Which local height, setback, and stepback rules can Florida counties and cities still use after H1389?
Short answer
Florida's House Bill 1389 tells counties and cities they may not use certain dimensional controls to restrict the height of certain covered developments. It also says local governments may not require specified setbacks or stepbacks for those developments. However, the exact scope of what remains depends on how the enrolled bill defines key terms, and the main source material does not fully break down every remaining local rule.
What the bill says
The enrolled text of H1389 establishes that counties and municipalities must authorize multifamily and mixed-use residential uses for specified property. On the dimensional side, the act says local governments may not use other dimensional controls to restrict the height of certain covered developments and may not require specified setbacks or stepbacks for those developments.
The critical limitation here is the word "certain." The law does not appear to strip every local dimensional control from every type of project. Instead, it targets specific covered developments meeting the bill's definitions. The enrolled bill text controls the exact meaning of terms like "covered development," "specified property," and "dimensional restriction."
How it works in practice
Based on what the main article explains, the situation breaks down roughly like this:
- Height rules: For developments that qualify as "covered" under the act, counties and cities may not use dimensional controls to cap the height. For projects that do not meet the definition of a covered development, existing local height rules may still apply.
- Setbacks and stepbacks: The act says local governments may not require "specified" setbacks or stepbacks for covered developments. Again, this language suggests a defined category rather than a blanket removal of all setback authority.
Because the enrolled text is the controlling legal document, anyone trying to figure out exactly which rules still apply on a particular parcel would need to check whether the project qualifies as a covered development and whether a given local rule qualifies as a restricted dimensional control under the act's definitions. The main source article notes that these questions can be answered only by reading the complete act and any future local procedures.
The bill also lets certain applicants submit revised applications and written requests to account for the act's changes, which suggests the process for navigating these rules may shift for projects filed before or during the law's implementation.
What the source does not answer
The main article is clear that it does not quantify how many developments will fall under the covered category. It does not list every specific local ordinance that would be preempted or left intact. It does not explain whether counties and cities retain the ability to impose height or setback conditions through alternative legal mechanisms not classified as dimensional controls under the act. Future local procedures and the full enrolled text are needed to answer those finer points.