HB 1389 — Affordable Housing

170.201(2), which has contained a house of public worship for at least 5 years before the proposed development, regardless of the underlying zoning, if at least 40 percent of the residential units in a proposed multifamily development are rental units that, for a period of at least 30 years, are affordable as defined in s.

420.0004.

Notwithstanding any other law, local ordinance, or regulation to the contrary, a county may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, transfer of density or development units, amendment to a development of regional impact, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection.

A proposed development Page 4 of 26 CODING:

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hb1389-02-c2 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 CS/CS/HB 1389 2026 on property owned by a religious institution must be applied for by both the applicant and the religious institution, and the house of public worship must continue to operate on the property after the proposed development is constructed.

A county may not restrict the height of a proposed development below the height authorized in this subparagraph through other dimensional means, such as height determinedPage by3 setbacks or step-backs, or require setbacks or step-backs that are more restrictive than the minimum setbacks or step-backs of the16 underlyingCODING: zoning applicable to the proposed development as authorized on July 1, 2023.

For purposes of this paragraph, the term "highest currently allowed height" does not include the height of any building that met the requirements of this subsection or the height of any building that has received any bonus, variance, or other special exception for height provided in the county's land development regulations as an incentive for development.

2.

If the proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential use which is within a single-family residential development with at Page 5 of 26 CODING:

hb1389-02-c2hb1389-01-c1 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 CS/CS/HBCS/HB 1389 2026 leastdetermined 25by contiguoussetbacks single-familyor homes,step-backs, theor countyrequire maysetbacks restrictor thestep-backs heightthat ofare themore proposedrestrictive developmentthan to 150 percent of the tallestminimum buildingsetbacks on any property adjacent to the proposed development, the highest currently allowed, or allowedstep-backs onof July 1, 2023, height for the propertyunderlying providedzoning inapplicable the county's land development regulations, or three stories, whichever is higher, not to exceedthe 10proposed stories.development.

For purposes of this paragraph, the term "highest currently allowed height" does not include the height of any building that met the requirements of this subsection or the height of any building that has received any bonus, variance, or other special exception for height provided in the county's land development regulations as an incentive for development.

2.

If the proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential use which is within a single-family residential development with at least 25 contiguous single-family homes, the county 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 currently allowed, or allowed on July 1, 2023, height for the property provided in the county's land development regulations, or three stories, whichever is higher, not to exceed 10 stories.

If the proposed development is on a parcel with a contributing structure or building within a historic district whichPage was4 listed in the National Register of Historic16 PlacesCODING: before January 1, 2000, or is on a parcel with a structure or building individually listed in the National Register of Historic Places, the county may restrict the height of the proposed development to the highest currently allowed, or allowed on July 1, 2023, height for a commercial or residential building located in its jurisdiction within three-fourths of a mile of the proposed development or three stories, whichever is higher.

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hb1389-01-c1 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 CS/HB 1389 2026 which was listed in the National Register of Historic Places before January 1, 2000, or is on a parcel with a structure or building individually listed in the National Register of Historic Places, the county may restrict the height of the proposed development to the highest currently allowed, or allowed on July 1, 2023, height for a commercial or residential building located in its jurisdiction within three-fourths of a mile of the proposed development or three stories, whichever is higher.

"Commercial use" means activities associated with the Pagesale, 6rental, or distribution of 26products CODING:or the performance of services related thereto.

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hb1389-02-c2 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 CS/CS/HB 1389 2026 sale, rental, or distribution of products or the performance of services related thereto.

The term does not include home-based businesses or cottage food operations undertakenPage on5 residentialof property,16 publicCODING: lodging establishments as described in s.

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hb1389-01-c1 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 CS/HB 1389 2026 undertaken on residential property, public lodging establishments as described in s.

The term includes, but Pageis 7not oflimited 26to, CODING:such uses or activities as automobile manufacturing or repair, boat manufacturing or repair, junk yards, meat packing facilities, citrus processing and packing facilities, produce processing and packing facilities, electrical generating plants, water treatment plants, sewage treatment plants, and solid waste disposal sites.

Words stricken are deletions;

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hb1389-02-c2 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 CS/CS/HB 1389 2026 is not limited to, such uses or activities as automobile manufacturing or repair, boat manufacturing or repair, junk yards, meat packing facilities, citrus processing and packing facilities, produce processing and packing facilities, electrical generating plants, water treatment plants, sewage treatment plants, and solid waste disposal sites.

Recreational uses, suchPage as6 golf courses, tennis courts, swimming pools, and clubhouses, within an area designated for residential use are not industrial use, irrespective of how16 theyCODING: are operated.

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words underlined are additions.

hb1389-01-c1 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 CS/HB 1389 2026 such as golf courses, tennis courts, swimming pools, and clubhouses, within an area designated for residential use are not industrial use, irrespective of how they are operated.

Recreational uses, such as golf courses, tennis courts, swimming pools, and clubhouses, within an area designated for residential Pageuse 8are not mixed use, irrespective of 26how CODING:they are operated.

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words underlined are additions.

hb1389-02-c2 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 CS/CS/HB 1389 2026 use are not mixed use, irrespective of how they are operated.

"Multifamily development" or "mixed-use residential development" means a residential or mixed-use residential development site authorized under this subsection, held under common ownership or control, which may consist of an assemblage of parcels separated only by land 15 feet or less and limited to public pedestrian access.

5.4.

(o) This subsection does not apply to:

1.

Airport-impacted areas as provided in s.

333.03.

2.

Property defined as recreational and commercial working waterfront in s.

342.201(2)(b) in any area zoned as industrial.

3.

The Wekiva Study Area, as described in s.

369.316.

4.

The Everglades Protection Area, as defined in s.

373.4592(2).

5.

Areas subject to land development regulations, as defined in s.

163.3164, that are in existence before July 1, 2026, and are intended to retain the open character of land, including, but not limited to, open space districts, open space recreation districts, open use estate districts, open use rural districts, and park and open space districts.

6.

Any area of critical state concern, as designated in ss.

380.055, 380.0551, 380.0552, 380.0553, and 380.0555.

7.

Any portion of a property encumbered by a recorded Page 9 of 26 CODING:

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hb1389-02-c2 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 CS/CS/HB 1389 2026 conservation easement, as defined in s.

704.06(1).

SubsectionsParagraphs (2)(a), through(d), (5)and (n) of subsection (7) of section 163.31771,166.04151, Florida Statutes, are amended to read:

163.31771 Accessory dwelling units.— (2) As used in this section, the term:

(a) "Accessory dwelling unit" means 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.

(b) "Affordable rental" means that monthly rent and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for extremely-low-income, very-low-income, low-income, or moderate-income persons.

(c)(g) "Extremely-low-income persons" has the same meaning as in s.

420.0004(9).

(d)(c) "Local government" means a county or municipality.

(e)(d) "Low-income persons" has the same meaning as in s.

420.0004(11).

(f)(e) "Moderate-income persons" has the same meaning as in s.

420.0004(12).

(g) "Primary dwelling unit" means an existing or a proposed single-family dwelling located on the property on which a proposed accessory dwelling unit would be located.

(h)(f) "Very-low-income persons" has the same meaning as Page 10 of 26 CODING:

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hb1389-02-c2 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 CS/CS/HB 1389 2026 in s.

420.0004(17).

(3) By December 1, 2026, a local government shall may adopt an ordinance to allow accessory dwelling units to be approved without requiring a public hearing, variance, conditional use permit, special permit, special exception, or any other discretionary action, other than a determination that a site plan conforms with applicable zoning regulations, in any area zoned for single-family residential use.

Such ordinance must apply prospectively to accessory dwelling units approved after the date on which the ordinance is adopted.

The ordinance may regulate the permitting, construction, and use of an accessory dwelling unit, but may not do any of the following:

(a) Require that the owner of the property on which an accessory dwelling unit is constructed reside in the primary dwelling unit.

(b) Increase parking requirements on any property that can accommodate an additional motor vehicle on a driveway without impeding access to the primary dwelling unit.

(c) Require replacement parking if a garage, carport, or covered parking structure is converted to create an accessory dwelling unit.

(d) Impose discretionary review or hearing standards, such as requiring a conditional use approval or special exception, to construct an accessory dwelling unit or any other review standards that do not apply generally to other housing in the Page 11 of 26 CODING:

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hb1389-02-c2 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 CS/CS/HB 1389 2026 same district or zone.

A local government that is required by state law to limit the number of new dwelling units within the local government's jurisdiction is not required to adopt an ordinance in accordance with this subsection, but may adopt an ordinance to allow accessory dwelling units in any area zoned for single-family residential use.

(4) An application for a building permit to construct an accessory dwelling unit must include an affidavit from the applicant which attests that the unit will be rented at an affordable rate to an extremely-low-income, very-low-income, low-income, or moderate-income person or persons.

(4)(5) Each accessory dwelling unit allowed by an ordinance adopted under this section which provides affordable rental housing applies shall apply toward satisfying the affordable housing component of the housing element in the local government's comprehensive plan under s.

163.3177(6)(f).

(5) The owner of property that has an accessory dwelling unit may not be denied a homestead exemption for those portions of the property on which the owner maintains a permanent residence solely on the basis that an accessory dwelling unit that is or may be rented to another person is located on the property.

However, if the accessory dwelling unit is rented to another person, the accessory dwelling unit must be assessed Page 12 of 26 CODING:

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hb1389-02-c2 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 CS/CS/HB 1389 2026 separately from the homestead property and taxed according to its use.

Section 3.

Paragraphs (a), (d), (n), and (o) of subsection (7) of section 166.04151, Florida Statutes, are amended to read:

and on property owned by a county, municipality, or school district;district, if at least 40 Page 7 of 16 CODING:

and on property that is more than 3 acres in size and owned by a religious institution, as defined in s.

170.201(2), which has contained a house of public worship for at least 5 years before the proposed development, regardless of the underlying zoning, if at least 40 percent of the residential units in a proposed multifamily development are rental units that, for a period of at least 30 years, are affordable as defined in s.

420.0004.

Notwithstanding any other law, local ordinance, or regulation to the contrary, a municipality may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, transfer of density or development units, amendment to a development of regional impact, amendment to a municipal charter, or comprehensive plan amendment for the building height, zoning, and densities Page 13 of 26 CODING:

hb1389-02-c2hb1389-01-c1 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 CS/CS/HBCS/HB 1389 2026 authorizedpercent underof thisthe subsection.residential units in a proposed multifamily development are rental units that, for a period of at least 30 years, are affordable as defined in s.

420.0004.

Notwithstanding any other law, local ordinance, or regulation to the contrary, a municipality may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, transfer of density or development units, amendment to a development of regional impact, amendment to a municipal charter, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection.

A proposed development on property owned by a religious institution must be applied for by both the applicant and the religious institution, and the house of public worship must continue to operate on the property after the proposed development is constructed.

A municipality may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed, or allowed on July 1, 2023, height for a commercial or residential building located in its jurisdictionPage within8 1 mile of the16 proposedCODING: development or three stories, whichever is higher.

A municipality may not restrict the height of a proposed development below the height authorized in this subparagraph through other dimensional means, such as height determined by setbacks or step-backs, or require setbacks or step-backs that are more restrictive than the minimum Page 14 of 26 CODING:

hb1389-02-c2hb1389-01-c1 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 CS/CS/HBCS/HB 1389 2026 setbacksjurisdiction orwithin step-backs1 mile of the underlying zoning applicable to the proposed development asor authorizedthree onstories, Julywhichever 1,is 2023.higher.

A municipality may not restrict the height of a proposed development below the height authorized in this subparagraph through other dimensional means, such as height determined by setbacks or step-backs, or require setbacks or step-backs that are more restrictive than the minimum setbacks or step-backs of the underlying zoning applicable to the proposed development.

For the purposes of this paragraph, the term "adjacent to" means those properties sharing morePage than9 one point of a16 propertyCODING: line, but does not include properties separated by a public road or body of water, including manmade lakes or ponds.

For a proposed development located within a municipality within an area of critical state concern as designated by s.

380.0552 or chapter 28-36, Florida Administrative Code, the term "story" includes only the Page 15 of 26 CODING:

hb1389-02-c2hb1389-01-c1 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 CS/CS/HBCS/HB 1389 2026 habitablemore spacethan aboveone thepoint baseof flooda elevationproperty asline, designatedbut bydoes thenot Federalinclude Emergencyproperties Managementseparated Agencyby ina thepublic mostroad currentor Floodbody Insuranceof Ratewater, Map.including manmade lakes or ponds.

For a proposed development located within a municipality within an area of critical state concern as designated by s.

380.0552 or chapter 28-36, Florida Administrative Code, the term "story" includes only the habitable space above the base flood elevation as designated by the Federal Emergency Management Agency in the most current Flood Insurance Rate Map.

(n)Page As10 usedof in16 thisCODING: subsection, the term:

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hb1389-01-c1 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 CS/HB 1389 2026 (n) As used in this subsection, the term:

Pagepublic 16lodging ofestablishments 26as CODING:described in s.

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hb1389-02-c2 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 CS/CS/HB 1389 2026 public lodging establishments as described in s.

"Industrial use" means activities associated with the manufacture,Page assembly,11 processing, or storage of products16 orCODING: the performance of services related thereto.

The term includes, but is not limited to, such uses or activities as automobile manufacturing or repair, boat manufacturing or repair, junk yards, meat packing facilities, citrus processing and packing facilities, produce processing and packing facilities, Page 17 of 26 CODING:

hb1389-02-c2hb1389-01-c1 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 CS/CS/HBCS/HB 1389 2026 electricalmanufacture, generatingassembly, plants,processing, wateror treatmentstorage plants,of sewageproducts treatmentor plants,the andperformance solidof wasteservices disposalrelated sites.thereto.

The term includes, but is not limited to, such uses or activities as automobile manufacturing or repair, boat manufacturing or repair, junk yards, meat packing facilities, citrus processing and packing facilities, produce processing and packing facilities, electrical generating plants, water treatment plants, sewage treatment plants, and solid waste disposal sites.

RecreationalPage uses,12 such as golf courses, tennis courts, swimming pools, and clubhouses, within an area designated for residential use are not mixed use, irrespective of how16 theyCODING: are operated.

4.

"Multifamily development" or "mixed-use residential development" means a residential or mixed-use residential development site authorized under this subsection, held under Page 18 of 26 CODING:

hb1389-02-c2hb1389-01-c1 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 CS/CS/HBCS/HB 1389 2026 commonRecreational ownershipuses, orsuch control,as whichgolf maycourses, consisttennis ofcourts, answimming assemblagepools, ofand parcelsclubhouses, separatedwithin onlyan byarea landdesignated 15for feetresidential oruse lessare andnot limitedmixed touse, publicirrespective pedestrianof access.how they are operated.

5.4.4.

(o)Section This3. subsection does not apply to:

1.

Airport-impacted areas as provided in s.

333.03.

2.

Property defined as recreational and commercial working waterfront in s.

342.201(2)(b) in any area zoned as industrial.

3.

The Wekiva Study Area, as described in s.

369.316.

4.

The Everglades Protection Area, as defined in s.

373.4592(2).

5.

Areas subject to land development regulations, as defined in s.

163.3164, that are in existence before July 1, 2026, and are intended to retain the open character of land, including, but not limited to, open space districts, open space recreation districts, open use estate districts, open use rural districts, and park and open space districts.

6.

Any area of critical state concern, as designated in ss.

380.055, 380.0551, 380.0552, 380.0553, and 380.0555.

7.

Any portion of a property encumbered by a recorded conservation easement, as defined in s.

704.06(1).

Section 4.

166.04151(7), Florida Statutes, who submitted an application, a Pagewritten 19request, or a notice of 26intent CODING:pursuant to either section to a county or municipality and such application, written request, or notice of intent was received by the county or municipality, as applicable, before July 1, 2026, may notify the county or municipality by July 1, 2026, of the applicant's intent to proceed under s.

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hb1389-02-c2 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 CS/CS/HB 1389 2026 written request, or a notice of intent pursuant to either section to a county or municipality and such application, written request, or notice of intent was received by the county or municipality, as applicable, before July 1, 2026, may notify the county or municipality by July 1, 2026, of the applicant's intent to proceed under s.

Section 5.4.

Paragraphs (a) and (o) of subsection (3) of section 196.1978, Florida Statutes, are amended to read:

196.1978 Affordable housing property exemption.— (3)(a) As used in this subsection, the term:

1.

"Corporation" means the Florida Housing Finance Corporation.

2.

"Multifamily project" means a development authorized under this section which is held under common ownership or control and approved and developed in compliance with the same site plan approval or development order.

The term does not include individual detached single-family residences.

3.2.

"Newly constructed" means an improvement to real Page 20 of 26 CODING:

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hb1389-02-c2 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 CS/CS/HB 1389 2026 property which was substantially completed within 5 years before the date of an applicant's first submission of a request for a certification notice pursuant to this subsection.

4.3.

"Substantially completed" has the same meaning as in s.

192.042(1).

(o)1.

Beginning with the 2025 tax roll, a taxing authority may elect, upon adoption of an ordinance or resolution approved by a two-thirds vote of the governing body, not to exempt property under sub-subparagraph (d)1.a.

located in a county specified pursuant to subparagraph 2., subject to the conditions of this paragraph.

2.

A taxing authority must make a finding in the ordinance or resolution that the most recently published Shimberg Center for Housing Studies Annual Report, prepared pursuant to s.

420.6075, identifies that a county that is part of the jurisdiction of the taxing authority is within a metropolitan statistical area or region where the number of affordable and available units in the metropolitan statistical area or region is greater than the number of renter households in the metropolitan statistical area or region for the category entitled "0-120 percent AMI." 3.

An election made pursuant to this paragraph may apply only to the ad valorem property tax levies imposed within a county specified pursuant to subparagraph 2.

by the taxing authority making the election.

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hb1389-02-c2 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 CS/CS/HB 1389 2026 4.

The ordinance or resolution must take effect on the January 1 immediately succeeding adoption and shall expire on the second January 1 after the January 1 in which the ordinance or resolution takes effect.

The ordinance or resolution may be renewed prior to its expiration pursuant to this paragraph.

5.

The taxing authority proposing to make an election under this paragraph must advertise the ordinance or resolution or renewal thereof pursuant to the requirements of s.

50.011(1) prior to adoption.

6.

The taxing authority must provide to the property appraiser the adopted ordinance or resolution or renewal thereof by the effective date of the ordinance or resolution or renewal thereof.

7.

Notwithstanding an ordinance or resolution or renewal thereof adopted pursuant to this paragraph, property in a multifamily project that received an exemption pursuant to sub- subparagraph (d)1.a.

before the adoption or renewal of such ordinance or resolution may continue to receive such exemption for each subsequent consecutive year that the same owner or each successive owner applies for and is granted the exemption.

Section 6.

333.03 Requirement to adopt airport zoning regulations.— (5) Sections 125.01055(7) and 166.04151(7) do not apply to any of the following, unless the respective application is Page 2213 of 2616 CODING:

hb1389-02-c2hb1389-01-c1 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 CS/CS/HBCS/HB 1389 2026 any of the following, unless the respective application is approved by the governing body of the airport:

Section 7.5.

Subsection (1) of section 420.615, Florida Statutes, is amended to read:

420.615 Affordable housing land donation density bonus incentives.— (1) A local government may provide density bonus incentives pursuant to the provisions of this section to any landowner who voluntarily donates fee simple interest in real property to the local government for the purpose of assisting the local government in providing affordable housing, including housing that is affordable for military families receiving the basic allowance for housing.

Donated real property must be Page 23 of 26 CODING:

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hb1389-02-c2 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 CS/CS/HB 1389 2026 determined by the local government to be appropriate for use as affordable housing and must be subject to deed restrictions to ensure that the property will be used for affordable housing.

Section 8.

SectionPage 9.14 of 16 CODING:

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hb1389-01-c1 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 CS/HB 1389 2026 Section 6.

Section 10.7.

Subsection (4) of section 760.35, Florida PageStatutes, 24is ofamended 26to CODING:read:

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hb1389-02-c2 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 CS/CS/HB 1389 2026 Statutes, is amended to read:

Such waiver is limited only to actions broughtPage under15 thisof section.16 CODING:

Section 11.

The Office of Program Policy Analysis and Government Accountability (OPPAGA) shall evaluate the efficacy of using mezzanine finance or second-position short-term debt to stimulate the construction of owner-occupied housing that is affordable as defined in s.

420.0004(3), Florida Statutes, in this state.

OPPAGA shall also evaluate the potential of tiny homes to meet the need for affordable housing in this state.

OPPAGA shall consult with the Florida Housing Finance Corporation and the Shimberg Center for Housing Studies at the University of Florida in conducting its evaluation.

By December 31, 2027, OPPAGA shall submit a report of its findings to the Page 25 of 26 CODING:

hb1389-02-c2hb1389-01-c1 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 CS/CS/HBCS/HB 1389 2026 Presidentbrought ofunder thethis Senatesection. and the Speaker of the House of Representatives.

SuchSection report8. must include recommendations for the structuring of a model mezzanine finance program.

Section 12.

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hb1389-02-c2hb1389-01-c1