Florida legislators produced a broad land-use law intended to increase housing construction by reducing the regulatory power of local governments.
The question is: how does it affect Jacksonville?
City officials say they are assessing the impact and contemplating changes that will need to be made in local planning and zoning laws to comport with the new law.
Key Provisions of the law
- Fee transparency: Local governments must tie development fees to the actual cost of project reviews.
- Objective standards: They must adopt more objective criteria for determining if a project is compatible with its surroundings.
- Written justifications: If a proposal is denied, officials must provide a written explanation.
- Conflict resolution: Cities are directed to identify potential conflicts earlier in the process and suggest resolutions rather than issuing outright rejections.
- Large destination resorts: A controversial provision allows specific large-scale projects — such as a planned pool deck overhaul at the Fontainebleau hotel in Miami Beach — to bypass traditional local review processes.
Opposition to the bill came primarily from Democrats and local government officials, who argued that it undermines “home rule.”
It passed the House 71-38 with “nay” votes from 30 Democrats and only eight Republicans. Similar fault lines were in the Senate vote for approval.
Miami Beach area Democrats were especially vehement in opposition. The Miami Beach Commission is contemplating a court challenge to the provisions that allow resorts to bypass local oversight.
Local governments are required to approve minor special exceptions or variances for these resorts for maintenance or refurbishment. This provision will “sunset” (expire) on July 1, 2030.
HB 399 is one of several ways state leaders are trying to overrule local zoning authority in order to spur housing construction – one antidote to “unaffordable” housing.
One key provision explicitly prohibits local governments from denying building permits for manufactured homes in areas zoned for single-family homes, requiring them to be permitted “as of right.”
That should help with the affordability problem local politicians claim exists in Jacksonville, as it would promote more low-cost manufactured homes. But it may cause heartburn for city planners who like to direct how and when development occurs.
Requiring development permit fees to be based on the actual cost of review and published in a fee schedule, instead of being a percentage of the construction cost, also should lower costs.
HB 399 requires local governments to adopt more objective standards for evaluating whether projects are compatible with surrounding areas and provide written justifications when denying proposals.
It also directs cities and counties to identify potential conflicts earlier in the review process and suggest ways to resolve them, rather than rejecting applications outright.
Environmental groups and local leaders from Miami-Dade claim the preemption of local zoning authority would lead to development encroaching on protected wetlands.
Business groups and other supporters argued it will provide more housing inventory by reducing regulatory barriers.
On its face, the new law seems to fit with what Mayor Donna Deegan has said is her preference — to streaming the governmental process and make it easier and less expensive to build homes, rather than just handing people money to pay their rent.
