SESSION WATCH
Became law HOUSE · SESSION 2026 · CHAPTER 2026-7

No. CS/CS/CS/HB 399

Land Use and Development Regulations
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SPONSOR
State Affairs Committee; Housing, Agriculture & Tourism Subcommittee; Intergovernmental Affairs Subcommittee; Borrero
FILED BY
David Borrero — District 111, Republican [search donations]
EFFECTIVE
Except as otherwise expressly provided in this act, this act shall take effect March 27, 2026.

Filed under Development & Land Use.

PROVIDED SUMMARY

Land Use and Development Regulations; Requires amount of application fees associated with development permits or orders to reasonably relate to certain costs; requires public schools interlocal agreements to address reasonable access to certain public easements & public rights-of-way; requires local governments to administratively approve applications for minor special exceptions or variances submitted by large destination resorts that meet certain requirements ; requires local government comprehensive plans & land development regulations to include factors for assessing compatibility of certain residential uses; requires land development regulations to incorporate measures for mitigating or minimizing potential incompatibility; prohibits residential manufactured buildings from being denied a building permit for placement on certain lots; requires housing units located on a mobile home lot to be taxed in a specified manner and be subject to payments to a specified fund; requires off-site constructed residential dwellings to be permitted as of right in certain zoning districts; requires local government regulations to be reasonable and uniformly enforced.

Full bill text →

Plain English Summary

AI-GENERATED
Mandates equal zoning treatment for off-site built homes.

Local governments must permit off-site constructed residential dwellings as of right in any zoning district where single-family detached dwellings are allowed. This eliminates local discretion to ban or restrict these homes based on their construction method.

The bill prohibits local governments from adopting or enforcing regulations that treat off-site constructed dwellings more restrictively than site-built single-family homes. Any conflicting local ordinance is declared void and unenforceable as applied to these dwellings.

Application fees for development permits must reasonably relate to direct and reasonable indirect review costs. Fees may not be based on a percentage of construction costs, site costs, or project valuation, and must be published on the local fee schedule.

Local governments must administratively approve minor special exceptions or variances for large destination resorts. This applies to maintenance or refurbishment of existing structures that are not contributing structures listed in the National Register of Historic Places.

KEY PROVISIONS
§ 1 Application Fee Limits majors. 125.022(9)

AIProhibits local governments from basing development permit application fees on a percentage of construction costs, site costs, or project valuation.

“The fee may not be based on a percentage of construction costs, site costs, or project valuation.” bill text, line 81 →
§ 2 Off-Site Housing Zoning Parity majors. 553.385(2)(a)

AIRequires local governments to permit off-site constructed residential dwellings as of right in any zoning district where single-family detached dwellings are allowed.

“An off-site constructed residential dwelling must be permitted as of right in any zoning district where single-family detached dwellings are allowed.” bill text, line 242 →
§ 3 Compatibility Denial Standards majors. 163.3194(7)(c)

AIProhibits local governments from denying rezoning, subdivision, or site plan applications on compatibility grounds without specific written findings that proposed mitigation measures are inadequate.

“the local government may not deny an application on compatibility grounds unless the denial includes written findings stating that the proposed mitigation measures are inadequate” bill text, line 177 →
§ 4 Resort Administrative Approval moderates. 163.31803(3)

AIRequires local governments to administratively approve minor special exceptions or variances for large destination resorts without further review by quasi-judicial or administrative bodies.

“A local government must administratively approve, without further action by the local government or any quasi- judicial or administrative reviewing body” bill text, line 129 →
§ 5 Compost Facility Permit Protections moderates. 163.31804(2)

AIProhibits local governments from conditioning compost facility permits on the purchase of additional property to expand private roads or revoking existing permits if the facility complies with state best management practices.

“An existing permit for a facility that processes compost as defined in s. 576.011 may not be revoked by the local government if such activity is regulated through and in compliance” bill text, line 155 →
§ 6 School Interlocal Agreement Requirements moderates. 163.31777(2)(j)

AIRequires public schools interlocal agreements to address reasonable access to public easements and rights-of-way necessary for the siting, construction, expansion, or improvement of public school facilities.

“Reasonable access, where available, to public easements and public rights-of-way which may be necessary for the siting, construction, expansion, or improvement of public school” bill text, line 101 →
§ 7 Manufactured Building Placement moderates. 553.382

AIProhibits local governments from denying a building permit for the placement of a certified residential manufactured building on a mobile home lot, recreational vehicle park lot, or in a mobile home condominium, cooperative, or subdivision.

“may not be denied a building permit for placement on a mobile home lot in a mobile home park, on any lot in a recreational vehicle park, or in a mobile home condominium, co”
TIMELINE
3/30/2026
Chapter No. 2026-7 ; Companion bill(s) passed, see CS/CS/HB 803...
3/27/2026
Approved by Governor
3/18/2026
Signed by Officers and presented to Governor
3/13/2026
Ordered engrossed, then enrolled
3/13/2026
CS passed as amended; YEAS 73, NAYS 27
3/13/2026
Amendment 128678 Concur
3/13/2026
Amendment 913094 Concur
3/13/2026
Amendment 808780 Concur
3/13/2026
Amendment 164644 Concur
3/13/2026
Amendment 793575 ruled out of order
3/13/2026
Added to Senate Message List
3/13/2026
In Messages
3/13/2026
CS passed as amended; YEAS 27 NAYS 11 -SJ 914
3/13/2026
Read 3rd time -SJ 914
3/13/2026
Amendment(s) failed (351666, 531994) -SJ 910
3/13/2026
Amendment(s) adopted (164644, 808780, 913094) -SJ 910
3/13/2026
Read 2nd time -SJ 910
3/13/2026
Substituted for CS/CS/SB 208 -SJ 910
3/13/2026
Placed on Calendar, on 2nd reading
3/13/2026
Withdrawn from Rules -SJ 909
3/3/2026
Received
3/3/2026
Referred to Rules
3/3/2026
In Messages
3/3/2026
CS passed as amended; YEAS 71, NAYS 38
3/3/2026
Read 3rd time
3/3/2026
Added to Third Reading Calendar
3/3/2026
Amendment 034653 ruled out of order
3/3/2026
Amendment 198601 adopted
3/3/2026
Amendment 979721 Failed
3/3/2026
Read 2nd time
2/26/2026
Bill added to Special Order Calendar (3/3/2026)
2/26/2026
Added to Second Reading Calendar
2/25/2026
1st Reading (Committee Substitute 3)
2/25/2026
Bill referred to House Calendar
2/25/2026
CS Filed
2/25/2026
Laid on Table under Rule 7.18(a)
2/25/2026
Reported out of State Affairs Committee
2/24/2026
Favorable with CS by State Affairs Committee
2/20/2026
Added to State Affairs Committee agenda
2/6/2026
Now in State Affairs Committee
2/6/2026
Referred to State Affairs Committee
2/5/2026
1st Reading (Committee Substitute 2)
2/5/2026
CS Filed
2/5/2026
Laid on Table under Rule 7.18(a)
2/5/2026
Reported out of Housing, Agriculture & Tourism Subcommittee
2/5/2026
Favorable with CS by Housing, Agriculture & Tourism Subcommittee
2/3/2026
Added to Housing, Agriculture & Tourism Subcommittee agenda
1/29/2026
Now in Housing, Agriculture & Tourism Subcommittee
1/29/2026
Referred to State Affairs Committee
1/29/2026
Referred to Housing, Agriculture & Tourism Subcommittee
1/28/2026
1st Reading (Committee Substitute 1)
1/28/2026
CS Filed
1/28/2026
Laid on Table under Rule 7.18(a)
1/28/2026
Reported out of Intergovernmental Affairs Subcommittee
1/28/2026
Favorable with CS by Intergovernmental Affairs Subcommittee
1/26/2026
PCS added to Intergovernmental Affairs Subcommittee agenda
1/13/2026
1st Reading (Original Filed Version)
11/18/2025
Now in Intergovernmental Affairs Subcommittee
11/18/2025
Referred to State Affairs Committee
11/18/2025
Referred to Housing, Agriculture & Tourism Subcommittee
11/18/2025
Referred to Intergovernmental Affairs Subcommittee
11/12/2025
Filed
56 EARLIER →
STATUTES IT CHANGES
s. 125.022
+62 / −0
s. 166.033
+62 / −0
s. 163.31777
+43 / −0
s. 163.31803
+283 / −0
s. 163.31804
+155 / −0
s. 163.3194
+291 / −0
STAFF ANALYSES