Florida House Bill 399 Becomes Law: What It Means for Local Governments and Development

On March 27, 2026, Governor Ron DeSantis signed Florida HB 399 into law (Chapter 2026‑7, Laws of Florida, with various provisions taking effect on different dates), enacting some of the most consequential changes to Florida’s land use and development framework in recent years. The Bill narrows local government discretion over development review, fees, and compatibility determinations, while expanding developers’ statutory rights.

Supporters characterize the Bill as a necessary response to Florida’s persistent housing affordability and supply challenges. Critics of the Bill, including many local governments, argue that it represents a sweeping preemption of home rule authority. Either way, the law has immediate and long-term implications for planners, elected officials, developers, and property owners across the state.

Impacts

The Bill includes revisions to compatibility requirements between proposed developments and surrounding land uses. Comprehensive plans and land development regulations must now include objective compatibility factors and measures to mitigate or minimize incompatibility, rather than relying on subjective or discretionary standards. It also requires local government staff reviewing an application for rezoning, subdivision, or site plan approval, for example, to identify each area of incompatibility with specificity before recommending denial of that application. Any denial must include written findings explaining why mitigation is inadequate and why no feasible alternatives exist.

The Bill creates equal treatment for manufactured homes and off-site constructed dwellings. It prohibits local governments from denying building permits for residential manufactured buildings based solely on their construction method, provided they comply with applicable codes. Additionally, off‑site constructed residential dwellings must be permitted “as of right” in zoning districts where comparable site‑built housing is allowed. These provisions are intended to be a tool for addressing affordability and workforce housing needs.

The Bill also addresses the following:

• Costs of Development Permits – Requiring application fees for development permits and development orders be reasonably related to the direct and indirect costs of review and processing. Local governments are expressly prohibited from calculating these fees based on a percentage of construction costs, site value, or total project valuation.
• Administrative Approval for Renovating Large Resorts – One of the Bill’s most controversial elements was creating an administrative approval process for certain minor special exceptions or variances associated with qualifying “large destination resorts” without public hearings or additional discretionary review if statutory criteria are met.

How Becker Can Help

We are continuing to monitor the impacts of this legislation. Please contact Katie Berkey, Esq., AICP with any questions.