Dear Colleagues and Friends,

The 2026 Florida Legislative Session commenced on Tuesday, January 13, with over 1,700 pieces of legislation filed. During the 60-day session, many of these bills will be considered, potentially impacting your business or industry in various ways. 

Each week, the Rotunda Report will provide a high-level summary of what occurred in Session during the prior week. A practicing attorney in the related industry will also provide a deeper analysis of a single piece of legislation in our Legislation Spotlight. In Week 1’s Legislation Spotlight, Stearns Weaver Miller attorney Brian McDonough provides an analysis of the major affordable housing bills that have been filed. 

WEEK 1 RECAP

Bills previously discussed in the Rotunda Report that were heard this week include the below. If a bill has moved in committee as of the date of this alert, it is noted. If there is no update, the bill has yet to reach its first committee stop. 

• Blue Ribbon Projects: SB 354 filed by Sen. McClain/HB 299 filed by Rep. Melo - Creates a framework for a new type of planned community known as a “blue ribbon project.” To qualify, a project must include 10,000 acres of contiguous land, of which no less than 60 percent must be set aside in reserve for environmental conservation, parks and recreation, productive agriculture, and other similar uses. SB 354 was voted favorably out of the Community Affairs Committee on Tuesday, January 13. The bill is now headed to the Appropriations Committee on Transportation, Tourism and Economic Development. HB 299 was voted favorably out of the Intergovernmental Affairs Subcommittee on December 11. The bill is now headed to the Commerce Committee.
• Land Use Compatibility: SB 208 filed by Sen. McClain/HB 399 filed by Rep. Borrero – Amends the Community Planning Act and seeks to facilitate residential development by making the development permit and development order application process less costly. The bill also makes it harder for local governments to deny applications due to a lack of compatibility by requiring them to issue specific and objective reasons for such denials. SB 208 was voted favorably out of the Judiciary Committee on Monday, January 12 and is now headed to the Rules Committee.
• Burdensome Regulations: SB 840 filed by Sen. DiCeglie – The bill seeks to narrow the scope of provisions in SB 180 (2025) that restricted local governments from enacting more burdensome or restrictive land use regulations in response to the 2024 Hurricane Season. SB 840 was voted favorably out of the Community Affairs Committee on Tuesday, January 13. The bill is now headed to the Judiciary Committee.
• Community Association Management: SB 822 filed by Sen. Gruters/HB 465 filed by Rep. Nix – The bill requires owners associations with an annual budget greater than $500,000.00 to contract with a licensed community association management firm. HB 465 was voted favorably out of the Housing, Agriculture, and Tourism Subcommittee on Tuesday, January 13. The bill is now headed to the Commerce Committee.

LEGISLATION SPOTLIGHT:

AFFORDABLE HOUSING BILLS

Given the national conversation surrounding affordability and as Florida still faces a housing shortage according to a recent OPPAGA report, legislators have filed a handful of bills addressing affordable housing. 

Affordable Housing 

• Accessory Dwelling Units: SB 48 filed by Sen. Gaetz/HB 313 filed by Rep. Nix – Requires cities and counties to enact ordinances to allow accessory dwelling units (ADUs) in all single-family residential areas. SB 48 was voted favorably out of the Appropriations Committee on Transportation, Tourism, and Economic Development on Wednesday, January 14. The bill is now headed to the Rules Committee. HB 313 was voted favorably out of the Housing, Agriculture & Tourism Subcommittee on Wednesday, December 10. The bill is now headed to the Ways & Means Committee. 
• Affordable Housing and Taxes: SB 756 filed by Sen. Davis/HB 675 filed by Rep. Driskell – Extends the amount of time from 30 years to 50 years in which certain rental units must remain affordable in order to qualify for a specified zoning variance. The bill also directs incentives specifically toward the development of affordable housing, lowers the maximum median income threshold from 120% to 100% to determine eligibility for certain property tax exemptions, and reduces costs for families by eliminating the documentary stamp tax for certain first-time homebuyers.
• Qualifying Principals for Affordable Housing Projects: SB 1348 filed by Sen. Calatayud/ HB 489 filed by Rep. Owen – Creates new definitions in Chapter 420 for “qualifying principals” and “demonstrated capacity.” The new definitions impact the existing definition of “sponsor” in the context of the entity seeking to build an affordable housing project. 
• Affordable Housing Property Tax Exemption: SB 1350 filed by Sen. McClain – Creates new definitions and substantially alters various provisions in the affordable housing statutes. 
• Defines “LURA” (land use restriction agreement) requiring a minimum 3-year term and use for income-restricted housing.
• Shortens “newly constructed” from improvements completed within 5 years to within 2 years prior to requesting certification.
• Lowers the minimum size of a qualifying multifamily project from 70 to 50 units.
• Revises the eligibility requirements for units rented to households up to 120% of area median income allowing for a 1-year exemption of 75% of the assessed value after the certificate of occupancy is obtained.
• Allows a 75% exemption on certain units for households in the 80%-120% AMI range, and a full exemption on units for households below 80% AMI, when subject to a LURA or meeting ongoing affordability conditions.
• Establishes annual compliance reporting and presumes eligibility for LURA-covered units that meet rent and income limits approved by the Florida Housing Finance Corporation.
• Authorizes property appraisers to issue verification letters for proposed projects meeting affordable housing criteria and clarifies continuing exemption eligibility with successive owners.
• Revises the process and timeframe for local governments to opt out of certain partial exemptions and updates the conditions under which multifamily projects remain exempt despite ordinance changes.
• Adjusts the deadline for the Shimberg Center’s annual housing report submission from December 31 to September 30.

Live Local Act

Three years ago, the Live Local Act represented a landmark shift in Florida's approach to affordable and workforce housing development. It has been described as the most aggressive state-level housing reform effort in the nation. As we detailed in our initial analysis, Senate Bill 102 (2023) introduced groundbreaking incentives for affordable and workforce housing development, including preemptions against certain local government regulations. 

The Act underwent significant amendments in early 2024 through Senate Bill 328, summarized here, and again in 2025 through Senate Bill 1730, summarized here. These amendments refined several provisions and addressed concerns raised by local governments and stakeholders during the initial implementation phase of the Live Local Act. However, for the development industry, the amendments were a mixed-bag of both positive and negative changes. Legislators are continuing to address concerns through additional bills filed this session, including the bills filed below.

• Live Local Opt-Out Provision: SB 1520 filed by Sen. Calatayud – Revises the applicability of the Live Local ad valorem opt-out provision available for certain taxing authorities. 
• Requires a local government to demonstrate there is a housing surplus for three years using Shimberg data prior to enacting an opt-out ordinance. 
• Seeks to “grandfather in” projects receiving a final site plan approval in the preceding year to receive an ad valorem exemption regardless of if the local government opts-out. 
• Clarifies that the owner receiving the exemption, or subsequent owners, can continue to receive the exemption.
• Live Local Land Use and Tax Provisions: HB 1389 filed by Representative Redondo – Requires local governments to allow multifamily and mixed-use residential housing in specified areas if affordability criteria are met and eliminate certain parking requirements for such developments.
• Mandates that counties and municipalities must authorize multifamily and mixed-use residential in commercial or industrial areas, including parcels near transit stops and major transportation hubs, if a portion of the development is reserved as affordable housing for moderate- or low-income households.
• Removes local zoning and land use barriers, such as special exceptions or plan amendments, for buildings that meet the required affordable housing thresholds.
• Eliminates parking requirements for qualifying developments located within one-quarter mile of a transit stop, within one-half mile of a major transportation hub, or within recognized transit-oriented developments.
• Live Local Land Use Provisions: SB 1548 filed by Sen. Calatayud – Seeks to implement reforms to the land use provisions impacting Live Local projects. 
• Expands the categories of land uses to specifically include lands owned by a county, municipality, or school district, as qualifying under Live Local as long as such land is within the same county, and requires that the local government be a party to the application for the proposed development. 
• Prohibits local governments from arbitrarily impacting heights and setback requirements for Live Local projects through non-direct means. 
• Carves out farms and farm operations from the definition of commercial and industrial as defined under the Live Local Act.
• Allows for Live Local projects near airports upon approval by the governing body of the airport. 
• Amends the Florida Fair Housing Act by clarifying that local government cannot discriminate against affordable housing developments. 
• Allows counties and municipalities to adopt ordinances providing partial or full ad valorem tax exemptions for qualifying affordable housing units in multifamily projects or accessory dwelling units.

The Government Affairs Team at Stearns Weaver Miller will continue to monitor all aspects of Florida affordable housing legislation, including the proposed bills above, as the 2026 Florida Legislative Session continues.