Florida law sets housing rules for some commercial and public land

Counties and cities must allow certain multifamily and mixed-use housing projects in specified areas. The rules cover qualifying multifamily and mixed-use projects on commercial, industrial, or mixed-use land; certain flexible-use areas; public property; and religious property over three acres with a place of worship for at least 10 years. At least 40 percent of a multifamily project's homes must be rentals that remain affordable for at least 30 years. At least 65 percent of a mixed-use project's floor space must be for housing, and local governments may not require more than 10 percent for other uses. For local-government or school property, the relevant government must join the application and the project must be within its boundaries. For religious property, the institution must join the application and keep its place of worship operating. The rules do not apply in specified places, including airport-impacted areas, certain open-space areas, areas of critical state concern, or land under a recorded conservation agreement. The act takes effect July 1, 2026. The rule covering nearby parcels separated by a narrow strip for public walking access expires July 1, 2030.

Counties and cities may not set certain height limits or require stricter setbacks for covered projects. These rules apply to housing projects covered by the county and city provisions. In general, the allowed height cannot be below the higher of three stories or the height allowed for a nearby commercial or residential building under current rules or rules from July 1, 2023. Different limits may apply near large single-family neighborhoods and historic properties. Near some large neighborhoods, a local government may limit a project to no more than 10 stories. The act takes effect July 1, 2026.

A taxing authority may choose not to grant a specified property tax exemption in certain counties. The option concerns a specified property tax exemption for qualifying affordable housing property in counties that meet the report-based condition. The governing body must approve the choice by a two-thirds vote and find that recent housing reports show more affordable and available units than renter households in the relevant area for each of the previous three years. The choice applies only to that authority's property tax levies in the specified county. Owners already receiving the exemption may continue to qualify, and some recently permitted projects may also qualify. The act's amendments to this section first apply to the 2027 property tax roll. The act's amendments to this section first apply to the 2027 property tax roll. An adopted local choice takes effect the next January 1 and expires on the second January 1 after that.

Local governments may offer extra building density for donated land, and a state policy office must study housing options and report to lawmakers. The density option may support affordable housing, including housing for military families receiving a housing allowance. The study covers affordable owner-occupied housing and tiny homes in Florida. A landowner must freely give full ownership of property. The local government must find it suitable for affordable housing and place deed limits on its use. The study must cover short-term, second-position loans for affordable owner-occupied homes and the potential of tiny homes. The office must consult the Florida Housing Finance Corporation and the University of Florida's Shimberg Center for Housing Studies. The act takes effect July 1, 2026. The office must send its report by December 31, 2027.

The law bars certain housing discrimination in land-use decisions and permits, and requires courts to order relief for proven discriminatory housing practices. The provisions concern land-use decisions, development permits, and court actions over discriminatory housing practices. The rule covers discrimination based on listed personal traits or, except where another law provides otherwise, on a development's source of financing, including affordable housing. Court-ordered relief may include orders to stop the practice, other fair remedies, damages, and reasonable legal fees and costs. The stated waiver of state and local government immunity is limited to actions under this section. The act takes effect July 1, 2026.