Florida's Accessory Dwelling Unit Laws: Mitigating Florida's Housing Woes through State-Encouraged Expansion of ADU Permitting
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FLORIDA'S ACCESSORY DWELLING UNIT
LAWS: MITIGATING FLORIDA'S HOUSING
WOES THROUGH STATE-ENCOURAGED
EXPANSION OF ADU PERMITTING
Sarah A. Gottlieb*
I. INTRODUCTION
Millions of baby boomers' are approaching retirement.'
Members of this group increasingly find themselves in the
following predicament: financially or physically unable to
maintain a large, single-family home lifestyle-requiring
frequent upkeep and driving-yet unwilling to prematurely give
up independence for unfamiliar company and surroundings.3
* @ 2017, Sarah A. Gottlieb. All rights reserved. J.D., cum laude, Stetson Law Review,
Stetson University College of Law, 2016; B.A., cum laude, The University of Tampa, 2011.
The Author wishes to express her sincere gratitude to Professor Paul Boudreaux for his
advisement and support, without which this Article would not have been possible. The
Author would also like to thank Katy Womble and the members of Stetson Law Review for
their dedication to the publication of this Article.
1. The Baby Boomer Generation includes more than seventy-five million people born
between 1946 and 1964. Baby Boomers, HISTORY.COM, http://www.history.com/topics/baby-
boomers (last visited Apr. 13, 2017).
2. Patricia E. Salkin, Where Will the Baby Boomers Go? Planning and Zoning for an
Aging Population, 32 REAL EST. L.J. 181, 181-82 (2003) [hereinafter Salkin, Baby
Boomers] (citing statistics finding that the nation's elderly population-then 12.4
percent-is anticipated to grow to 20 percent by 2030).
3. ROBIN PAUL MALLOY, LAND USE LAW AND DISABILITY: PLANNING AND ZONING FOR
ACCESSIBLE COMMUNITIES 3-5 (2015) (providing various examples of elderly or disabled
people struggling to live comfortably due to the traditional ways in which communities are
planned and housing is constructed); Patricia E. Salkin, A Quiet Crisis in America:
Meeting the Affordable Housing Needs of the Invisible Low-Income Healthy Seniors, 16
GEO. J. ON POVERTY L. & POL'Y 285, 286-87 (2009) [hereinafter Salkin, Quiet Crisis]
(describing how some low-income seniors wish to live independently but lack the funds to
do so); Patricia E. Salkin, Act Now: Accessory Dwelling Units Can Aid in the
Intergenerational Housing Crisis, 1 CAPITAL COMMONS QUARTERLY 13, 13 (2007)
[hereinafter Salkin, Intergenerational Housing Crisis]. New Yorkers, for example, prefer
to age in place, staying in the community they are familiar with and with people who
they are familiar with. Id. at 13-14. Yet, financial and physical obstacles-such as
declining health and unanticipated home maintenance costs-make staying in place
difficult. Id. at 13.](ViewImageLocal?handle=hein.journals/stet46&div=29&collection=&method=preview&ext=.png&size=3)
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Florida's Accessory Dwelling Unit Laws: Mitigating Florida's Housing Woes through State-Encouraged Expansion of ADU Permitting
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