2026 Legislative Recap Webinar Series – Part 1 May 5, 2026 1
Event #9328884 { 1.5 CM | 1 Law CM
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Meet today’s experts
Edward Ng, AICP APA Florida President-Elect
Anna Grace DePaolo Metz Husband & Daughton
Doug Bell, Esq. Metz Husband & Daughton
Meet today’s experts
Ali Ankudowich, AICP Florida Housing Coalition
Michael Willson, Esq. Stearns Weaver Miller
Nancy Stroud, FAICP, JD Nancy Stroud, P.A.
Legislative Update May 5, 2026 Doug Bell Anna Grace DePaolo
2026 Session Headlines
Florida Politics: State of Play Republican Supermajority in House and Senate
Special Sessions Contentious Session
• Redistricting (April 28-29) • + AI and Medical Freedom • Budget (May 12 – May 29) • Property Taxes (May?)
Leadership Transitions Term Limits / Election Year
• Executive Offices • Presiding Officers • Agency Heads • Committee Chairs • Staff
Special Sessions D & E Special Session D Called by Governor DeSantis
Delayed / Shortened Tuesday, April 28 – Wednesday, April 29 Expanded Scope: Congressional Redistricting AI Bill of Rights Medical Freedom
Special Session E Called by the Legislature
Tuesday, May 12 – Friday, May 29 Budget
(< $117.4 billion)
Property Taxes?
2026 Session by the Numbers 2026 Legislative Session Dates: • January 13, 2026 – March 13, 2026 Total Bills Filed: 1896 APA Tracked: 154 (25 passed) Bills Passed: 238 (44 Local Bills) • House Version: 151 • Senate Version: 87 Bills Signed (as of 5/4/26): 65 Bills Pending on Desk (as of 5/4/26): 15 Bills Vetoed (as of 4/1/24): 0 % Bills Passed of Total Bills Filed: 12.5%
Enrolled Bills – Priority Highlights HB 1389 Affordable Housing by Rep. Redondo (R-Miami) / Sen. Calatayud (R-Miami) SB 1434 Infill Redevelopment by Rep. Borrero (R-Doral) / Sen. Calatayud (R-Miami) HB 399 Land Use and Development Regulations by Sen. McClain (R-Ocala) / Rep. Borrero (R-Doral) • Approved by the Governor on 3/27/26
HB 927 Local Land Planning and Development by Rep. Sapp (R-Palatka) / Sen. Massullo (R-Inverness) • Pending on the Governor’s desk. Must act by 5/15/26
SB 686 Agricultural Enclaves by Sen. McClain (R-Ocala) / Rep. Botana (R-Bonita Springs) • Approved by the Governor 4/20/26
HB 441 Conservation Lands by Rep. Kendall (R-St. Johns) / Sen. Mayfield (R-Melbourne) • Approved by the Governor 4/22/26
SB 484 Data Centers by Sen. Avila (Hialeah Gardens) / Rep. Griffitts (R-Panama City) HB 1329 Local Government Finance (Impact Fees) by Rep. Benarroch (R-Naples) / Sen. DiCeglie (R-St. Pete)
Legislative Reporter
2026 Wins & Looking Ahead APA FL Wins
Defeated Policy
• Increased Engagement: • Legislators • Policy • Partner Orgs. • Increased Awareness of APA FL with Staff • Successful Advocacy Day • Faster Internal Feedback
• Blue Ribbon Projects • Starter Homes Act • Rural Boundary Elimination • UDB Study • TOD Legislation
Unfinished Business / Summer Work • Property Taxes • Blue Ribbon Projects • Affordable Housing Work Group • ADUs / Starter Homes Act
• Ch. 163 Rewrite • SB 180 Fix • Rural and Urban Boundary Education • Data Centers Pt. 2 • Live Local Pt. 5
Key Dates April 21-22, 2026
Special Session: Congressional Redistricting, AI, Medical Freedom
May 12-29, 2026
Special Session: Budget
July 1, 2026
New Fiscal Year 2026-2027
August 18, 2026
Primary Election
November 3, 2026
General Election
November 17, 2026
Legislature Swearing-In / Organization Session
Dec. 2026 – Feb. 2027
2027 Legislative Session Committee Weeks (6)
2027 Legislative Session
March 2, 2027 – April 30, 2027
HB 1389 & SB 962
Yes-in-God’s Backyard | Live Local 4.0 | Fair Housing Ali Ankudowich Director of Land Use Innovation ankudowich@flhousing.org
APA Florida 2026 Legislative Recap Webinar
May 5, 2026
Florida Housing Coalition
www.flhousing.org
The Florida Housing Coalition
About Us Statewide 501(c)(3) providing training, technical assistance, and policy support to local governments, affordable housing builders, and advocates on affordable housing. We also are active in policy advocacy and research at the state and local levels. Our Work Includes: •
Ensuring compliance with local, state, and federal affordable housing programs
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Designing effective affordable housing programs
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Building the capacity of nonprofit housing providers
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Guiding land use planning for affordable housing
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Conducting research and data analysis
About Us
Subscribe to our Substack for Policy Updates!
https://flhousingactionlab.substack.com/ Subscribe to our Substack for policy updates! Stay current on the issues that matter to housing advocates and practitioners: • Federal, state, and local policy updates • Advocacy tools – briefs, talking points, and guides • Data on housing trends, gaps, and opportunities • Field reports and practitioner insights • Housing solutions and best practices • Reflections from FHC staff
About Us
Updates to Florida’s YIGBY (Yes-in-God’s-Backyard) Laws Two Overlapping Tools
YIGBY Local Option
YIGBY
Key Takeaway: The local option and state mandate overlap but apply differently — knowing which tool governs a specific parcel is critical to effective implementation.
NEW YIGBY State Mandate Local Incentive Programs YIGBY Local Option SB 1730 (2025)
Live Local Land Use Mandate w/ Amendments HB 1389 (2026) – Amendments pending Governor signature
HB 1389 (2026) pending Governor signature
Optional YIGBY (Yes-in-God’s-Backyard) Empowering localities to unlock faith-based land
YIGBY Local Option
YIGBY
POLICY
KEY POINTS
Eligible Land
Land owned by religious institutions with or next to a house of worship
Local Control
Local governments decide where and how to apply YIGBY
Affordable Units
Minimum 10%; higher percentage allowed
Housing Types + Tenures
Rental or ownership; single-family or multi-family
Income Levels
Up to 120% AMI; lower levels allowed
Affordability Term
Not defined in statute; local discretion
Development Standards
Fully determined by local governments
Approval Process
Case-by-case or via local policy/ordinance
Live Local Act Background on Land Use Mandate
Land Use Mandate
What it does: Qualifying multifamily and mixed-use affordable housing developments are allowed by right in areas zoned for commercial, industrial, or mixed-use (including PUDs). To qualify, a development must: • Be in an eligible zone district • Reserve at least 40% of units as affordable rentals to households earning up to 120% of AMI for at least 30 years • Be multifamily or mixed-use, with at least 65% of the building used for residential purposes (if mixed-use) What is a qualified project entitled to? Favorable entitlements for density, height, floor area ratio, use, parking, and administrative approval.
Tracking the Live Local Land Use Mandate as of 3/30/26, there are at least 17 LLA projects under construction
Land Use Mandate
Link to FHC’s LLA Tracker
Mandatory YIGBY House Bill 1389 (2026) – not yet signed by the Governor
Land Use Mandate
What it does: Expands Live Local Act land use mandate for affordable housing in commercial, industrial, and mixed-use areas to include qualifying land owned by religious institutions. Qualifying land and development: •
Owned by a religious institution
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Has a house of worship
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Larger than 3 acres
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House of worship must be active for at least 10 years prior to application (and continue after housing developed)
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At least 40% of homes must be multi-family rentals affordable to households up to 120% AMI
Entitlements: •
Multifamily and mixed-use housing by-right
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Live Local Act’s standards regarding density, height, floor area ratio, parking, and administrative approval
Optional YIGBY SB 1730 (2025)
YIGBY At a Glance Two laws, two tracks — here’s how they compare SB 1730 (2025) + HB 1389 (2026)
Required by the state?
No – local option. Localities can choose to use it, but aren’t required.
Yes – state mandate. Localities must approve qualifying projects.
Who qualifies?
Religious institution-owned land containing a house of worship, or contiguous to one
Religious institution-owned land with a house of worship for 10+ years; must be >3 acres; house of worship must stay active
What can be built?
Any housing type — rentals, for-sale, apartments, single-family. Flexible.
Multifamily apartments or mixed-use buildings only.
At least 10% affordable (<120% AMI). Localities may target lower AMIs or require higher % of affordable units.
At least 40% must be affordable rentals (<120% AMI).
How long do the homes stay affordable?
Local government decides.
At least 30 years – set by state law.
Local Control
Full discretion.
State overrides use, height, density, floor area ratio, parking, and approval process.
Which properties can use this?
Affordability YIGBY = Yes In God’s Backyard
Mandatory YIGBY HB 1389 (2026)
How many homes at what incomes must be affordable?
What can localities decide?
Keep Up Your Local YIGBY Work!!! What the local option covers, but the mandate does not • Parcels 3 acres or smaller • Land contiguous to the house of worship • Land with a house of worship active for less than 10 years • Single-family housing • Situations where religious institution wants to convey the affordable housing property
YIGBY
4×
Early estimate: 4x more qualifying land statewide under local option than state mandate
The Local Option Covers More Ground
YIGBY
YIGBY local option: 6x more qualifying parcels than the state mandate in Broward County
LOCAL OPTION
STATE MANDATE
6×
more qualifying parcels under local option than state mandate in Broward County 1,307 qualifying parcels 2,894 acres
216 qualifying parcels 1,834 acres
Keep Up Your Local YIGBY Work!!! Local Planning Follow-Up & Policy Ideas
Faith group engagement: • Treat YIGBY as an opportunity, not just an obligation – continue to use the local option tool proactively, especially for smaller parcels and sites adjacent to houses of worship • Build relationships with local faith communities – before a project is on the table • Be a resource for faith groups navigating Florida's YIGBY laws — they want to build housing; your expertise helps them get there faster • Host community convenings that bring faith leaders, policymakers, builders, and planners to the same table — shared knowledge accelerates community-driven projects and builds the trust needed for long-term partnerships
YIGBY
Keep Up Your Local YIGBY Work!!! Local Planning Follow-Up & Policy Ideas
• Map eligible sites, determine context • Determine target areas of applicability in jurisdiction • Consider local policy vs case-bycase approval • Determine further eligibility requirements, applicable development regulations • Determine approval process, monitoring and enforcement
YIGBY
Live Local 4.0 Additional amendments to the Live Local Land Use Mandate
Land Use Mandate
YIGBY Expansion Qualifying religious institution property now eligible (>3 acres; active house of worship 10+ years; house of worship must continue post-development) Public Land Expansion Property owned by counties, municipalities, or school districts now qualifies Limits on Height Restrictions Localities cannot restrict eligible height via setbacks/stepbacks, or rules more restrictive than underlying zoning Farm Exemption Farms and farm operations are explicitly excluded from commercial/industrial classifications Open Space & Conservation Exemptions Excludes open space districts, areas of critical state concern, and conservation easements
Live Local 4.0 Local Planning Follow-Up & Policy Ideas • Review applicable regulations potentially affecting height allowances for consistency • Public land inventory and acquisition in view of LLA: • Inventory of land appropriate for affordable housing required to be updated every 3 years and posted on local government website • Consider how LLA 4.0 expands opportunities on these lands or for active acquisition
Land Use Mandate
Changes to the Multifamily Middle Market (MMM) Opt-Out Background on the MMM • The Live Local Act created the Multifamily Middle Market (MMM) Property Tax Exemption. • Applies to newly constructed multifamily rental developments with 71+ affordable units (or 10+ units in Areas of Critical State Concern) serving households <120% AMI. • Exemption levels: • 75% exemption for units serving 80-120% AMI • 100% exemption for units serving <80% AMI • Only the affordable units within an eligible development qualify for the exemption.
Property Taxes
Changes to the Multifamily Middle Market (MMM) Opt-Out The Opt-Out • In 2024, the Legislature allowed qualifying taxing authorities to opt-out of the 75% property tax exemption for units affordable to 80-120% AMI. • Note: The 100% exemption for units serving households at 80% AMI and below remains mandatory — no opt-out available • Opt-out eligibility based on whether the taxing authority is in a county that had a surplus of 0-120% AMI units per the most recent Shimberg Center Annul Report
Property Taxes
Changes to the Multifamily Middle Market (MMM) Opt-Out HB 1389 (2026) • Stricter opt-out threshold: A taxing authority may only opt out if its county had a surplus of 0-120% AMI units for each of the previous 3 years, per Shimberg Center Annual Reports • Earlier exemption trigger: Properties with a building permit issued on or after 7/1/2026 are exempt from opt-out ordinances enacted within the next 4 years, locking in the exemption earlier in the development process
Property Taxes
Changes to the Multifamily Middle Market (MMM) Opt-Out Places that could opt-out in 2026; strikethrough = wouldn’t have been able to under new rules
Alachua Baker Bay Bradford Brevard Calhoun Clay Collier Columbia Dixie Duval Escambia Flagler Franklin Gadsden
Gilchrist Gulf Hamilton Hernando Hillsborough Holmes Jackson Jefferson Lafayette Lee Leon Levy Liberty Madison Nassau
Okaloosa Pasco Pinellas Polk Putnam Santa Rosa St. Johns Sumter Suwannee Taylor Union Volusia Wakulla Walton Washington
Property Taxes
Multifamily Middle Market (MMM) Property Tax Exemption How is the exemption being used?
Property Taxes
Live Local 4.0 Amendments to the Florida Fair Housing Act
• Anti-discrimination in land use: Explicitly prohibits discrimination against affordable housing in land use and permitting decisions. • Affordable housing = any development rented or sold at an “affordable” rate to households up to 120% AMI • Sovereign immunity waiver: Waives sovereign immunity for governmental entities that violate the Florida Fair Housing Act (to address a recent 4th DCA case).
Fair Housing
HB 1389 | SB 962 Local Planning Follow-Up & Policy Idea Highlights
Keep up local YIGBY work
Review local regulations for consistency with LLA 4.0 limits on height restrictions
Recap
Evaluate public lands eligible for LLA 4.0 for additional development opportunities
Ali Ankudowich
Director of Land Use Innovation Florida Housing Coalition Ankudowich@FLHousing.org
Kody Glazer
Chief Legal and Policy Officer Florida Housing Coalition Glazer@FLHousing.org
Michael Willson, Esq. HB 803 – Building Permits and Administration HB 927– Private Providers
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HB 803 – Building Permits and Administration Contextual notes: • Sent to the Governor on April 30, so he has until May 15 to veto or it will become law. • Overlaps with HB 399 provisions concerning placement of manufactured buildings and zoning parity for off-site constructed homes (ss. 553.382 & 553.385, F.S.) • HB 399 already law, but these specific provisions not effective until Jan.1, 2027. HB 803 would make these provisions effective July 1.
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What the Law Does
Broad re-write of Florida law relating to building-permits, inspections, and private-providers. Requires zoning parity for off-site manufactured dwellings. Building Permits, generally • Requires the Florida Building Commission to develop uniform statewide residential and commercial uniform building permit applications that must be used by local governments. o Commission must adopt rule by July 1, 2027. o Must be capable of integration with existing building permit software systems used by local governments, to the extent feasible. o Must account for local amendments to code. • Prohibits local enforcement agencies from charging inspection fees based on the total cost of the project. (Fees may not exceed the actual cost incurred by the agency to perform and approve the inspection.) • Building permits for single-family dwellings do not expire until the effective date of the next edition of the Florida Building Code (every 3 yrs), but in no case sooner than one year after issuance. Specifically allows locals to extend beyond the expiration date. • Must approve within 5 days of application being deemed complete when work is less than $15,000 and on existing single-family dwelling (structural, accessory structure, alarm, electrical, irrigation, landscaping, mechanical, plumbing, or roofing)
What the Law Does Building Permit Exemptions
• Work on single-family homes if valued at less than $7,500, however: o Projects may not be divided for the purpose of evading permitting requirements. o Owners/contractors must submit a written request for the exemption to the local enforcement agency (which includes the contract or other documentation demonstrating the nature and value of the work to be performed.) o Locals are not liable for the work that is performed. • Temporary residential hurricane and flood protection walls (if not load bearing, single/2-family residential, constructed to prevent flooding on property, installed by licensed contractor, compliant with local zoning/drainage/easement/set-back) and written request is submitted • Retaining walls
What the Law Does Alternative plans review and private providers (PP) • Private providers can be used at any time • Local governments must establish a system of registration for private providers • Limits what local officials can review • Removes notice requirements • Changes standard of review • Authorizes virtual inspections
What the Law Does Fees • Requires permit fees to reflect the actual cost incurred when owner uses a PP for building sections services • No more punitive, administrative, or additional fees, including fees for building inspections or site review, when an owner uses a private provider. • Permit fees for commercial construction projects must be reduced by: o at least 25% when a private provider is used for plans review or building inspection services o at least 50% when a private provider is used for all plans review and building inspection services.
What the Law Does Zoning Parity for Off-site Constructed Homes • Offsite-constructed residential dwellings (including manufactured homes or modular buildings) must be treated the same as other residential single family detached dwellings. o May not enforce any zoning, land use, or development regulations that treat an offside-constructed residential dwelling differently or more restrictively. o May adopt specific compatibility-related standards, which are limited to: • Roof pitch; square footage of livable space; type and quality of exterior finishing materials; foundation enclosure; existence and type of attached structures; building setbacks, lot dimensions, and the orientation of the home on the lot.
What the Law Does Zoning Parity for Off-site Constructed Homes • Requires the Florida Department of Management Services to enter into state term contracts for building code inspection services. • Allows certain out-of-state licensed building officials to work for one year following a declared state of emergency. • Preempts glazing requirements for more than 15% of the surface area of primary façade for first 10 ft for new commercial and mixed-use buildings or restorations (exempts certain listed NRHP structures). • Prohibits homeowners’ associations from requiring a building permit as a prerequisite for review of the construction of structures or improvements
HB 803 Implications for Local Governments • These changes may aid in the provision of more affordable housing throughout the state and reduce barriers to the incorporation of accessory dwelling units (ADUs) in established residential areas. • Standardized building permit applications will make it easier to do work throughout the state. All the building departments in the state already regulate construction through the Florida Building Code (FBC). It only makes sense that the applications for doing so are consistent throughout the state. • Revisions to the private provider legislation close known gaps and further encourage the use of private providers to alleviate significant permit loads on local governments. • Locals may experience revenue loss due to expansion in permitting exemptions and reductions to application fees and increased costs related to creating private provider registrations. Potentially offset by increased efficiencies under the bill.
HB 803 Administrative Actions + Planning Toolbox • Review and reconcile any zoning, land use, or development regulations that treat an offside-constructed residential dwelling differently or more restrictively. • Revise any glazing requirements that contradict the bill. • Anticipate and prepare for uniform application rule next summer. • Update processes and requirements relating to use of private providers. • Review inspection-fee schedules. • Communicate with HOAs .
HB 927– Private Providers Contextual notes: • Sent to the Governor on April 30, so he has until May 15 to veto or it will become law.
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What the Law Does Qualified Contractors • Beginning January 1, 2027. • Only in counties 75,000+ and municipalities 10,000+. • Pre-existing, substantially similar programs are grandfathered in. A registry of qualified contractors to conduct pre-application reviews of development permits and orders (plans, permits, plats, and subdivisions) for compliance with a local government’s land development regulations. After completing a pre-application review on work in their respective field, (engineers, surveyors & mappers, architects, landscape architects, certified planners, or employees of other local governments) a qualified contractor completes an affidavit that the work is in compliance with the local government’s requirements, which is then reviewed by the local government.
What the Law Does Specific requirements include: • Registry o Affected governments must register at least two QC firms or four individual QCs. o QCs can be the employee of another government o No conflicts of interest for QCs o Applicants can pick their own QC if the LG fails to provide a registry • The scope of the pre-application review by the QC addresses the completeness and compliance with LDRs for the application and related documents, such as site (engineering) plans and plats.
What the Law Does When the local government receives the initial application, it must take the following steps: • Review for completeness within 5 business days: Confirm receipt, verify completeness, and notify the applicant in writing that the application is complete or identify specific deficiencies. o If deficiencies are identified, the applicant has 30 days to remedy with additional information. o Applications are deemed complete if the written notification above is not issued within 5 days. When the local government receives the complete application, they must: • Approve (with or without conditions) or deny within 45 days o LG may not scrutinize the plans that have already been reviewed by the QC for completeness o If the LG does not take action within the required 45 days, the applicant is required to notify the LG in writing after which the LG has 10 days to respond. If no response after 10 days, the application is automatically deemed approved without conditions and the applicant is entitled to proceed as if the LG had granted approval. Local governments must confirm acceptance an application using a qualified contractor within 5 business days and approve such applications within 45 days.
What the Law Does Plats • The bill prohibits local governments from creating or establishing any additional local procedure or condition that a platting applicant must meet for the administrative approval of a plat or replat. • Local governments must accept commonly used forms of financial assurance, including performance bonds, letters of credit, and escrow agreements, provided that the assurance is in a form reasonably acceptable to the local government and issued by a financially responsible issuer meeting objective, uniformly applied standards.
What the Law Does Expedited Permits before Plat Approval • Clarifies that the existing expedited building permit process applies to phases in a multi-phased community or subdivision. • Provides that, when a local government is required to adopt a program for expedited building permit processing, but fails to do so, the applicant gets an unconditional right to use a qualified contractor of the applicant’s choosing to obtain up to 75 percent of the building permits for development before the final plat is recorded. • Requires that a preliminary plat submitted under the two-step application process include stabilized access roads for emergency vehicles. • Grants a vested right in a preliminary plat under the program for five years, regardless of whether the applicant has taken action and incurred expenses in reliance on the preliminary plat. • Authorizes a local government to waive performance bond requirements. • Authorizes the use of a qualified contractor, in addition to a private provider, to expedite the process for reviewing any plans necessary to support the approval of the site plan or plat.
HB 927 Implications for Local Governments The intent of the Qualified Contractor bill, much like the private provider option outlined in HB 803, is to provide relief to local governments overwhelmed with permits. Many local governments already have consultants on continuing contract to assist with the review of growth management related permits when backlogged. This legislation ensures that all larger local governments are utilizing this resource. Cleans up the 2024 legislation related to plats. The intent of that legislation was to move plat approvals to the staff (or expert) level and keep them out of the political realm.
HB 927 Administrative Actions and Planning Toolbox •
Start thinking about procurement / RFQ to identify qualified contractors and create registry.
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Conflict of interest screening procedures.
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Inter-local agreements with neighboring governments to share public-employee qualified contractors.
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Revise application forms and intake software for new preapplication track and 45day clock.
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Develop precertification process – staffing, software, document templates.
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Revise performance bond, letter of credit, & escrow agreements and procedures.
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Review procedures relating to the condition of permits
Nancy Stroud, FAICP, JD HB 399 - Land Use and Development Regulations Effective January 1, 2027 SB 1434 - Infill Redevelopment Act Effective upon becoming law
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HB 399 – What’s In the Bill 1. Modifies various sections of the Community Planning Act (CPA, chapter 163.3161 et seq.) • Adds section 3194(7)(a) regarding compatibility standards and findings for residential development. Local governments must adopt factors in Comprehensive Plans and Land Development Regulations for assessing compatibility of allowable residential uses within residential FLU category and zoning districts. LDRs must incorporate measures for mitigating or minimizing potential incompatibilities. Staff must specify each area of incompatibility and suggest ways to resolve the incompatibility before recommending denial of a development application. If a development application is denied, the government must provide written justification with specificity [see (7)(c)]; cannot rely on “community character” or “neighborhood feel.”
HB 399 – What’s In the Bill Does not apply to “compatibility between uses in different FLU categories” (named categories are not residential) or in a PUD or master planned community, or within historic districts designated before Jan 1, 2026
• Adds section 31803, regarding “large destination resorts”
Requires an administrative process for expansion of “large destination resorts” not to exceed 20 percent of parcel area. A large destination resort is defined as a lodging establishment with at least 5 acres, 500 rooms, and a 70% occupancy rate over the previous 3 years. Does not apply to parcels on the National Register of Historic Places. Process applies to special exceptions or variances needed for maintenance, modification or refurbishment. Changes must be consistent with the existing permitted or accessory uses in the FLUM or zoning district. Sunsets in 2030.
HB 399 – What’s In the Bill • Adds section 31804, regarding composting facilities Local government cannot require composting operators to buy more land to expand the footprint of an existing privately owned road, but can require the landowner to supply turnout for emergency vehicles where possible. Local government cannot revoke an existing permit for such facilities if they are in compliance with state environmental rules.
• Amends section 31777, requiring school interlocal agreements to allow reasonable access to public easements and rights of ways that are necessary for public school facilities
2. Adds paragraph (9) to Ch. 125.022 and Ch. 166.033 – application fees Requires local governments to base application fees on the direct and reasonable indirect cost of development review and disposition, prohibiting fees based on percentage of construction costs, site value or total project valuation.
HB 399 – What’s In the Bill 3. Amends Chapter 553 – off-site manufactured single-family dwellings • Amends section 382 to require residential manufactured buildings to be allowed in RV and mobile home parks, RV lots, and mobile home condominium, cooperative or subdivision. • Creates section 385, proving for parity for on-site and off-site constructed dwellings Local government is prohibited from denying building permits for single family dwellings solely based on construction method, provided they comply with applicable codes. Local government cannot adopt or enforce law or policy that has the effect of excluding offsite constructed residential dwellings within its jurisdiction. Off -site constructed dwelling units must be permitted as of right in zoning districts where comparable on-site built housing is allowed, subject to general standards applied to single family dwellings Listed compatibility or design standards must apply equally to off-site and on-site built dwellings
HB 399 - Implications for Local Governments A “To Do” list for local governments: • Review/revise the Comprehensive Plan and LDRs to include residential compatibility factors; review/revise treatment of off-site built dwellings to ensure they are not totally prohibited in FLUE or zoning districts. • LDRs: Review/revise design standards for parity between on-site and off-site built dwellings – see statutory list; review/revise residential zoning districts for as of right dwelling parity; review/revise zoning districts to ensure parity between mobile home/RV uses and manufactured homes; review/revise administrative processes to include large destination resorts minor changes. • Review/revise application fee schedules; schedule adoption process; publish revised ones as necessary. • Revise school interlocal agreement as necessary regarding access to school sites, and update your Comprehensive Plan as necessary
HB 399 Administrative Actions and Planning Toolbox •
Assist in Comprehensive Plan and LDR review and revisions, adoption process o Review how your Comprehensive Plan or Land Development Code defines compatibility and other measures Are they metric based? (e.g if a building is more than 30/40/50 feet higher than all surrounding properties) Is there clarity/predictability on how things will be interpreted? Consider categories that define “community character” or “neighborhood feel.” Is the noncompatibility as defined mitigable? In what way?
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Review Large Resort criteria o Update application requirements and processes (think SB 1080 (2025)) o Work with BTR or Florida Department of Revenue regarding occupancy rates (tied to tax data) • Fee basis – Consider your metrics, cost recovery, administrative review vs. reviews requiring hearings. •
Ensure that staff reports reflect residential compatibility considerations per statute.
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Remain aware in review of composting facility limitations.
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Enlist attorney assistance in residential compatibility recommendations where staff report is for denial; assist attorney in preparing written justifications for such denials in ordinance/resolutions
HB 1434 – What’s In the Bill Creates section 163.2525 - residential redevelopment of brownfields
Intended to make it easier to develop environmentally impacted, i.e. brownfield parcels in Broward, Miami-Dade, and Palm Beach counties (counties with populations greater than 1.47 million people). Requires the administrative approval of residential development on a “Qualifying parcel,” preempting local law. Qualifying parcel: At least 5 acre parcel with at least a portion designated as brownfield that has a Phase II environmental site assessment; adjacent to parcel zoned for as-of-right residential use in the same jurisdiction. Excludes designated agricultural land, local government public park land, land outside an urban growth boundary, land within a quarter mile of a military installation, or land owned within the last 15 years by a public utility.
HB 1434 – What’s In the Bill Density may not exceed the average as-of-right residential zoning district density of adjacent parcels, or 25 units per acre, whichever is lower. The “intensity” of the proposed development on the qualifying parcel must comply with standards applicable to the adjacent parcel. Developer must provide at least a 20 foot buffer between the new development and any adjacent single-family homes or townhouses. Buffer must be maintained as open space or passive recreational facilities accessible to the community. If the qualifying property includes recreational facilities (i.e. golf course), unused for at least a year, the developer must pay double recreational impact fees and give notice of adjacent property owners’ option to purchase the qualifying property to preserve it for open space.
SB 1434- Implications for Local Governments Currently limited to three counties; potential for future expansion statewide? Insurance issues may limit practicality. Yet another pre-emption. Review/revise LDR standards and administrative procedures required by the Act. Amend impact fees for doubling of recreation/park fees for this use. 34
SB 1434 - Administrative Actions and Planning Toolbox • Refer back to SB 1080 (2025) re: timelines, application instructions. • Identify potential sites – GIS. • Review how your community designates Brownfields: o Why designate? Is it to unlock funds? Provide for Economic Development Consider timing of Brownfield designation. o Is there actual contamination (ESR Phase II) o Work with City Attorney - Can you revoke a current designation? o Be careful of overlays and mixed-use districts
SB 1434 - Administrative Actions and Planning Toolbox • Identify what residential uses are adjoining “by-right,” and associated qualities (i.e. density, height, etc. suggest place in chart for easier review). • When considering other amendments to land use categories or specific parcels, review effect on neighboring brownfields as applicable if includes residential “by-right”. • Make sure your impact fees are justified and up to date.
Thank you for attending! Edward Ng, AICP The Corradino Group eng@corradino.com 305-594-0735 corradino.com
Doug Bell, Esq. Metz Husband & Daughton, PA doug.bell@mhdfirm.com Nancy Stroud, FAICP, JD Nancy Stroud, P.A. nstroud@nstroudpa.com
Ali Ankudowich, AICP Florida Housing Coalition ankudowich@flhousing.org
Michael Willson, Esq. Stearns Weaver Miller mwillson@stearnsweaver.com stearnsweaver.com
Anna Grace DePaolo Metz Husband & Daughton, PA agd@mhdfirm.com mhdfirm.com 3
Part 2 – June 10 + Perhaps Part 3? • Local Government Spending – CS/CS/HB 1329 (Impact fee provisions) • Historic Cemeteries – HB 425 • Transportation • Micromobility Devices – SB 382 • Vertiports – HB 1093 • Data Centers – SB 484 • Environmental • HB 441 - Conservation Lands • SB 290 – See TDR implications • HB 1417 – Septic • HB 1217 – Gas Emissions – Net Zero
Part 2 – June 10 + Perhaps Part 3? • Others – small mentions • SB 302 – Coastal/section on natural mitigation • Public Nuisances – SB 168 • Public Meetings – SB 655 (Bert Harris legal) • Chickees – HB 929 • HB 755 – Habitat for Humanity; but also the ban on offshore drilling • SB 1180 – CDD’s, synthetic turf ban effect • Things that we expect to come back, and what you can do to prepare
Coming soon! Property Tax Campaign: Legislator education and member communication Let’s share all the positive impacts planning has on our communities! 4
Questions? Event #9328884 1