations.
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