Overview
- House Bill 1389 passed 98–4 in the House and 35–0 in the Senate on March 13 and now awaits Gov. Ron DeSantis’s action, with an effective date of July 1, 2026 unless vetoed.
- All state-defined affordable housing is now protected under the Florida Fair Housing Act, with an express waiver of sovereign immunity that allows developers to sue government entities for discriminatory treatment.
- The ‘missing middle’ property‑tax exemption vests at building permit and local opt‑outs now require three consecutive years of documented surplus, with eligibility preserved for permits issued within four years before any opt‑out takes effect.
- Eligible sites expand to government‑owned land with the public owner as co‑applicant and to qualifying religious properties of at least three acres with a house of worship operating on site for 10 or more years.
- Technical changes clarify multifamily to include horizontal or multi‑parcel projects within 200 feet, bar use of setbacks or stepbacks to limit height, allow projects in specified airport‑impacted areas with airport approval, and leave an ADU–short‑term‑rental dispute unresolved.