Florida2026Active
HB1389
Affordable Housing Law Changes
Last scannedAug 24, 2026, 10:35 AM
In one sentence
This law requires counties to allow apartment and mixed-use buildings in specific areas while limiting rules on building heights.
What it does
- Requires counties to allow apartments and mixed-use buildings on commercial, industrial, or religious property if at least 40% of units are affordable rentals for 30 years.
- Prohibits local governments from using setbacks or stepbacks to lower the maximum height allowed for these new developments below specific limits.
- Sets a minimum building height limit based on nearby existing buildings within one mile or three stories, whichever is higher.
- Allows developers to combine neighboring land parcels into one project if they are under common ownership and separated by no more than 15 feet of public pedestrian access.
- Permits local governments to offer extra density bonuses to landowners who donate property for affordable housing for military families.
Who it affects
- Counties that manage zoning rules
- Developers proposing multifamily or mixed-use residential projects
- Religious institutions owning properties with houses of worship
- The Office of Program Policy Analysis and Government Accountability
Limits and unknowns
- The rule allowing developers to combine neighboring land parcels expires on July 1, 2030.
- Height restrictions may be stricter if the new building is next to an area with at least 25 single-family homes or inside a historic district listed before January 1, 2000.
Plain language
Terms to know
- Multifamily development
- A building or project that contains multiple separate housing units, such as an apartment complex.
- Mixed-use residential
- A property where at least 65% of the space is used for living and no more than 10% can be used for non-residential purposes like shops or offices.
- Setbacks and stepbacks
- Rules that require buildings to stop rising in height as they get taller, effectively limiting the total size of a structure.
Official record
Sources
Official summary
Affordable Housing
Official activity
Bill history
- Chapter No. 2026-179; Companion bill(s) passed, see SB 962 (Ch. 2026-163)