Florida HB 1389: Affordable Housing

Bill Text

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CS/CS/HB 1389, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
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An act relating to affordable housing; amending ss. 2
125.01055 and 166.04151, F.S.; requiring counties and 3
municipalities, respectively, to authorize multifamily 4
and mixed-use residential uses as allowable uses for 5
specified property; providing requirements for certain 6
proposed developments; specifying that certain 7
proposed developments shall not exclude an assemblage 8
of certain parcels; providing for the expiration of 9
certain provisions; prohibiting counties and 10
municipalities, respectively, from restricting the 11
height of certain proposed developments through other 12
dimensional means and from requiring certain setbacks 13
or stepbacks; revising the definitions of the terms 14
"commercial use" and "industrial use"; revising 15
applicability; providing retroactive applicability; 16
authorizing applicants for certain proposed 17
developments to notify the county or municipality, as 18
applicable, by a specified date of intent to proceed 19
under certain provisions; requiring counties and 20
municipalities to allow certain applicants to submit 21
revised applications, written requests, and notices of 22
intent to account for changes made by the act; 23
amending s. 196.1978, F.S.; creating a definition for 24
"multifamily project"; revising a specified finding 25

ENROLLED
CS/CS/HB 1389, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb1389 -03-er
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that a taxing authority must make in order to elect 26
not to exempt certain property from certain ad valorem 27
taxation; authorizing certain property owners in a 28
multifamily project to apply for and continue to 29
receive an exemption; amending s. 333.03, F.S.; 30
providing an exception to the inapplicability of 31
certain provisions; amending s. 760.22, F.S.; revising 32
the definition of the term "person"; amending s. 33
760.26, F.S.; revising a prohibition on discriminatory 34
practices in land use decisions and in permitting of 35
development to include housing that is affordable; 36
amending s. 760.35, F.S.; waiving the state's 37
sovereign immunity for certain causes of action based 38
upon housing discrimination; providing applicability; 39
amending s. 420.615, F.S.; authorizing a local 40
government to provide a density bonus incentive to 41
landowners who make certain real property donations to 42
assist in the provision of affordable housing for 43
military families; requiring the Office of Program 44
Policy Analysis and Government Accountability to 45
evaluate the efficacy of using mezzanine finance and 46
the potential of tiny homes for specified purposes; 47
requiring the office to consult with certain entities; 48
requiring the office to submit a certain report to the 49
Legislature by a specified date; providing an 50

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CS/CS/HB 1389, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
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effective date. 51
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Be It Enacted by the Legislature of the State of Florida: 53
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Section 1. Paragraphs (a), (d), (n), and (o) of subsection 55
(7) of section 125.01055, Florida Statutes, are amended to read: 56
125.01055 Affordable housing.— 57
(7)(a)1. A county must authorize multifamily and mixed-use 58
residential as allowable uses in any area zoned for commercial, 59
industrial, or mixed use;, and in portions of any flexibly zoned 60
area such as a planned unit development permitted for 61
commercial, industrial, or mixed use; on property owned by a 62
county, municipality, or school district; and on property that 63
is more than 3 acres in size and owned by a religious 64
institution, as defined in s. 170.201(2), which has contained a 65
house of public worship for at least 10 years before the 66
proposed development, regardless of the underlying zoning, if at 67
least 40 percent of the residential units in a proposed 68
multifamily development are rental units that, for a period of 69
at least 30 years, are affordable as defined in s. 420.0004. 70
Notwithstanding any other law, local ordinance, or regulation to 71
the contrary, a county may not require a proposed multifamily 72
development to obtain a zoning or land use change, special 73
exception, conditional use approval, variance, transfer of 74
density or development units, amendment to a development of 75

ENROLLED
CS/CS/HB 1389, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb1389 -03-er
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regional impact, or comprehensive plan amendment for the 76
building height, zoning, and densitie