Menu

Florida Legislature and Governor DeSantis Ease Path to Approve Affordable Housing

Government Law & Consulting   |   Real Estate   |   June 11, 2020
Download   
Share Page

On June 10, Gov. Ron DeSantis signed HB 1339 into law, making it easier to develop affordable housing throughout Florida. A notable provision within the pages of HB 1339, now Chapter 2020-27, Laws of Florida, allows cities and counties to approve affordable housing developments on any parcel of property zoned for residential, commercial, or industrial use, “notwithstanding any other law or local ordinance or regulation to the contrary.”

In theory, this new provision streamlines the process to approve affordable housing developments by removing the hurdle of rezoning property that previously did not specifically provide authorization for any kind of residential development. Similarly, HB 1339 could also be used as a defense if opponents to a newly approved affordable housing development attempted to challenge the development by arguing the approval was inconsistent with the local government’s comprehensive plan or that the approval was somehow “spot-zoning.”

Although any decision to approve new affordable housing developments will still be up to the local government, HB 1339 provides what may become a less burdensome path to increase much needed affordable housing stock throughout Florida.

For more information on the remainder of HB 1339, or any other 2020 Florida legislation, please refer to Carlton Fields’ 2020 Florida Legislative Post-Session Report, or contact the author of this article or any member of the Carlton Fields Government Law and Consulting Practice.


©2020 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.

Subscribe to Publications

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.