All Democrats voted against the bill, sponsored by Hialeah Republican Rep. David Borrero, who framed the legislation as a capitalistic way to improve housing affordability in Florida while costing taxpayers nothing.<\/p>\n
Six Republicans joined them: Reps. Fabi\u00e1n Basabe of Miami Beach, Erika Booth of St. Cloud, Linda Chaney of St. Pete Beach, Jim Mooney of Islamorada, Rachel Plakon of Lake Mary and David Smith of Winter Springs.<\/p>\n
Borrero argued HB 399 addresses the root supply-and-demand imbalance, which he blamed on obstructive local strictures.<\/p>\n
\u201cIf you let the free market work, you\u2019re going to substantially reduce the cost of housing, and that\u2019s the problem,\u201d he said.<\/p>\n \u201cYou have local government regulations that are preventing people from supplying inventory to a much-needed market. You don\u2019t have enough land, and you don\u2019t have enough housing to meet the demand. And that\u2019s why the cost of housing has skyrocketed.\u201d<\/p>\n Under HB 399, counties and municipalities beginning in 2027 would have to ensure development application fees \u201creasonably relate\u201d to actual review costs, publish those fees and stop basing them on construction value or project valuation \u2014 meaning fees must reflect processing costs, not a project\u2019s price tag.<\/p>\n The bill would also require administrative approval of minor special exceptions or variances for qualifying large destination resorts \u2014 defined as public lodging establishments of at least five contiguous acres under common ownership, with 500 or more guest rooms and a three-year average occupancy rate of at least 70% \u2014 without further quasi-judicial review.<\/p>\n HB 399 would require local comprehensive plans and land development regulations to adopt objective compatibility standards for residential uses, bar denials based solely on vague concepts like \u201ccommunity character,\u201d and mandate detailed written findings explaining any incompatibilities and why proposed mitigation is insufficient.<\/p>\n For amendments to future land use elements of comprehensive plans, the bill would cap the voting threshold at a simple majority of the governing board, overriding stricter local supermajority requirements.<\/p>\n That change is needed, Borrero said, \u201cbecause that\u2019s what official governments do.\u201d<\/p>\n \u201cCan you imagine if every action by a local government required a supermajority or a unanimous vote?\u201d he said. \u201cYou wouldn\u2019t be able to get anything done.\u201d<\/p>\n Borrero argued that supermajority requirements tied to environmental protections have worsened the housing affordability crisis. He said there is effectively no land left to build on in Miami-Dade, despite visible<\/a> construction activity<\/a> and news<\/a> stories<\/a> galore<\/a> about a continued development boom in the county.<\/p>\n HB 399 wouldn\u2019t eliminate all supermajority thresholds, which generally apply to decisions with significant environmental or topographic impacts.<\/p>\n The measure would also expand placement rights for certain manufactured and off-site constructed homes, requiring they be allowed as of right in single-family zoning districts, and direct a state study on the effects of removing urban development boundaries (UDB<\/a>).<\/p>\n That includes a long-contested UDB protecting the Everglades and other sensitive lands in Borrero\u2019s home county of Miami-Dade, where Mayor Daniella Levine Cava and preservationists have worked<\/a> in recent years<\/a> to stop<\/a> multiple efforts<\/a> to erode the barrier.<\/p>\n Notably, the version Borrero brought to the floor is far broader than the one he filed in November, which largely addressed compatibility definitions, residential fees, infill housing protections and the UDB study.<\/p>\n It also differs from a Senate version of the legislation (SB 208<\/a>) by Ocala Republican Sen. Stan McClain, which lacks provisions applying to large destination resort variances and votes for land-use plan amendments.<\/p>\n SB 208, which received just one \u201cno\u201d vote in three committee stops, now awaits a floor vote. McClain can table SB 208 in favor of HB 399, amend his bill to match the House bill\u2019s language or amend HB 399\u2019s language to match that of SB 208, which would require another House floor vote.<\/p>\n Prior to the House floor vote Tuesday, Borrero amended HB 399 with technical language clarifying that manufactured homes can be placed in recreational vehicle lots and trailer parks. The chamber also rejected two amendments by Orlando Democratic Rep. Anna Eskamani, one of which would have eliminated the bill\u2019s language on land-use plan vote thresholds.<\/p>\n Eskamani explained that, as written, HB 399 would undo the wishes expressed by 73% of Orange County voters<\/a> in 2024, who approved a charter amendment requiring a majority-plus-one vote to remove property from its rural boundary or increase density and intensity in that area.<\/p>\n Borrero called that proposal and another aimed at swapping his bill\u2019s language with that from an unrelated bill (SB 840<\/a>, HB 1465<\/a>) focused on local governance of hurricane-impacted areas \u201cunfriendly.\u201d<\/p>\n Miami Gardens Democratic Rep. Felicia Robinson pushed back against Borrero\u2019s description of HB 399 being a tool to improve affordability. The bill, she said, is instead a gift to developers intent on building in areas now prohibited under local rules.<\/p>\n \u201cIf communities actually vote to secure a certain area, we should not at the state level preempt it,\u201d she said, adding that if Borrero and others in the House want to change local rules for local land use, \u201cthen maybe you should run for local government and correct it there. They do have standards.\u201d<\/p>\n![\"\"](\"https:\/\/www.newsbeep.com\/us-fl\/wp-content\/uploads\/2025\/10\/20-MHD-Florida-Politics-V1_1-728x90-1.png\")
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<\/a>Hialeah Rep. David Borrero has advanced and passed multiple bills affecting land use regulations across Florida. Image via Colin Hackley\/Florida Politics.<\/p>\n![\"\"](\"https:\/\/www.newsbeep.com\/us-fl\/wp-content\/uploads\/2026\/01\/MAA-2502_EduRefresh_DigitalSponsorship_SafeEffec_FL_728x90_Final.jpg\")
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<\/a>As she also did during the committee process, Miami Democratic Rep. Ashley Gantt voiced opposition to HB 399, particularly its provisions related to local supermajority votes and Miami-Dade County\u2019s Urban Development Boundary. Image via Florida House.<\/p>\n