S0184 is a housing bill that makes several changes aimed at expanding rental housing options and reducing barriers to housing development. It creates a new state law allowing landlords to accept reusable tenant screening reports, which are standardized reports prepared by consumer reporting agencies within the prior 30 days. If a landlord accepts such a report, the landlord may not charge the applicant a screening fee or a fee to access the report, and the landlord may require the applicant to certify that the report has not materially changed. The bill also clarifies that landlords are not required to accept reusable reports and that the new section does not alter other laws governing criminal history screening in housing.
The bill substantially revises Florida’s accessory dwelling unit (ADU) law. It requires local governments, by December 1, 2025, to adopt ordinances allowing ADUs in single-family residential areas, and those ordinances must apply only prospectively to units approved after adoption. The bill limits what local governments may prohibit or require, including restrictions on renting, owner-occupancy, parking, and replacement parking in certain conversion situations. It also removes a prior affidavit requirement tied to affordable-rent commitments and adds a homestead exemption protection so a property owner is not denied the exemption merely because an ADU exists on the property. If the ADU is rented, however, it must be separately assessed and taxed according to its use.
Beyond ADUs, the bill expands an existing density bonus incentive program by allowing local governments to offer density bonuses to landowners who donate real property for affordable housing, including housing for military families receiving basic allowance for housing. It also directs the Office of Program Policy Analysis and Government Accountability (OPPAGA) to study mezzanine financing as a tool for producing owner-occupied affordable housing and to evaluate the potential of tiny homes in meeting affordable housing needs, with a report due to legislative leaders by December 31, 2026.
The bill’s impact on state law is significant because it both creates a new statewide framework for reusable tenant screening reports and preempts or constrains local discretion over ADU regulation by requiring local ordinances and limiting certain local restrictions. It also affects property tax treatment by protecting homestead exemptions for primary residences with ADUs while requiring separate assessment of rented ADUs. In addition, it broadens affordable housing incentives and commissions a policy study that could shape future housing finance legislation.
The overall sentiment around the bill appears strongly favorable. It advanced through the Senate with unanimous or near-unanimous committee and floor votes, and it passed the House on third reading by a wide margin. The main points of contention are not reflected in the vote history, but the bill’s restrictions on local regulation of ADUs, its limits on landlord screening fees, and its separate tax treatment for rented ADUs are the most likely areas of debate. The bill also preserves landlord discretion by making acceptance of reusable tenant screening reports optional and by leaving criminal-history screening laws intact.
Impact
Creates new s. 83.471, F.S. on reusable tenant screening reports; amends s. 163.31771, F.S. to require local ADU ordinances and limit local restrictions; amends homestead exemption and property tax treatment for properties with rented ADUs; expands affordable housing density bonus incentives in s. 420.615, F.S.; and requires an OPPAGA study on mezzanine finance and tiny homes for affordable housing.
Sentiment
The bill appears to have broad bipartisan support and little recorded opposition. It passed Senate committees and the Senate floor unanimously or nearly unanimously, and it cleared the House with a large majority. The voting pattern suggests the bill is generally viewed as a pro-housing, pro-affordability measure with support across chambers.
Contention
The most notable policy tensions involve state versus local control and landlord versus tenant interests. Local governments may object to the mandate to adopt ADU ordinances and the limits on parking, owner-occupancy, and rental restrictions. Landlords may be concerned about fee limits tied to reusable tenant screening reports, while tenant advocates may focus on whether the new screening-report system reduces application costs and barriers. The separate assessment and taxation of rented ADUs may also raise questions for property owners.