Housing, Agriculture & Tourism Subcommittee Meeting Packet, February 11, 2026

Summary

Meeting packet of the House of Representatives Housing, Agriculture & Tourism Subcommittee for Wednesday, February 11, 2026, 12:00 PM to 3:00 PM in Morris Hall (17 HOB), with Michelle Salzman named alongside the title Chair. The meeting notice lists HB 1389, Affordable Housing. The bill analysis says the bill amends the Live Local Act to require local governments to authorize multifamily and mixed-use residential as allowable uses if at least 40% of the units are affordable for moderate-income persons for at least 30 years, or if at least 20% of the units in a proposed multifamily development are affordable for low-income persons for at least 30 years. The packet closes with a committee/subcommittee amendment to HB 1389 and its title amendment.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Housing, Agriculture & Tourism Subcommittee Meeting Packet, February 11, 2026.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-02-11-3287-housing-agriculture-tourism-subcommittee-meeting-packe-66ab5bba5b/, SHA-256 ded4963e9b64fdcf805223ecae75d7b1f507aa6d41d0c95d7abeaf78c9bbc408.

Full text

Housing, Agriculture & Tourism
Subcommittee
Wednesday, February 11, 2026
12:00 PM - 3:00 PM
Morris Hall (17 HOB)

Meeting Packet

Daniel Perez Michelle Salzman
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES

Housing, Agriculture & Tourism Subcommittee

Start Date and Time: Wednesday, February 11, 2026 12:00 PM

End Date and Time: Wednesday, February 11, 2026 03:00 PM

Location: Morris Hall (17 HOB)
Duration: 3.00 hrs

Consideration of the following bill(s):

HB 1389 Affordable Housing by Redondo

NOTICE FINALIZED on 02/09/2026 4:32PM by Marks.Amie

02/09/2026 04:32:26PM Leagis ® Page 1 of 1
HB 1389
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1389 COMPANION BILL: SB 1548 (Calatayud)
TITLE: Affordable Housing LINKED BILLS: None
SPONSOR(S): Redondo RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
 

SUMMARY
Effect of the Bill:
The bill amends the Live Local Act to:
• Require local governments to authorize multifamily and mixed-use residential as allowable uses, if at least
40% of the units are affordable for moderate-income persons for at least 30 years, or if at least 20% of the
units in a proposed multifamily development are affordable for low-income persons for at least 30 years, on
any parcel: with a future land use designation that allows for commercial, industrial or mixed uses; that is
located within ¼ mile of a transit stop; or that is located within ½ mile of a major transportation hub.
• Require local governments to eliminate all parking requirements for certain developments, rather than
requiring local governments to eliminate 15 percent of the parking requirements for such developments
upon request of an applicant.

The bill allows local governments to set a minimum residential unit threshold to qualify for the affordable housing
tax exemption for properties that exceed 15,000 square feet and have a minimum of 5 residential units, not to
exceed 50 residential units.

The bill provides that accessory dwelling units (ADUs) may qualify for the affordable housing tax exemption,
provided that certain other requirements are met, and creates an exemption for up to 100% of the assessed value
of a qualifying ADU that is used to provide affordable housing.

Fiscal or Economic Impact:
The bill has an indeterminate impact on local governments and the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Live Local Act
The bill amends the Live Local Act (Act).

The bill requires local governments 1 to authorize multifamily and mixed-use residential as allowable uses, if at
least 40 percent of the residential units in a multifamily development are rental units that have an affordability
period of 30 years or more for moderate-income persons, or if at least 20 percent of the units are rental units that
have an affordability period of 30 years or more for low-income persons, on:
• Any parcel with a future land use designation that allows for commercial, industrial, or mixed uses;

1 Local government means any county or municipality. See s. 163.3164(29), F.S.

STORAGE NAME: h1389.HAT
DATE: 2/9/2026
1
HB 1389
• On any parcel located within one-quarter mile of a transit stop, as defined in the local government’s land
development code; and
• On any parcel within one-half mile of a major transportation hub, as defined by the Act. (Section 1 for
counties; Section 2 for municipalities.)

The bill requires local governments to eliminate all parking requirements for certain development, replacing the
current requirement for local governments to eliminate 15 percent of the parking requirements for such
developments upon request of an applicant. (Section 1 for counties; Section 2 for municipalities.)

Affordable Housing Tax Exemption
The bill allows local governments to set a minimum residential unit threshold to qualify for the affordable housing
tax exemption for properties that exceed 15,000 square feet and have a minimum of 5 residential units, not to
exceed 50 residential units. (Section 1 for counties; Section 2 for municipalities.)

The bill has an effective date of July 1, 2026. (Section 4.)

FISCAL OR ECONOMIC IMPACT:

LOCAL GOVERNMENT:
The bill has an indeterminate impact on local governments that are subject to the bill’s requirements to authorize
the development of affordable housing.

PRIVATE SECTOR:
The bill has an indeterminate positive impact on the private sector to the extent that the bill facilitates, and results
in an increase in the availability of, affordable housing in the state.

RELEVANT INFORMATION
SUBJECT OVERVIEW:

Affordable Housing
Housing is considered affordable when monthly rents or monthly mortgage payments, including taxes, insurance,
and utilities, do not exceed 30 percent of a family’s gross income. 2 Over 2.4 million low-income Florida households
pay more than 30% of their incomes towards housing, which is the maximum amount considered affordable by
experts. 3 Over half of these households, or 1.3 million low-income households, spend more than 50% of their
income towards housing costs. 4 This makes it difficult for those households to save for retirement or emergencies
and afford other necessities such as food and childcare. 5

Eligibility to participate in Florida’s state and federally-funded housing programs is determined by area median
income (AMI) or statewide median family income, which is published annually by the United States Department of

2 S. 420.0004(3), F.S.
3 Florida Housing Coalition, 2025 Home Matters Report, p. 1. https://flhousing.org/wp-content/uploads/2025/09/Home-

Matters-Report-2025-V5-DIGITAL.pdf (last visited Feb. 9, 2026).
4 Id.
5 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 1389
Housing and Urban Development (HUD). 6 In Florida, the current statewide AMI for a family of four is $95,300 (as
family size changes, the income range also varies): 7
• Extremely-low-income – earning up to 30 percent of the AMI (at or below $28,600);8
• Very-low-income – earning from 30.01 to 50 percent of the AMI ($28,601 to $47,650); 9
• Low-income – earning from 50.01 to 80 percent of the AMI ($47,651 to $76,250); 10 and
• Moderate-income – earning from 80.01 to 120 percent of the AMI ($76,251 to $114,360). 11

As of 2025, Florida had only 24 affordable and available rental units for every 100 extremely-low-income renters. 12
In addition, there were little to no communities in Florida that could provide enough housing to support this group
of renters, which is primarily made up of low-income workers, retirees, and people with disabilities. 13

Land Use for Affordable Housing Development
All development, both public and private, and all development orders 14 approved by a local government must be
consistent with the local government’s comprehensive plan. 15 The Growth Management Act requires every county
and municipality to create and implement a comprehensive plan to guide future development. 16 A comprehensive
plan is intended to provide for the future use of land, which contemplates a gradual and ordered growth, and
establishes a long-range maximum limit on the possible intensity of land use.

A locality’s comprehensive plan lays out the locations for future public facilities, including roads, water and sewer
facilities, neighborhoods, parks, schools, and commercial and industrial developments. A comprehensive plan is
made up of 10 required elements, each laying out regulations for a different facet of development. 17

The future land use element designates proposed future general distribution, location, and extent of the uses of
land. Specified use designations include those for residential, commercial, industry, agriculture, recreation,
conservation, education, and public facilities. The approximate acreage and the general range of density or
intensity of use must be provided for each land use category. 18 The specific use and intensities for specific parcels
are decided by a more detailed, implementing zoning map. 19

6 See U.S. Dept. of Housing and Urban Development (HUD): Office of Policy Development and Research, Income Limits,

https://www.huduser.gov/portal/datasets/il.html#year2025 (last visited Feb. 9, 2026).
7 HUD: Office of Policy Development and Research, FY 2025 State Income Limits: Florida,

https://www.huduser.gov/portal/datasets/il/il2025/2025summary.odn?inputname=STTLT*1299999999%2BFlorida&select
ion_type=county&stname=Florida&statefp=12.0&year=2025 (last visited Feb. 9, 2026).
8 Id; see also s. 420.0004(9), F.S.
9 Supra note 7; see also s. 420.0004(17), F.S.
10 Supra note 7; see also s. 420.0004(11), F.S.
11 Supra note 7; see also s. 420.0004(12), F.S.
12 Supra note 3, at p. 2.
13 Id.
14 “Development order” means any order granting, denying, or granting with conditions an application for a development

permit. See s. 163.3164(15), F.S. “Development permit” includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land. See s. 163.3164(16), F.S.
15 S. 163.3194(3), F.S.
16 S. 163.3167(2), F.S.
17 S. 163.3177(6), F.S. The 10 required elements include capital improvements; future land use plan; transportation; general

sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge; conservation; recreation and
open space; housing; coastal management; intergovernmental coordination; and property rights. Throughout statutes exist
plans and programs that may be added as optional elements.
18 S. 163.3177(6)(a), F.S.
19 Richard Grosso, A Guide to Development Order "Consistency" Challenges Under Florida Statutes Section 163.3215, 34 J.

Envtl. L. & Litig. 129, 154 (2019) citing Brevard Cty. v. Snyder, 627 So. 2d 469, 475 (Fla. 1993).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 1389
The housing element sets forth guidelines and strategies for the creation and preservation of affordable housing
for all current and anticipated future residents of the jurisdiction, elimination of substandard housing conditions,
provision of adequate sites for future housing, and distribution of housing for a range of incomes and types. 20

A comprehensive plan is implemented through the adoption of land development regulations 21 that are consistent
with the plan and that contain specific and detailed provisions necessary to implement the plan. 22 Such regulations
must, among other requirements, regulate the subdivision of land and the use of land for the land use categories in
the land use element of the comprehensive plan. 23 Substantially affected persons have the right to maintain
administrative actions that ensure land development regulations are implemented and consistent with the
comprehensive plan. 24

Development that does not conform to the comprehensive plan may not be approved by a local government unless
the local government first amends its comprehensive plan. State law requires a proposed comprehensive plan
amendment to receive two public hearings, the first held by the local planning board and the second held by the
governing board. 25 Following the hearings, the local government must transmit the plan to several statutorily
identified agencies, including the Department of Commerce as the state land planning agency, for review. 26 Most
plan amendments are placed into the expedited state review process, while plan amendments relating to large-
scale developments are placed into the state coordinated review process. 27

Live Local Act
The Live Local Act (Act), which became law in 2023, preempts certain county and municipal zoning and land use
decisions to encourage development of affordable multifamily rental housing in targeted land use areas. 28
Specifically, counties and municipalities must allow a multifamily or mixed-use residential 29 rental development in
any area zoned for commercial, industrial, or mixed-use, and in portions of any flexibly zoned area such as a
planned unit development permitted for commercial, industrial, or mixed use, if at least 40 percent of the
residential units in the development are rental units that, for a period of at least 30 years, meet certain affordability
requirements. 30

Local governments are prohibited from restricting the density 31 of a proposed development below the highest
density currently allowed (or the highest allowed on July 1, 2023) on land within its jurisdiction where residential
development is allowed 32 and may not restrict the floor area ratio 33 of a proposed development below 150 percent

20 S. 163.3177(6)(f), F.S.
21 “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of

development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or
any other regulations controlling the development of land…. See s. 163.3164(26), F.S.
22 S. 163.3202, F.S.
23 Id.
24 S. 163.3213, F.S.
25 Ss. 163.3174(4)(a) and 163.3184, F.S.
26 S. 163.3184, F.S.
27 See ss. 163.3184 and 380.06, F.S. In the Expedited State Review Process, the Department of Commerce reviews and approves

or amends the proposed comprehensive plan amendment. This process can take 4 to 6 months. The State Coordinated Review
Process is a more thorough, complex, multi-phase process. For more information, see https://floridajobs.org/community-
planning-and-development/programs/community-planning-table-of-contents/amendments-that-must-follow-the-state-
coordinated-review-process-procedures-and-timeframes (last visited Feb. 9, 2026).
28 Ch. 2023-17, ss. 3, 5, Laws of Fla., codified as ss. 125.01055(7) and 166.04151(7), F.S.
29 For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes;

local governments may not require that more than 10 percent of the total square footage be used for nonresidential purposes.
Ss. 125.01055(7)(a) and 166.04151(7)(a), F.S.
30 Ss. 125.01055(7)(a) and 166.04151(7)(a), F.S.
31 “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as

residents or employees per acre. See s. 163.3164(12), F.S.
32 Ss. 125.01055(7)(b) and 166.04151(7)(b), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 1389
of the highest floor area ratio currently allowed (or the highest allowed on July 1, 2023) on land within its
jurisdiction where residential development is allowed. 34

Local governments are also prohibited from restricting the height of a proposed development below the highest
height currently allowed (or the highest allowed on July 1, 2023) for a commercial or residential building located in
its jurisdiction within one mile of the proposed development or three stories, whichever is higher. 35 However, a
local government may restrict the height of a proposed development if:
• The proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential
in a single-family residential development with at least 25 contiguous single-family homes, in which case
the local government may restrict the height of the proposed development to 150 percent of the tallest
building on any property adjacent to the proposed development, the highest height currently allowed (or
the highest allowed on July 1, 2023) for the property provided in the local government’s land development
regulations, or three stories, whichever is higher, but not to exceed 10 stories; 36 or
• The proposed development is on a parcel with a contributing structure or building within a historic district
listed in the National Register of Historic Places 37 (Register) before January 1, 2000, or is on a parcel with a
structure or building individually listed in the Register, in which case a local government may restrict the
height of the proposed development to the highest height currently allowed (or the highest allowed on July
1, 2023) for a commercial or residential building within three-fourths of a mile of the proposed
development or 3 stories, whichever is higher. 38

An application for a development authorized by the Act must be administratively approved without further action
by the governing body of the local government or any quasi-judicial or administrative board or reviewing body,
provided the development satisfies the local government’s land development regulations for multifamily
developments in areas zoned for such use and is otherwise consistent with the jurisdiction’s comprehensive plan,
with the exception of provisions establishing density, floor area ratios, height, and land use requirements. 39

Under the Act, local governments are required, upon request of an applicant, to reduce parking requirements for a
proposed development by 15 percent if the development:
• Is located within one-quarter mile of a transit stop, as defined in the local government’s land development
code, and the transit stop is accessible from the development;
• Is located within one-half mile of a major transportation hub40 that is accessible from the proposed
development by safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike
paths, or other multimodal design features; or

33 For purposes of these provisions, “floor area ratio” includes floor lot ratio and lot coverage. Ss. 125.01055(7)(c) and

166.04151(7)(c), F.S.
34 Ss. 125.01055(7)(c) and 166.04151(7)(c), F.S.
35 Ss. 125.01055(7)(d)1. and 166.04151(7)(d)1., F.S.
36 Ss. 125.01055(7)(d)2. and 166.04151(7)(d)2., F.S.
37 The National Register of Historic Places (Register) is the official list of the nation’s historic places worthy of preservation.

Authorized by the National Historic Preservation Act of 1966, the Register is maintained by the National Park Service (NPS) as
a part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America’s
historic and archeological resources. As of May 13, 2025, over 100,000 places have been listed in the Register for their
significance in American history, art, architecture, engineering, and culture. See NPS, What is the National Register of Historic
Places? https://www.nps.gov/subjects/nationalregister/index.htm (last visited Feb. 9, 2026); see also, NPS, National Register
of Historic Places: Program Updates May 13, 2025, https://www.nps.gov/subjects/nationalregister/program-updates.htm (last
visited Feb. 9, 2026).
38 Ss. 125.01055(7)(d)3. and 166.04151(7)(d)3.
39 However, if a proposed development is on a parcel with a contributing structure or building within a historic district which

was listed in the Register before January 1, 2000, or is on a parcel with a structure or building individually listed in the
Register, the local government may administratively require the proposed development to comply with local regulations
relating to architectural design, such as façade replication, provided it does not affect height, floor area ratio, or density of the
proposed development. Ss. 125.01055(7)(e) and 166.04151(7)(e), F.S.
40 For purposes of these provisions, “major transportation hub” means any transit station, whether bus, train, or light rail,

which is served by public transit with a mix of other transportation options. Ss. 125.01055(7)(f)3. and 166.04151(7)(f)3., F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
HB 1389
• Has available parking within 600 feet of the proposed development, which may consist of options such as
on-street parking, parking lots, or parking garages available for use by residents of the proposed
development. 41

The provisions of the Act described above do not apply to airport-impacted areas, 42 recreational and commercial
waterfronts in industrial areas, 43 the Wekiva Study Area, 44 or the Everglades Protection Area. 45, 46

These provisions of the Act are effective until October 1, 2033. 47

Ad Valorem Tax Exemption for Affordable Housing
The ad valorem tax or “property tax” is an annual tax levied by counties, municipalities, school districts, and some
special districts. The tax is based on the taxable value of property as of January 1 of each year. 48 The property
appraiser annually determines the “just value” 49 of property within the taxing jurisdiction and then applies
relevant exclusions, assessment limitations, and exemptions to determine the property’s “taxable value.” 50 Tax bills
are mailed in November of each year based on the previous January 1 valuation, and payment is due by March 31
of the following year.

The Florida Constitution prohibits the state from levying ad valorem taxes, 51 and it limits the Legislature’s
authority to provide for property valuations at less than just value, unless expressly authorized. 52

Ad Valorem Tax Exemption for Newly Constructed Affordable Housing
The Act established a new ad valorem tax exemption for owners of newly constructed multifamily rental
developments who use a portion of the development to provide affordable housing. 53 Eligible property includes
units in a newly constructed multifamily development containing more than 70 units dedicated to housing natural
persons or families below certain income thresholds. 54 However, units subject to an agreement with the Florida
Housing Finance Corporation (Corporation) are not eligible for the exemption. 55

“Newly constructed” is defined as an improvement substantially completed within five years before the property
owner’s first application for a certification notice. 56 The units must be occupied by such individuals or families and

41 A local government, however, may not require that the available parking compensate for the reduction in parking

requirements. Ss. 125.01055(7)(f)1. and 166.04151(7)(f)1., F.S.
42 See s. 333.03, F.S.
43 See s. 342.201(2)(b), F.S.
44 See s. 369.316, F.S.
45 See s. 373.4592(2), F.S.
46 Ss. 125.01055(7)(o) and 166.04151(7)(o), F.S.
47 Ss. 125.01055(7)(p) and 166.04151(7)(p), F.S.
48 Both real property and tangible personal property are subject to tax. S. 192.001(12), F.S., defines “real property” as land,

buildings, fixtures, and all other improvements to land. S. 192.001(11)(d), F.S., defines “tangible personal property” as all
goods, chattels, and other articles of value capable of manual possession and whose chief value is intrinsic to the article itself.
49 Property must be valued at “just value” for purposes of property taxation, unless the Florida Constitution provides

otherwise. FLA. CONST. art VII, s. 4. Just value has been interpreted by the courts to mean the fair market value that a willing
buyer would pay a willing seller for the property in an arm’s-length transaction. See Walter v. Shuler, 176 So. 2d 81 (Fla. 1965);
Deltona Corp. v. Bailey, 336 So. 2d 1163 (Fla. 1976); Southern Bell Tel. & Tel. Co. v. Dade Cnty., 275 So. 2d 4 (Fla. 1973).
50 See s. 192.001(2) and (16), F.S.
51 FLA. CONST. art. VII, s. 1(a).
52 See FLA. CONST. art. VII, s. 4.
53 Ch. 2023-17, s. 8, Laws of Fla., codified as s. 196.1978(3), F.S.
54 S. 196.1978(3)(b), F.S.
55 S. 196.1978(3)(j), F.S.
56 S. 196.1978(3)(a)2., F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
HB 1389
rent limited so as to provide affordable housing at either the 80 or 120 percent AMI threshold. 57 Rent for such units
may not exceed 90 percent of the fair market value of rent as determined by a rental market study. 58

Qualified property used to provide affordable housing at the 80 to 120 percent AMI threshold receives an
exemption of 75 percent of the assessed value of the affordable units, while such property providing affordable
housing up to the 80 percent AMI threshold receives a complete ad valorem tax exemption for the affordable
units. 59 When determining the value of a unit for purposes of applying an exemption, the property appraiser must
include in such valuation the proportionate share of the residential common areas, including the land, fairly
attributable to the unit. 60

To receive this exemption, a property owner must apply by March 1 to the property appraiser, accompanied by a
certification notice from the Corporation. 61 To receive the Corporation’s certification, a property owner must
submit a request on a form including the most recent market study, which must have been conducted by an
independent certified general appraiser in the preceding three years, a list of units for which the exemption is
sought, the rent amount received for each unit, and a sworn statement restricting the property for a period of not
less than three years to provide affordable housing. 62

The certification process is administered within the Corporation. The Corporation is responsible for publishing the
deadline for submission, reviewing each request, sending certification notices to both the successful property
owner and the appropriate property appraiser, and notifying unsuccessful property owners and providing reasons
for the denial. 63

This exemption first applied to the 2024 tax roll and will expire on December 31, 2059.

Accessory Dwelling Units
An accessory dwelling unit (ADU) is an ancillary or secondary living unit that has a separate kitchen, bathroom,
and sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit. 64
ADUs can go by many different names such as “carriage house,” “mother-in-law suite,” or “coach house,” and are
quite common throughout the United States. 65

ADUs offer benefits to both individual homeowners and the wider communities where they exist. 66 For individuals,
ADUs:
• Allow families to provide care to aging or disabled relatives, while still providing those relatives some
independence.
• Provide young adults an affordable housing option.
• May be a source of rental income to the homeowner. 67

For the wider community, ADUs:
• Are a more affordable housing alternative compared to a single-family residence or apartment unit with
costly neighborhood and amenity fees.
• Create diverse neighborhoods with a variety of residents of different ages and backgrounds. 68

57 S. 196.1978(3)(b)1., F.S.
58 S. 196.1978(3)(b)3., F.S.
59 S. 196.1978(3)(d)1., F.S.
60 S. 196.1978(3)(d)2., F.S.
61 S. 196.1978(3)(e), F.S.
62 S. 196.1978(3)(f), F.S.
63 S. 196.1978(3)(g), F.S.
64 S. 163.31771(2)(a), F.S.
65 City of Tallahassee: Growth Management Department, Zoning Spotlight: Accessory Dwelling Units, March 2024, p. 1.

https://www.talgov.com/uploads/public/documents/growth/zoning_spot_231010.pdf (last visited Feb. 9, 2026).
66 Id.
67 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
HB 1389

Under current law, a local government in Florida is authorized – but not required – to adopt an ordinance that
allows ADUs in any area zoned for single-family residential use. 69 An application for a permit to construct an ADU
must be accompanied by an affidavit from the applicant in which the applicant attests that the unit will be rented at
an affordable rate to extremely-low-income, very-low-income, low-income, or moderate-income persons. 70

RECENT LEGISLATION:

YEAR BILL #/SUBJECT HOUSE/SENATE SPONSOR(S) OTHER INFORMATION

2023 CS/CS/HB 627 - Housing Busatta, Lopez, V./ Calatayud Created the Live Local Act.
Approved by the Governor.
2024 CS/CS/HB 1239 - Affordable Housing Lopez, V./ Calatayud Amended the Live Local Act.
Approved by the Governor.
2025 CS/CS/CS/HB 943 - Real Property Lopez, V./ Calatayud Amended the Live Local Act.
and Land Use and Development Approved by the Governor.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee

68 Id.
69 S. 163.31771(3), F.S.
70 S. 163.31771(4), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1389 2026

1 A bill to be entitled
2 An act relating to affordable housing; amending ss.
3 125.01055 and 166.04151, F.S.; requiring counties and
4 municipalities, respectively, to authorize multifamily
5 and mixed-use residential uses as allowable uses for
6 specified parcels of land if certain conditions are
7 met; providing definitions; requiring counties and
8 municipalities, respectively, to eliminate parking
9 requirements for a proposed development under certain
10 circumstances; amending s. 196.1979, F.S.; authorizing
11 the board of county commissioners or the governing
12 body of a municipality to exempt specified portions of
13 property within multifamily projects and accessory
14 dwelling units that are used to provide affordable
15 housing; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraphs (a) and (f) of subsection (7) of
20 section 125.01055, Florida Statutes, are amended to read:
21 125.01055 Affordable housing.—
22 (7)(a) A county must authorize multifamily and mixed-use
23 residential as allowable uses in any area zoned for commercial,
24 industrial, or mixed use; on any parcel with a future land use
25 designation that allows for commercial, industrial, or mixed

Page 1 of 9

CODING: Words stricken are deletions; words underlined are additions.
hb1389-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1389 2026

26 uses; on any parcel located within one-quarter mile of a transit
27 stop, as defined in the county's land development code; on any
28 parcel within one-half mile of a major transportation hub, as
29 defined in subparagraph (f)3.;, and in portions of any flexibly
30 zoned area such as a planned unit development permitted for
31 commercial, industrial, or mixed use, if at least 40 percent of
32 the residential units in a proposed multifamily development are
33 rental units that, for a period of at least 30 years, are
34 affordable for moderate-income persons or if at least 20 percent
35 of the residential units in a proposed multifamily development
36 are rental units that, for a period of at least 30 years, are
37 affordable for low-income persons. As used in this paragraph,
38 the terms "affordable," "moderate-income persons," and "low-
39 income persons" have the same meaning as defined in s. 420.0004.
40 Notwithstanding any other law, local ordinance, or regulation to
41 the contrary, a county may not require a proposed multifamily
42 development to obtain a zoning or land use change, special
43 exception, conditional use approval, variance, transfer of
44 density or development units, amendment to a development of
45 regional impact, or comprehensive plan amendment for the
46 building height, zoning, and densities authorized under this
47 subsection. For mixed-use residential projects, at least 65
48 percent of the total square footage must be used for residential
49 purposes. The county may not require that more than 10 percent
50 of the total square footage of such mixed-use residential

Page 2 of 9

CODING: Words stricken are deletions; words underlined are additions.
hb1389-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1389 2026

51 projects be used for nonresidential purposes.
52 (f)1. A county must eliminate, upon request of an
53 applicant, reduce parking requirements by 15 percent for a
54 proposed development authorized under this subsection if the
55 development:
56 a. Is located within one-quarter mile of a transit stop,
57 as defined in the county's land development code, and the
58 transit stop is accessible from the development;
59 b. Is located within one-half mile of a major
60 transportation hub that is accessible from the proposed
61 development by safe, pedestrian-friendly means, such as
62 sidewalks, crosswalks, elevated pedestrian or bike paths, or
63 other multimodal design features; or
64 c. Has available parking within 600 feet of the proposed
65 development which may consist of options such as on-street
66 parking, parking lots, or parking garages available for use by
67 residents of the proposed development. However, a county may not
68 require that the available parking compensate for the reduction
69 in parking requirements.
70 2. A county must eliminate parking requirements for a
71 proposed mixed-use residential development authorized under this
72 subsection within an area recognized by the county as a transit-
73 oriented development or area, as provided in paragraph (h).
74 3. For purposes of this paragraph, the term "major
75 transportation hub" means any transit station, whether bus,

Page 3 of 9

CODING: Words stricken are deletions; words underlined are additions.
hb1389-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1389 2026

76 train, or light rail, which is served by public transit with a
77 mix of other transportation options.
78 Section 2. Paragraphs (a) and (f) of subsection (7) of
79 section 166.04151, Florida Statutes, are amended to read:
80 166.04151 Affordable housing.—
81 (7)(a) A municipality must authorize multifamily and
82 mixed-use residential as allowable uses in any area zoned for
83 commercial, industrial, or mixed use; on any parcel with a
84 future land use designation that allows for commercial,
85 industrial, or mixed uses; on any parcel located within one-
86 quarter mile of a transit stop, as defined in the county's land
87 development code; on any parcel within one-half mile of a major
88 transportation hub, as defined in subparagraph (f)3.;, and in
89 portions of any flexibly zoned area such as a planned unit
90 development permitted for commercial, industrial, or mixed use,
91 if at least 40 percent of the residential units in a proposed
92 multifamily development are rental units that, for a period of
93 at least 30 years, are affordable for moderate-income persons or
94 if at least 20 percent of the residential units in a proposed
95 multifamily development are rental units that, for a period of
96 at least 30 years, are affordable for low-income persons. As
97 used in this paragraph, the terms "affordable," "moderate-income
98 persons," and "low-income persons" have the same meanings as
99 defined in s. 420.0004. Notwithstanding any other law, local
100 ordinance, or regulation to the contrary, a municipality may not

Page 4 of 9

CODING: Words stricken are deletions; words underlined are additions.
hb1389-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1389 2026

101 require a proposed multifamily development to obtain a zoning or
102 land use change, special exception, conditional use approval,
103 variance, transfer of density or development units, amendment to
104 a development of regional impact, amendment to a municipal
105 charter, or comprehensive plan amendment for the building
106 height, zoning, and densities authorized under this subsection.
107 For mixed-use residential projects, at least 65 percent of the
108 total square footage must be used for residential purposes. The
109 municipality may not require that more than 10 percent of the
110 total square footage of such mixed-use residential projects be
111 used for nonresidential purposes.
112 (f)1. A municipality must eliminate, upon request of an
113 applicant, reduce parking requirements for a proposed
114 development authorized under this subsection by 15 percent if
115 the development:
116 a. Is located within one-quarter mile of a transit stop,
117 as defined in the municipality's land development code, and the
118 transit stop is accessible from the development;
119 b. Is located within one-half mile of a major
120 transportation hub that is accessible from the proposed
121 development by safe, pedestrian-friendly means, such as
122 sidewalks, crosswalks, elevated pedestrian or bike paths, or
123 other multimodal design features; or
124 c. Has available parking within 600 feet of the proposed
125 development which may consist of options such as on-street

Page 5 of 9

CODING: Words stricken are deletions; words underlined are additions.
hb1389-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1389 2026

126 parking, parking lots, or parking garages available for use by
127 residents of the proposed development. However, a municipality
128 may not require that the available parking compensate for the
129 reduction in parking requirements.
130 2. A municipality must eliminate parking requirements for
131 a proposed mixed-use residential development authorized under
132 this subsection within an area recognized by the municipality as
133 a transit-oriented development or area, as provided in paragraph
134 (h).
135 3. For purposes of this paragraph, the term "major
136 transportation hub" means any transit station, whether bus,
137 train, or light rail, which is served by public transit with a
138 mix of other transportation options.
139 Section 3. Paragraphs (a) and (b) of subsection (1) of
140 section 196.1979, Florida Statutes, are amended to read:
141 196.1979 County and municipal affordable housing property
142 exemption.—
143 (1)(a) Notwithstanding ss. 196.195 and 196.196, the board
144 of county commissioners of a county or the governing body of a
145 municipality may adopt an ordinance to exempt those portions of
146 property used to provide affordable housing meeting the
147 requirements of this section. Such property is considered
148 property used for a charitable purpose. To be eligible for the
149 exemption, the portions of property:
150 1. Must be used to house natural persons or families whose

Page 6 of 9

CODING: Words stricken are deletions; words underlined are additions.
hb1389-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1389 2026

151 annual household income:
152 a. Is greater than 30 percent but not more than 60 percent
153 of the median annual adjusted gross income for households within
154 the metropolitan statistical area or, if not within a
155 metropolitan statistical area, within the county in which the
156 person or family resides; or
157 b. Does not exceed 30 percent of the median annual
158 adjusted gross income for households within the metropolitan
159 statistical area or, if not within a metropolitan statistical
160 area, within the county in which the person or family resides.;
161 2.a. Must be within a multifamily project containing at
162 least the minimum number of residential units as defined by the
163 county or municipality that adopts an ordinance under this
164 section. A county or municipality that adopts an ordinance under
165 this section may set a minimum residential unit threshold that
166 deems a property eligible for the exemption for properties that
167 exceed 15,000 square feet and have a minimum of 5 residential
168 units, but does not exceed 50 or more residential units; or
169 b. Must be an accessory dwelling unit as defined in s.
170 163.31771(2)(a). , at least 20 percent of which are used to
171 provide affordable housing that meets the requirements of this
172 section;
173 3. Must be rented for an amount no greater than the amount
174 as specified by the most recent multifamily rental programs
175 income and rent limit chart posted by the corporation and

Page 7 of 9

CODING: Words stricken are deletions; words underlined are additions.
hb1389-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1389 2026

176 derived from the Multifamily Tax Subsidy Projects Income Limits
177 published by the United States Department of Housing and Urban
178 Development or 90 percent of the fair market value rent as
179 determined by a rental market study meeting the requirements of
180 subsection (4), whichever is less.;
181 4. May not have been cited for code violations on three or
182 more occasions in the 24 months before the submission of a tax
183 exemption application.;
184 5. May not have any cited code violations that have not
185 been properly remedied by the property owner before the
186 submission of a tax exemption application.; and
187 6. May not have any unpaid fines or charges relating to
188 the cited code violations. Payment of unpaid fines or charges
189 before a final determination on a property's qualification for
190 an exemption under this section will not exclude such property
191 from eligibility if the property otherwise complies with all
192 other requirements for the exemption.
193 (b) Qualified property may receive an ad valorem property
194 tax exemption of:
195 1. Up to 75 percent of the assessed value of each
196 residential unit used to provide affordable housing if fewer
197 than 100 percent of the multifamily project's residential units
198 are used to provide affordable housing meeting the requirements
199 of this section.
200 2. Up to 100 percent of the assessed value of each

Page 8 of 9

CODING: Words stricken are deletions; words underlined are additions.
hb1389-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1389 2026

201 residential unit used to provide affordable housing if 100
202 percent of the multifamily project's residential units are used
203 to provide affordable housing meeting the requirements of this
204 section.
205 3. Up to 100 percent of the assessed value of the
206 accessory dwelling unit if the unit is used to provide
207 affordable housing meeting the requirements of this section.
208 Section 4. This act shall take effect July 1, 2026.

Page 9 of 9

CODING: Words stricken are deletions; words underlined are additions.
hb1389-00
HOUSING, AGRICULTURE & TOURISM SUBCOMMITTEE

HB 1389 by Rep. Redondo
Affordable Housing

AMENDMENT SUMMARY
February 11, 2026

Amendment #208403 by Rep. Redondo (Strike-all):
• Authorizes multifamily and mixed-use residential as allowable uses on property owned
by a county, municipality, or school district, if the property is located within the
geographic boundaries of the respective county, municipality, or district, and requires the
county, municipality, or school district, as applicable, to be a party to the application for
the proposed development.
• Prohibits local governments from restricting the height of a proposed development
through the use of setbacks or stepbacks, and prohibits local governments from
requiring setbacks or stepbacks for a proposed development that are more restrictive
than the minimum setbacks or stepbacks of the underlying zoning applicable to the
proposed development.
• Specifies that farms and farm operations are not considered “commercial uses” or
“industrial uses” for purposes of the Live Local Act (Act).
• Authorizes developments near airports (which are otherwise exempt from the Act) if the
application for a proposed development is approved by the governing body of the airport.
• Waives sovereign immunity for the state and any governmental entity if prohibited
discrimination in a land use decision or the permitting of a development occurs, and
clarifies that discrimination based on the source of financing for an affordable housing
development is prohibited.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Redondo offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraphs (a), (d), and (n) of subsection (7)
8 of section 125.01055, Florida Statutes, are amended to read:
9 125.01055 Affordable housing.—
10 (7)(a) A county must authorize multifamily and mixed-use
11 residential as allowable uses in any area zoned for commercial,
12 industrial, or mixed use, and in portions of any flexibly zoned
13 area such as a planned unit development permitted for
14 commercial, industrial, or mixed use, and on property owned by a
15 county, municipality, or school district, if at least 40 percent
16 of the residential units in a proposed multifamily development
208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 1 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

17 are rental units that, for a period of at least 30 years, are
18 affordable as defined in s. 420.0004. Notwithstanding any other
19 law, local ordinance, or regulation to the contrary, a county
20 may not require a proposed multifamily development to obtain a
21 zoning or land use change, special exception, conditional use
22 approval, variance, transfer of density or development units,
23 amendment to a development of regional impact, or comprehensive
24 plan amendment for the building height, zoning, and densities
25 authorized under this subsection. For mixed-use residential
26 projects, at least 65 percent of the total square footage must
27 be used for residential purposes. The county may not require
28 that more than 10 percent of the total square footage of such
29 mixed-use residential projects be used for nonresidential
30 purposes. A proposed development on property owned by a county,
31 municipality, or school district must be within the geographic
32 boundaries of the respective county, municipality, or school
33 district, and the respective county, municipality, or school
34 district must be a party to the application for the proposed
35 development.
36 (d)1. A county may not restrict the height of a proposed
37 development authorized under this subsection below the highest
38 currently allowed, or allowed on July 1, 2023, height for a
39 commercial or residential building located in its jurisdiction
40 within 1 mile of the proposed development or three stories,
41 whichever is higher. A county may not restrict height below the
208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 2 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

42 height authorized under this paragraph through other dimensional
43 means, such as height determined by setbacks or stepbacks, or
44 vice versa, or require setbacks or stepbacks that are more
45 restrictive than the minimum setbacks or stepbacks of the
46 underlying zoning applicable to the proposed development. For
47 purposes of this paragraph, the term "highest currently allowed
48 height" does not include the height of any building that met the
49 requirements of this subsection or the height of any building
50 that has received any bonus, variance, or other special
51 exception for height provided in the county's land development
52 regulations as an incentive for development.
53 2. If the proposed development is adjacent to, on two or
54 more sides, a parcel zoned for single-family residential use
55 which is within a single-family residential development with at
56 least 25 contiguous single-family homes, the county may restrict
57 the height of the proposed development to 150 percent of the
58 tallest building on any property adjacent to the proposed
59 development, the highest currently allowed, or allowed on July
60 1, 2023, height for the property provided in the county's land
61 development regulations, or three stories, whichever is higher,
62 not to exceed 10 stories. For the purposes of this paragraph,
63 the term "adjacent to" means those properties sharing more than
64 one point of a property line, but does not include properties
65 separated by a public road.

208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 3 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

66 3. If the proposed development is on a parcel with a
67 contributing structure or building within a historic district
68 which was listed in the National Register of Historic Places
69 before January 1, 2000, or is on a parcel with a structure or
70 building individually listed in the National Register of
71 Historic Places, the county may restrict the height of the
72 proposed development to the highest currently allowed, or
73 allowed on July 1, 2023, height for a commercial or residential
74 building located in its jurisdiction within three-fourths of a
75 mile of the proposed development or three stories, whichever is
76 higher. The term "highest currently allowed" in this paragraph
77 includes the maximum height allowed for any building in a zoning
78 district irrespective of any conditions.
79 (n) As used in this subsection, the term:
80 1. "Commercial use" means activities associated with the
81 sale, rental, or distribution of products or the performance of
82 services related thereto. The term includes, but is not limited
83 to, such uses or activities as retail sales; wholesale sales;
84 rentals of equipment, goods, or products; offices; restaurants;
85 public lodging establishments as described in s. 509.242(1)(a);
86 food service vendors; sports arenas; theaters; tourist
87 attractions; and other for-profit business activities. A parcel
88 zoned to permit such uses by right without the requirement to
89 obtain a variance or waiver is considered commercial use for the
90 purposes of this section, irrespective of the local land
208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 4 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

91 development regulation's listed category or title. The term does
92 not include home-based businesses or cottage food operations
93 undertaken on residential property, public lodging
94 establishments as described in s. 509.242(1)(c), or uses that
95 are accessory, ancillary, incidental to the allowable uses, or
96 allowed only on a temporary basis. Recreational uses, such as
97 golf courses, tennis courts, swimming pools, and clubhouses,
98 within an area designated for residential use are not commercial
99 use, irrespective of how they are operated. Farms and farm
100 operations as those terms are defined in s. 823.14(3) and uses
101 associated therewith, including the packaging and sale of
102 products raised on the premises, are not commercial use.
103 2. "Industrial use" means activities associated with the
104 manufacture, assembly, processing, or storage of products or the
105 performance of services related thereto. The term includes, but
106 is not limited to, such uses or activities as automobile
107 manufacturing or repair, boat manufacturing or repair, junk
108 yards, meat packing facilities, citrus processing and packing
109 facilities, produce processing and packing facilities,
110 electrical generating plants, water treatment plants, sewage
111 treatment plants, and solid waste disposal sites. A parcel zoned
112 to permit such uses by right without the requirement to obtain a
113 variance or waiver is considered industrial use for the purposes
114 of this section, irrespective of the local land development
115 regulation's listed category or title. The term does not include
208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 5 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

116 uses that are accessory, ancillary, incidental to the allowable
117 uses, or allowed only on a temporary basis. Recreational uses,
118 such as golf courses, tennis courts, swimming pools, and
119 clubhouses, within an area designated for residential use are
120 not industrial use, irrespective of how they are operated. Farms
121 and farm operations as those terms are defined in s. 823.14(3)
122 and uses associated therewith, including the packaging and sale
123 of products raised on the premises, are not industrial use.
124 3. "Mixed use" means any use that combines multiple types
125 of approved land uses from at least two of the residential use,
126 commercial use, and industrial use categories. The term does not
127 include uses that are accessory, ancillary, incidental to the
128 allowable uses, or allowed only on a temporary basis.
129 Recreational uses, such as golf courses, tennis courts, swimming
130 pools, and clubhouses, within an area designated for residential
131 use are not mixed use, irrespective of how they are operated.
132 4. "Planned unit development" has the same meaning as
133 provided in s. 163.3202(5)(b).
134 Section 2. Paragraphs (a), (d), and (n) of subsection (7)
135 of section 166.04151, Florida Statutes, are amended to read:
136 166.04151 Affordable housing.—
137 (7)(a) A municipality must authorize multifamily and
138 mixed-use residential as allowable uses in any area zoned for
139 commercial, industrial, or mixed use, and in portions of any
140 flexibly zoned area such as a planned unit development permitted
208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 6 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

141 for commercial, industrial, or mixed use, and on property owned
142 by a county, municipality, or school district, if at least 40
143 percent of the residential units in a proposed multifamily
144 development are rental units that, for a period of at least 30
145 years, are affordable as defined in s. 420.0004. Notwithstanding
146 any other law, local ordinance, or regulation to the contrary, a
147 municipality may not require a proposed multifamily development
148 to obtain a zoning or land use change, special exception,
149 conditional use approval, variance, transfer of density or
150 development units, amendment to a development of regional
151 impact, amendment to a municipal charter, or comprehensive plan
152 amendment for the building height, zoning, and densities
153 authorized under this subsection. For mixed-use residential
154 projects, at least 65 percent of the total square footage must
155 be used for residential purposes. The municipality may not
156 require that more than 10 percent of the total square footage of
157 such mixed-use residential projects be used for nonresidential
158 purposes. A proposed development on property owned by a county,
159 municipality, or school district must be within the geographic
160 boundaries of the respective county, municipality, or school
161 district, and the respective county, municipality, or school
162 district must be a party to the application for the proposed
163 development.
164 (d)1. A municipality may not restrict the height of a
165 proposed development authorized under this subsection below the
208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 7 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

166 highest currently allowed, or allowed on July 1, 2023, height
167 for a commercial or residential building located in its
168 jurisdiction within 1 mile of the proposed development or three
169 stories, whichever is higher. A municipality may not restrict
170 height below the height authorized under this paragraph through
171 other dimensional means, such as height determined by setbacks
172 or stepbacks, or vice versa, or require setbacks or stepbacks
173 that are more restrictive than the minimum setbacks or stepbacks
174 of the underlying zoning applicable to the proposed development.
175 For purposes of this paragraph, the term "highest currently
176 allowed height" does not include the height of any building that
177 met the requirements of this subsection or the height of any
178 building that has received any bonus, variance, or other special
179 exception for height provided in the municipality's land
180 development regulations as an incentive for development.
181 2. If the proposed development is adjacent to, on two or
182 more sides, a parcel zoned for single-family residential use
183 that is within a single-family residential development with at
184 least 25 contiguous single-family homes, the municipality may
185 restrict the height of the proposed development to 150 percent
186 of the tallest building on any property adjacent to the proposed
187 development, the highest currently allowed, or allowed on July
188 1, 2023, height for the property provided in the municipality's
189 land development regulations, or three stories, whichever is
190 higher, not to exceed 10 stories. For the purposes of this
208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 8 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

191 paragraph, the term "adjacent to" means those properties sharing
192 more than one point of a property line, but does not include
193 properties separated by a public road or body of water,
194 including manmade lakes or ponds. For a proposed development
195 located within a municipality within an area of critical state
196 concern as designated by s. 380.0552 or chapter 28-36, Florida
197 Administrative Code, the term "story" includes only the
198 habitable space above the base flood elevation as designated by
199 the Federal Emergency Management Agency in the most current
200 Flood Insurance Rate Map. A story may not exceed 10 feet in
201 height measured from finished floor to finished floor, including
202 space for mechanical equipment. The highest story may not exceed
203 10 feet from finished floor to the top plate.
204 3. If the proposed development is on a parcel with a
205 contributing structure or building within a historic district
206 which was listed in the National Register of Historic Places
207 before January 1, 2000, or is on a parcel with a structure or
208 building individually listed in the National Register of
209 Historic Places, the municipality may restrict the height of the
210 proposed development to the highest currently allowed, or
211 allowed on July 1, 2023, height for a commercial or residential
212 building located in its jurisdiction within three-fourths of a
213 mile of the proposed development or three stories, whichever is
214 higher. The term "highest currently allowed" in this paragraph

208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 9 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

215 includes the maximum height allowed for any building in a zoning
216 district irrespective of any conditions.
217 (n) As used in this subsection, the term:
218 1. "Commercial use" means activities associated with the
219 sale, rental, or distribution of products or the performance of
220 services related thereto. The term includes, but is not limited
221 to, such uses or activities as retail sales; wholesale sales;
222 rentals of equipment, goods, or products; offices; restaurants;
223 public lodging establishments as described in s. 509.242(1)(a);
224 food service vendors; sports arenas; theaters; tourist
225 attractions; and other for-profit business activities. A parcel
226 zoned to permit such uses by right without the requirement to
227 obtain a variance or waiver is considered commercial use for the
228 purposes of this section, irrespective of the local land
229 development regulation's listed category or title. The term does
230 not include home-based businesses or cottage food operations
231 undertaken on residential property, public lodging
232 establishments as described in s. 509.242(1)(c), or uses that
233 are accessory, ancillary, incidental to the allowable uses, or
234 allowed only on a temporary basis. Recreational uses, such as
235 golf courses, tennis courts, swimming pools, and clubhouses,
236 within an area designated for residential use are not commercial
237 use, irrespective of how they are operated. Farms and farm
238 operations as those terms are defined in s. 823.14(3) and uses

208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 10 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

239 associated therewith, including the packaging and sale of
240 products raised on the premises, are not commercial use.
241 2. "Industrial use" means activities associated with the
242 manufacture, assembly, processing, or storage of products or the
243 performance of services related thereto. The term includes, but
244 is not limited to, such uses or activities as automobile
245 manufacturing or repair, boat manufacturing or repair, junk
246 yards, meat packing facilities, citrus processing and packing
247 facilities, produce processing and packing facilities,
248 electrical generating plants, water treatment plants, sewage
249 treatment plants, and solid waste disposal sites. A parcel zoned
250 to permit such uses by right without the requirement to obtain a
251 variance or waiver is considered industrial use for the purposes
252 of this section, irrespective of the local land development
253 regulation's listed category or title. The term does not include
254 uses that are accessory, ancillary, incidental to the allowable
255 uses, or allowed only on a temporary basis. Recreational uses,
256 such as golf courses, tennis courts, swimming pools, and
257 clubhouses, within an area designated for residential use are
258 not industrial use, irrespective of how they are operated. Farms
259 and farm operations as those terms are defined in s. 823.14(3)
260 and uses associated therewith, including the packaging and sale
261 of products raised on the premises, are not industrial use.
262 3. "Mixed use" means any use that combines multiple types
263 of approved land uses from at least two of the residential use,
208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 11 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

264 commercial use, and industrial use categories. The term does not
265 include uses that are accessory, ancillary, incidental to the
266 allowable uses, or allowed only on a temporary basis.
267 Recreational uses, such as golf courses, tennis courts, swimming
268 pools, and clubhouses, within an area designated for residential
269 use are not mixed use, irrespective of how they are operated.
270 4. "Planned unit development" has the same meaning as
271 provided in s. 163.3202(5)(b).
272 Section 3. An applicant for a proposed development
273 authorized under s. 125.01055(7), Florida Statutes, or s.
274 166.04151(7), Florida Statutes, who submitted an application, a
275 written request, or a notice of intent to use such provisions to
276 the county or municipality and which application, written
277 request, or notice of intent has been received by the county or
278 municipality, as applicable, before July 1, 2026, may notify the
279 county or municipality by July 1, 2026, of its intent to proceed
280 under the provisions of s. 125.01055(7), Florida Statutes, or s.
281 166.04151(7), Florida Statutes, as they existed at the time of
282 submittal. A county or municipality, as applicable, shall allow
283 an applicant who submitted such an application, written request,
284 or notice of intent before July 1, 2026, the opportunity to
285 submit a revised application, written request, or notice of
286 intent to account for the changes made by this act.
287 Section 4. Subsection (5) of section 333.03, Florida
288 Statutes, is amended to read:
208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 12 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

289 333.03 Requirement to adopt airport zoning regulations.—
290 (5) Sections 125.01055(7) and 166.04151(7) do not apply to
291 any of the following, unless the respective application is
292 approved by the governing body of the airport:
293 (a) A proposed development near a runway within one-
294 quarter of a mile laterally from the runway edge and within an
295 area that is the width of one-quarter of a mile extending at
296 right angles from the end of the runway for a distance of 10,000
297 feet of any existing airport runway or planned airport runway
298 identified in the local government's airport master plan.
299 (b) A proposed development within any airport noise zone
300 identified in the federal land use compatibility table or in a
301 land-use zoning or airport noise regulation adopted by the local
302 government.
303 (c) A proposed development that exceeds maximum height
304 restrictions identified in the political subdivision's airport
305 zoning regulation adopted pursuant to this section.
306 Section 5. Subsection (8) of section 760.22, Florida
307 Statutes, is amended to read:
308 760.22 Definitions.—As used in ss. 760.20-760.37, the
309 term:
310 (8) "Person" includes one or more individuals,
311 corporations, partnerships, associations, labor organizations,
312 legal representatives, mutual companies, joint-stock companies,
313 trusts, unincorporated organizations, trustees, trustees in
208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 13 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

314 bankruptcy, receivers, and fiduciaries, agencies, governmental
315 entities, and other legal or commercial entities.
316 Section 6. Section 760.26, Florida Statutes, is amended to
317 read:
318 760.26 Prohibited discrimination in land use decisions and
319 in permitting of development.—It is unlawful to discriminate in
320 land use decisions or in the permitting of development based on
321 race, color, national origin, sex, disability, familial status,
322 or religion, or, except as otherwise provided by law, based on
323 the source of financing of a development or proposed
324 development, including, but not limited to, financing of a
325 development or on a proposed development for housing that is
326 affordable as defined in s. 420.0004.
327 Section 7. Subsection (4) of section 760.35, Florida
328 Statutes, is amended to read:
329 760.35 Civil actions and relief; administrative
330 procedures.—
331 (4) If the court finds that a person has engaged in a
332 discriminatory housing practice has occurred, it must shall
333 issue an order prohibiting the practice and providing
334 affirmative relief from the effects of the practice, including
335 injunctive and other equitable relief, actual and punitive
336 damages, and reasonable attorney fees and costs. In accordance
337 with s. 13, Art. X of the State Constitution, the state, for
338 itself and its agencies or political subdivisions, waives
208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 14 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

339 sovereign immunity for a cause of action based upon the
340 application of this section. Such waiver is limited only to
341 actions brought under this section.
342 Section 8. This act shall take effect July 1, 2026.
343
344 -----------------------------------------------------
345 T I T L E A M E N D M E N T
346 Remove everything before the enacting clause and insert:
347 An act relating to affordable housing; amending ss.
348 125.01055 and 166.04151, F.S.; requiring counties and
349 municipalities, respectively, to authorize certain
350 residential use on property owned by a county,
351 municipality, or school district under certain
352 circumstances; providing requirements for certain
353 proposed developments; prohibiting counties and
354 municipalities, respectively, from restricting the
355 height of certain proposed developments through other
356 dimensional means and from requiring certain setbacks
357 or stepbacks; revising the definitions of the terms
358 "commercial use" and "industrial use"; authorizing
359 applicants for certain proposed developments to notify
360 the county or municipality, as applicable, by a
361 specified date of intent to proceed under certain
362 provisions; requiring counties and municipalities to
363 allow certain applicants to submit revised
208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 15 of 16
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1389 (2026)
Amendment No.

364 applications, written requests, and notices of intent
365 to account for changes made by the act; amending s.
366 333.03, F.S.; providing an exception authorizing the
367 applicability of certain provisions to certain
368 proposed developments, if approved by the governing
369 body of an airport; amending s. 760.22, F.S.; revising
370 the definition of the term "person"; amending s.
371 760.26, F.S.; revising a prohibition on discriminatory
372 practices in land use decisions and in permitting of
373 development to include housing that is affordable;
374 amending s. 760.35, F.S.; waiving the state's
375 sovereign immunity for certain causes of action based
376 upon housing discrimination; providing applicability;
377 providing an effective date.

208403 - h1389-strike.docx
Published On: 2/10/2026 12:01:06 PM
Page 16 of 16

File and source

File: 2026-02-11_3287_housing-agriculture-tourism-subcommittee_meeting-packets_fn-hat-2-11-26.pdf
Size: 703,957 bytes
SHA-256: ded4963e9b64fdcf805223ecae75d7b1f507aa6d41d0c95d7abeaf78c9bbc408
Our copy: 2026-02-11_3287_housing-agriculture-tourism-subcommittee_meeting-packets_fn-hat-2-11-26.pdf
Original: No public link identified.