Florida 2026 Legislative Session: New Laws Facilitating Development

The 2026 Florida Legislative Session concluded with a suite of legislation that materially reshapes the balance between state preemption and local land use authority, with many of the new laws designed to facilitate development. Whether through restricting how local governments regulate post-disaster rebuilding, expanding Live Local Act applicability, curbing subjective denial standards on development applications or creating an entirely new pathway for infill housing on environmentally impacted sites in South Florida, these laws collectively offer the development community new tools, new leverage and new procedural pathways.

This Holland & Knight alert provides a high-level overview of the four most significant laws and their practical implications for developers and landowners. Detailed analyses of each law – including statutory text, litigation updates and application strategies – are linked below.

HB 1389: Live Local Act 4.0

House Bill (HB) 1389 is the fourth major update to Florida's Live Local Act. Effective July 1, 2026, it broadens the range of eligible sites, further limits how local governments can restrict building height, and extends eligibility to certain government-owned and religious institution-owned properties.

Expanded Eligibility: Publicly Owned Land and YIGBY

Live Local eligibility now extends beyond commercial, industrial and mixed-use zones. Two new categories qualify: 1) land owned by a county, municipality or school district, and 2) parcels over 3 acres owned by a religious institution with an active house of worship for at least 10 years. The YIGBY (Yes in God's Backyard) expansion is now a state mandate, unlike last year's version, where it was an optional tool. It still requires that at least 40 percent of units be affordable rentals locked in for at least 30 years.

Further Limits on Local Dimensional Controls

In response to how some local governments have been using setbacks and stepbacks to indirectly limit how tall Live Local projects can be, HB 1389 closes that door: Setbacks and stepbacks tied to building height cannot be used to reduce a project below its entitled height.

Adjacency to Single-Family Neighborhoods

There is still a buffer for established single-family neighborhoods. If a project borders a neighborhood of at least 25 contiguous homes on two or more sides, the municipality can cap height at 150 percent of the tallest adjacent building, the maximum height otherwise permitted, or three stories, whichever is greatest, subject to a hard cap of 10 stories.

Agriculture Exclusion Clarified

The Act now explicitly carves out farms and farm operations, including on-site packaging and sales, from the definitions of "commercial use" and "industrial use." This addresses concerns about agricultural land being reclassified as eligible for Live Local development based on last year's iteration.

Antidiscrimination Provisions

HB 1389 also strengthens the Florida Fair Housing Act by prohibiting local governments from discriminating against developments based on their financing sources, such as affordable housing funding, and waives sovereign immunity so that developers can sue governmental entities that engage in such discrimination.

Actionable Takeaway

The Live Local Act remains a potent tool for developers seeking to bypass the public hearing process or obtain greater density, intensity or height than would otherwise be permitted. This fourth version builds upon the definitions from last year and adds new categories of eligible land.

Read our full analysis of Live Local Act 4.0.

HB 399: Development Review and Compatibility Standards

HB 399 is a broad land use reform designed to rein in local government discretion across four key areas: development application fees, residential compatibility standards, large destination resorts and off-site constructed housing. Most provisions take effect on January 1, 2027.

Mandatory Objective Compatibility Standards

HB 399 requires every local government to adopt objective, measurable criteria in its comprehensive plan and land development regulations for evaluating whether a proposed residential use is compatible with surrounding development. Staff must now identify each specific incompatibility before recommending denial and may suggest mitigation to the applicant. If the applicant offers mitigation, the local government can deny the application only by issuing written findings that the mitigation is inadequate and no workable alternative exists. Catchall objections such as "community character" or "neighborhood feel" are no longer sufficient, standing alone, to support a denial.

Burden Shift on Denials

In short, every denial must now be in writing, identify each specific problem, and explain why the applicant's mitigation fell short or why no mitigation could work. The burden has shifted to local governments.

Development Application Fees

Application fees must now reflect the government's actual review costs and be posted on a public fee schedule. Charging a percentage of construction cost or project value is banned.

FontaineBleau Water Slide/Administrative Approval for Large Destination Resorts

Large destination resorts – defined as properties on 5-plus contiguous acres with 500-plus guest rooms and 70 percent or higher average occupancy – can now obtain minor variances and special exceptions through administrative approval alone, with no public hearing required. This provision sunsets July 1, 2031.

Off-Site Constructed Residential Dwellings

Modular and manufactured homes treated as real property must now be permitted as of right in every zoning district that allows single-family detached homes. Local governments must apply the same rules to factory-built and site-built homes – any regulation that treats them differently is void.

Read our full analysis of HB 399.

SB 1434: South Florida Infill Redevelopment Act

SB 1434, the Infill Redevelopment Act, creates a new pathway for residential development on environmentally impacted land in Florida's most densely developed tri-county area. The premise is simple: South Florida is running out of developable land, contaminated parcels sit idle because of regulatory complexity, and clearing them for housing serves both environmental cleanup and housing supply goals.

Limited Geographic Application

The bill applies only to Miami-Dade, Broward and Palm Beach Counties – the only counties that currently meet both the population and municipality-count thresholds.

Qualifying Parcels

A site qualifies if it is at least 5 acres, next to a parcel zoned for residential use and meets one of two environmental tests: contamination above residential cleanup levels (per Phase II assessment data) or location within a designated brownfield area. Excluded sites include agricultural land, public parks, land outside the urban growth boundary, land near military installations, and current or recently owned utility property.

Administrative Approval and Development Standards

Qualifying parcels must be allowed for residential development regardless of existing zoning. Density is limited to the lesser of 1) the average density permitted in all adjacent residential zoning districts or 2) 25 units per acre. Projects that meet the requirements receive administrative approval with no public hearing. Standard architectural design rules still apply, but they cannot be used to reduce density or intensity below what the statute guarantees.

Buffering Requirements

When a qualifying parcel borders single-family homes or townhouses on all sides, the developer must maintain a 20-foot buffer – either open space or passive recreation – between the new project and existing residences.

Recreational Facilities Protections

If the site includes recreational facilities next to single-family homes on all sides, additional conditions apply: The facilities must have been out of operation for at least 12 consecutive months, the developer must pay double the parks impact fee, and adjacent homeowners must receive 90 days' written notice and an opportunity to purchase the recreational land.

Preemption

Any conflicting local rule is preempted, and courts must read the Act broadly in favor of development.

Actionable Takeaway

Start with a parcel inventory: Brownfield-designated sites and parcels with documented contamination above residential cleanup levels are the clearest candidates. The administrative-approval pathway takes discretionary politics out of the equation, and the density cap may support meaningful multifamily projects.

Read our full analysis of SB 1434.

SB 180: Emergency Powers and the Retroactive Freeze on "More Burdensome or Restrictive" Regulations

Senate Bill (SB) 180, enacted in 2025, remains one of the most consequential land use statutes in recent Florida history. Despite ongoing litigation challenging the law, the Legislature did not pass during the 2026 Regular Session any of the measures designed to amend or repeal its provisions restricting local government authority in certain land use matters following a declaration of emergency. Thus, the controversial statute remains fully in effect.

What the Freeze Does

SB 180 works on two tracks:

• Track One. For one year after any future hurricane makes landfall, counties within 100 miles of the storm track (and every city within those counties) cannot impose construction moratoria or adopt stricter plans or review procedures.
• Track Two (more broadly applicable). This is a blanket freeze on more burdensome or restrictive measures, running retroactively from August 1, 2024, through October 1, 2027. It covers every county included in the federal disaster declarations for hurricanes Debby, Helene and Milton. This includes virtually every county in Florida. Any stricter land use regulation adopted during that window is void from the start – no repeal required.

Enforcement with Teeth

SB 180's enforcement mechanics are significant for developers. Residents, businesses and, in some cases, any person, can sue to block a noncompliant local action and recover attorneys' fees. The process is straightforward: Send a 14-day notice and, if the local government does not back down, a court can issue a preliminary injunction halting the challenged action while the case plays out. That timeline alone is likely to discourage municipalities from defending questionable measures.

Litigation Update

Approximately 25 cities and counties sued the state, asserting home rule, single-subject and vagueness challenges. In February 2026, the court dismissed nearly all claims except unfunded mandates. The surviving unfunded mandate count remains pending.

Actionable Takeaway

Treat SB 180 as the law of the land through at least October 1, 2027. Review new regulations to use it defensively to shield pending projects from new restrictions or potentially offensively as part of your application to challenge a local action adopted after August 1, 2024, that makes your project's approval more difficult or costly.

Read our full analysis of SB 180.

Next Steps

These four enactments reflect the Florida Legislature's continued and accelerating effort to remove local barriers to development and housing production. Developers, landowners and their advisors should evaluate how each of these laws applies to their existing portfolios and prospective projects now before local governments finish adapting their codes and procedures to the new landscape. Holland & Knight's Florida Land Use Team is available to assist with site-specific analysis, entitlement strategy and enforcement of the new statutory protections.

For questions about any of the laws discussed above, please contact the authors.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.