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

Orlando's Land Development Code Chapter 58 governs accessory dwelling units without imposing a strict citywide owner-occupancy mandate of the type seen in California cities. 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 as a discretionary local condition. Practically, this means an Orlando owner who rents both the primary dwelling and the ADU does not face a City zoning-based occupancy mandate. State Homestead Exemption rules (Florida Constitution Article VII, §6, and FL §196.031) 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 Save Our Homes 3% annual assessment cap, often resulting in substantially higher property taxes. HOAs in Baldwin Park, Lake Nona, Avalon Park, Delaney Park, College Park, and similar planned communities may impose private occupancy rules through declarations enforceable under FL Chapter 720 (Homeowners Associations) or Chapter 718 (Condominiums); these private restrictions are not preempted by HB 1031. Source-of-income protections in Orlando do not currently extend to Section 8 vouchers as a protected class at the city level.