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H 1389

Florida House•Passed

Summary

H 1389, “Affordable Housing”, was introduced in the House on Jan 9, 2026 by Rep. Commerce Committee with 5 co-sponsors. It last saw action on Jun 29, 2026: Chapter No. 2026-179; Companion bill(s) passed, see SB 962 (Ch. 2026-163).

Record

Text

H 1389 has 5 co-sponsors and 7 roll calls.

h1389/enrolled.txt
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An act relating to affordable housing; amending ss.
125.01055 and 166.04151, F.S.; requiring counties and
municipalities, respectively, to authorize multifamily
and mixed-use residential uses as allowable uses for
specified property; providing requirements for certain
proposed developments; specifying that certain
proposed developments shall not exclude an assemblage
of certain parcels; providing for the expiration of
certain provisions; prohibiting counties and
municipalities, respectively, from restricting the
height of certain proposed developments through other
dimensional means and from requiring certain setbacks
or stepbacks; revising the definitions of the terms
"commercial use" and "industrial use"; revising
applicability; providing retroactive applicability;
authorizing applicants for certain proposed
developments to notify the county or municipality, as
applicable, by a specified date of intent to proceed
under certain provisions; requiring counties and
municipalities to allow certain applicants to submit
revised applications, written requests, and notices of
intent to account for changes made by the act;
amending s. 196.1978, F.S.; creating a definition for
"multifamily project"; revising a specified finding
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that a taxing authority must make in order to elect
not to exempt certain property from certain ad valorem
taxation; authorizing certain property owners in a
multifamily project to apply for and continue to
receive an exemption; amending s. 333.03, F.S.;
providing an exception to the inapplicability of
certain provisions; amending s. 760.22, F.S.; revising
the definition of the term "person"; amending s.
760.26, F.S.; revising a prohibition on discriminatory
practices in land use decisions and in permitting of
development to include housing that is affordable;
amending s. 760.35, F.S.; waiving the state's
sovereign immunity for certain causes of action based
upon housing discrimination; providing applicability;
amending s. 420.615, F.S.; authorizing a local
government to provide a density bonus incentive to
landowners who make certain real property donations to
assist in the provision of affordable housing for
military families; requiring the Office of Program
Policy Analysis and Government Accountability to
evaluate the efficacy of using mezzanine finance and
the potential of tiny homes for specified purposes;
requiring the office to consult with certain entities;
requiring the office to submit a certain report to the
Legislature by a specified date; providing an
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effective date.
    Be It Enacted by the Legislature of the State of Florida:
Section 1.  Paragraphs (a), (d), (n), and (o) of subsection
    (7) of section 125.01055, Florida Statutes, are amended to read:
125.01055  Affordable housing.—
(7)(a)1.  A county must authorize multifamily and mixed-use
    residential as allowable uses 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; on property owned by a
    county, municipality, or school district; 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 10 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
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     regional impact, or comprehensive plan amendment for the
     building height, zoning, and densities authorized under this
     subsection. For mixed-use residential projects, at least 65
     percent of the total square footage must be used for residential
     purposes. The county may not require that more than 10 percent
     of the total square footage of such mixed-use residential
     projects be used for nonresidential purposes. A proposed
     development on property owned by a county, municipality, or
     school district must be within the geographic boundaries of the
     respective county, municipality, or school district, and the
     respective county, municipality, or school district must be a
     party to the application for the proposed development. 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.
2.      A multifamily or mixed-use residential development
     proposed under this section shall not exclude an assemblage of
     parcels under common ownership or control separated by no more
     than 15 feet of land and limited to public pedestrian access.
     This subparagraph expires July 1, 2030.
(d)1.       A county 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
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    commercial or residential building located in its jurisdiction
    within 1 mile of the proposed development or three stories,
    whichever is higher. A county may not restrict height below the
    height authorized under this paragraph through other dimensional
    means, such as establishing setbacks or stepbacks by height, or
    require setbacks or stepbacks that are more restrictive than the
    minimum permitted in the proposed 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. For the purposes of this paragraph,
    the term "adjacent to" means those properties sharing more than
    one point of a property line, but does not include properties
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    separated by a public road.
3.      If the proposed development is on a parcel with a
    contributing structure or building within a historic district
    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. The term "highest currently allowed" in this paragraph
    includes the maximum height allowed for any building in a zoning
    district irrespective of any conditions.
(n)      As used in this subsection, the term:
1.      "Commercial use" means activities associated with the
    sale, rental, or distribution of products or the performance of
    services related thereto. The term includes, but is not limited
    to, such uses or activities as retail sales; wholesale sales;
    rentals of equipment, goods, or products; offices; restaurants;
    public lodging establishments as described in s. 509.242(1)(a);
    food service vendors; sports arenas; theaters; tourist
    attractions; and other for-profit business activities. A parcel
    zoned to permit such uses by right without the requirement to
    obtain a variance or waiver is considered commercial use for the
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    purposes of this section, irrespective of the local land
    development regulation's listed category or title. The term does
    not include home-based businesses or cottage food operations
    undertaken on residential property, public lodging
    establishments as described in s. 509.242(1)(c), or uses that
    are accessory, ancillary, incidental to the allowable uses, or
    allowed only on a temporary basis. Recreational uses, such as
    golf courses, tennis courts, swimming pools, and clubhouses,
    within an area designated for residential use are not commercial
    use, irrespective of how they are operated. Farms and farm
    operations as those terms are defined in s. 823.14(3) and uses
    associated therewith, including the packaging and sale of
    products raised on the premises, are not commercial use.
2.      "Industrial use" means activities associated with the
    manufacture, assembly, processing, or storage of products or 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,
    electrical generating plants, water treatment plants, sewage
    treatment plants, and solid waste disposal sites. A parcel zoned
    to permit such uses by right without the requirement to obtain a
    variance or waiver is considered industrial use for the purposes
    of this section, irrespective of the local land development
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    regulation's listed category or title. The term does not include
    uses that are accessory, ancillary, incidental to the allowable
    uses, or allowed only on a temporary basis. Recreational uses,
    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. Farms
    and farm operations as those terms are defined in s. 823.14(3)
    and uses associated therewith, including the packaging and sale
    of products raised on the premises, are not industrial use.
3.      "Mixed use" means any use that combines multiple types
    of approved land uses from at least two of the residential use,
    commercial use, and industrial use categories. The term does not
    include uses that are accessory, ancillary, incidental to the
    allowable uses, or allowed only on a temporary basis.
    Recreational uses, such as golf courses, tennis courts, swimming
    pools, and clubhouses, within an area designated for residential
    use are not mixed use, irrespective of how they are operated.
4.      "Planned unit development" has the same meaning as
    provided in s. 163.3202(5)(b).
(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.
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    373.4592(2).
5.      Areas subject to land development regulations, as
    defined in s. 163.3164, which 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 2.  Paragraphs (a), (d), (n), and (o) of subsection
    (7) of section 166.04151, Florida Statutes, are amended to read:
166.04151  Affordable housing.—
(7)(a)1.  A municipality must authorize multifamily and
    mixed-use residential as allowable uses 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; on property owned by a
    county, municipality, or school district; 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 10 years before the
    proposed development, regardless of the underlying zoning, if at
    least 40 percent of the residential units in a proposed
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    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. For mixed-use
    residential projects, at least 65 percent of the total square
    footage must be used for residential purposes. The municipality
    may not require that more than 10 percent of the total square
    footage of such mixed-use residential projects be used for
    nonresidential purposes. A proposed development on property
    owned by a county, municipality, or school district must be
    within the geographic boundaries of the respective county,
    municipality, or school district, and the respective county,
    municipality, or school district must be a party to the
    application for the proposed development. 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.
2.      A multifamily or mixed-use residential development
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    proposed under this section shall not exclude an assemblage of
    parcels under common ownership or control separated by no more
    than 15 feet of land and limited to public pedestrian access.
    This subparagraph expires July 1, 2030.
(d)1.       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
    jurisdiction within 1 mile of the proposed development or three
    stories, whichever is higher. A municipality may not restrict
    height below the height authorized under this paragraph through
    other dimensional means, such as establishing setbacks or
    stepbacks by height, or require setbacks or stepbacks that are
    more restrictive than the minimum permitted in the proposed
    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
    municipality'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
    that is within a single-family residential development with at
    least 25 contiguous single-family homes, the municipality may
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    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 municipality's
    land development regulations, or three stories, whichever is
    higher, not to exceed 10 stories. For the purposes of this
    paragraph, the term "adjacent to" means those properties sharing
    more than one point of a property 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
    habitable space above the base flood elevation as designated by
    the Federal Emergency Management Agency in the most current
    Flood Insurance Rate Map. A story may not exceed 10 feet in
    height measured from finished floor to finished floor, including
    space for mechanical equipment. The highest story may not exceed
    10 feet from finished floor to the top plate.
3.      If the proposed development is on a parcel with a
    contributing structure or building within a historic district
    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 municipality may restrict the height of the
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    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. The term "highest currently allowed" in this paragraph
    includes the maximum height allowed for any building in a zoning
    district irrespective of any conditions.
(n)      As used in this subsection, the term:
1.      "Commercial use" means activities associated with the
    sale, rental, or distribution of products or the performance of
    services related thereto. The term includes, but is not limited
    to, such uses or activities as retail sales; wholesale sales;
    rentals of equipment, goods, or products; offices; restaurants;
    public lodging establishments as described in s. 509.242(1)(a);
    food service vendors; sports arenas; theaters; tourist
    attractions; and other for-profit business activities. A parcel
    zoned to permit such uses by right without the requirement to
    obtain a variance or waiver is considered commercial use for the
    purposes of this section, irrespective of the local land
    development regulation's listed category or title. The term does
    not include home-based businesses or cottage food operations
    undertaken on residential property, public lodging
    establishments as described in s. 509.242(1)(c), or uses that
    are accessory, ancillary, incidental to the allowable uses, or
    allowed only on a temporary basis. Recreational uses, such as
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    golf courses, tennis courts, swimming pools, and clubhouses,
    within an area designated for residential use are not commercial
    use, irrespective of how they are operated. Farms and farm
    operations as those terms are defined in s. 823.14(3) and uses
    associated therewith, including the packaging and sale of
    products raised on the premises, are not commercial use.
2.      "Industrial use" means activities associated with the
    manufacture, assembly, processing, or storage of products or 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,
    electrical generating plants, water treatment plants, sewage
    treatment plants, and solid waste disposal sites. A parcel zoned
    to permit such uses by right without the requirement to obtain a
    variance or waiver is considered industrial use for the purposes
    of this section, irrespective of the local land development
    regulation's listed category or title. The term does not include
    uses that are accessory, ancillary, incidental to the allowable
    uses, or allowed only on a temporary basis. Recreational uses,
    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. Farms
    and farm operations as those terms are defined in s. 823.14(3)
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    and uses associated therewith, including the packaging and sale
    of products raised on the premises, are not industrial use.
3.      "Mixed use" means any use that combines multiple types
    of approved land uses from at least two of the residential use,
    commercial use, and industrial use categories. The term does not
    include uses that are accessory, ancillary, incidental to the
    allowable uses, or allowed only on a temporary basis.
    Recreational uses, such as golf courses, tennis courts, swimming
    pools, and clubhouses, within an area designated for residential
    use are not mixed use, irrespective of how they are operated.
4.      "Planned unit development" has the same meaning as
    provided in s. 163.3202(5)(b).
(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, which 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.
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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 3.  The amendments made by this act to ss.
    125.01055(7)(n) and 166.04151(7)(n), Florida Statutes, are
    intended to be remedial and clarifying in nature and apply
    retroactively to January 1, 2024.
Section 4.  An applicant for a proposed development
    authorized under s. 125.01055(7), Florida Statutes, or s.
    166.04151(7), Florida Statutes, who submitted an application, a
    written request, or a notice of intent to use such provisions to
    the county or municipality and which application, written
    request, or notice of intent has been received by the county or
    municipality, as applicable, before July 1, 2026, may notify the
    county or municipality by July 1, 2026, of its intent to proceed
    under the provisions of s. 125.01055(7), Florida Statutes, or s.
    166.04151(7), Florida Statutes, as they existed at the time of
    submittal. A county or municipality, as applicable, shall allow
    an applicant who submitted such an application, written request,
    or notice of intent before July 1, 2026, the opportunity to
    submit a revised application, written request, or notice of
    intent to account for the changes made by this act.
Section 5.  Paragraphs (a) and (o) of subsection (3) of
    section 196.1978, Florida Statutes, are amended to read:
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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" shall include a development
    authorized under this subsection that is held under common
    ownership or control, approved and developed in compliance with
    the same site plan approval or development agreement or order,
    but shall exclude individual detached single-family residences,
    as well as parcels separated by more than 200 feet of land.
3.2.        "Newly constructed" means an improvement to real
    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 annual housing reports the most recently
    published by the Shimberg Center for Housing Studies Annual
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    Report, prepared pursuant to s. 420.6075, identify identifies
    that a county that is part of the jurisdiction of the taxing
    authority is within a metropolitan statistical area or region
    where, for each of the previous 3 years, 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.
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.
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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.
8.      Notwithstanding an ordinance or a resolution or a
    renewal thereof adopted pursuant to this paragraph, the owner of
    a property in a multifamily project that was issued a building
    permit on or after July 1, 2026, for the development of the
    multifamily project within 4 years before the effective date of
    such ordinance or resolution may apply for and be granted the
    exemption under sub-subparagraph (d)1.a. after meeting the
    requirements of this subsection and 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.  The amendments made by this act to s. 196.1978,
    Florida Statutes, first apply to the 2027 property tax roll.
Section 7.  Subsection (5) of section 333.03, Florida
    Statutes, is amended to read:
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
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    approved by the governing body of the airport:
(a)     A proposed development near a runway within one-
    quarter of a mile laterally from the runway edge and within an
    area that is the width of one-quarter of a mile extending at
    right angles from the end of the runway for a distance of 10,000
    feet of any existing airport runway or planned airport runway
    identified in the local government's airport master plan.
(b)     A proposed development within any airport noise zone
    identified in the federal land use compatibility table or in a
    land-use zoning or airport noise regulation adopted by the local
    government.
(c)     A proposed development that exceeds maximum height
    restrictions identified in the political subdivision's airport
    zoning regulation adopted pursuant to this section.
Section 8.  Subsection (8) of section 760.22, Florida
    Statutes, is amended to read:
760.22       Definitions.—As used in ss. 760.20-760.37, the
    term:
(8)     "Person" includes one or more individuals,
    corporations, partnerships, associations, labor organizations,
    legal representatives, mutual companies, joint-stock companies,
    trusts, unincorporated organizations, trustees, trustees in
    bankruptcy, receivers, and fiduciaries, agencies, governmental
    entities, and other legal or commercial entities.
Section 9.  Section 760.26, Florida Statutes, is amended to
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    read:
760.26       Prohibited discrimination in land use decisions and
    in permitting of development.—It is unlawful to discriminate in
    land use decisions or in the permitting of development based on
    race, color, national origin, sex, disability, familial status,
    or religion, or, except as otherwise provided by law, based on
    the source of financing of a development or proposed
    development, including, but not limited to, financing of a
    development or on a proposed development for housing that is
    affordable as defined in s. 420.0004.
Section 10.  Subsection (4) of section 760.35, Florida
    Statutes, is amended to read:
760.35       Civil actions and relief; administrative
    procedures.—
(4)     If the court finds that a person has engaged in a
    discriminatory housing practice has occurred, it must shall
    issue an order prohibiting the practice and providing
    affirmative relief from the effects of the practice, including
    injunctive and other equitable relief, actual and punitive
    damages, and reasonable attorney fees and costs. In accordance
    with s. 13, Art. X of the State Constitution, the state, for
    itself and its agencies or political subdivisions, waives
    sovereign immunity for a cause of action based upon the
    application of this section. Such waiver is limited only to
    actions brought under this section.
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Section 11.  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
    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 12.  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 in meeting 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
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    President of the Senate and the Speaker of the House of
    Representatives. Such report must include recommendations for
    the structuring of a model mezzanine finance program.
Section 13.  This act shall take effect July 1, 2026.
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Requiring counties and municipalities, respectively, to authorize multifamily and mixed-use residential uses as allowable uses for specified property; providing requirements for certain proposed developments; prohibiting counties and municipalities, respectively, from restricting the height of certain proposed developments through other dimensional means and from requiring certain setbacks or stepbacks; requiring counties and municipalities to allow certain applicants to submit revised applications, written requests, and notices of intent to account for changes made by the act; .; authorizing a local government to provide a density bonus incentive to landowners who make certain real property donations to assist in the provision of affordable housing for military families; requiring the Office of Program Policy Analysis and Government Accountability to evaluate the efficacy of using mezzanine finance and the potential of tiny homes for specified purposes, etc.

Sponsors

Rep. Commerce Committee sponsors H 1389, and 5 members have co-sponsored it.

Committees

H 1389 went before 3 committees: Housing, Agriculture & Tourism Subcommittee, Intergovernmental Affairs Subcommittee and Commerce Committee.

Housing, Agriculture & Tourism Subcommittee
Housing, Agriculture & Tourism Subcommittee
Referred to · Jan 15, 2026
Intergovernmental Affairs Subcommittee
Intergovernmental Affairs Subcommittee
Referred to · Feb 13, 2026
Commerce Committee
Commerce Committee
Referred to · Feb 18, 2026

History

H 1389 has taken 55 actions since Jan 9, 2026, the latest on Jun 29, 2026.

ChamberAction
Jun 29, 2026
—
Chapter No. 2026-179; Companion bill(s) passed, see SB 962 (Ch. 2026-163)
Jun 26, 2026
—
Approved by Governor
Jun 15, 2026
—
Signed by Officers and presented to Governor
Mar 13, 2026
Senate
Concurred in House amendment(s) to Senate amendment(s) (680391)
Mar 13, 2026
Senate
CS passed; YEAS 35 NAYS 0

Votes

H 1389 went to 7 roll calls across both chambers, the latest on Mar 13, 2026 at 35–0.

ChamberQuestion
Yea
Nay
Mar 13, 2026
Senate
Senate: Third Reading RCS#3
35
0
Mar 12, 2026
House
House: Third Reading RCS#846
98
4
Mar 6, 2026
Senate
Senate: Third Reading RCS#32
34
0
Mar 4, 2026
House
House: Third Reading RCS#662
76
29
Feb 24, 2026
House
House Commerce Committee
18
5

Source: flsenate.gov · legiscan.com