(1) As used in this section, the term:(a) “Local government” means a county or municipality.
(b) “Off-site constructed residential dwelling” means:1. A manufactured building, as defined in s. 553.36, intended for single-family residential use; or which is constructed, in whole or in part, off site and is treated as real property.
(2)(a) An off-site constructed residential dwelling must be permitted as of right in any zoning district where single-family detached dwellings are allowed.
(b) A local government may not adopt or enforce any zoning, land use, or development regulation that treats an off-site constructed residential dwelling differently or more restrictively than a single-family, site-built dwelling allowed in the same zoning district.
(c) This section does not prohibit a local government from applying generally applicable architectural, aesthetic, design, setback, height, or bulk standards, provided such standards are applied uniformly to all single-family dwellings in the same zoning district.
(d) Compatibility or design standards must be reasonable, may not have the effect of excluding off-site constructed residential dwellings, and, if adopted, must apply equally to single-family, site-built dwellings. Such standards are limited to:1. Roof pitch.
2. Minimum square footage of livable space.
3. Type and quality of exterior finishing materials.
4. Foundation enclosure.
5. Existence and type of attached structures.
6. Building setbacks, lot dimensions, and orientation.
(e) A local government may not regulate or restrict an off-site constructed residential dwelling based solely on:1. The method of construction;
2. The location of construction; or
3. The presence of components constructed off site.
(3) A local government may not adopt or enforce any ordinance, regulation, or policy that conflicts with this section or s. 553.38, or that has the effect of excluding off-site constructed residential dwellings. Any such ordinance, regulation, or policy is void and unenforceable as applied to off-site constructed residential dwellings. (4) Local government regulations must be reasonable and uniformly enforced without distinction as to housing type.
1Note.—As created by s. 8, ch. 2026-7. For a description of multiple acts in the same session affecting a statutory provision, see preface to the Florida Statutes, “Statutory Construction.” Section 553.385 was also created by s. 6, ch. 2026-63, and that version reads:553.385 Permitting and zoning of offsite-constructed residential dwellings; parity.—
(1) As used in this section, the term:
(a) “Local government” means a county or municipality.
(b) “Offsite-constructed residential dwelling” means a manufactured building as defined in s. 553.36(13) which is intended for single-family residential use, or a manufactured home as defined in s. 320.01(2)(b) which is constructed in whole or in part offsite and is treated as real property.
(2)(a) An offsite-constructed residential dwelling must be permitted as of right in any zoning district where single-family detached dwellings are allowed.
(b) A local government may not adopt or enforce any zoning, land use, or development regulation that treats an offsite-constructed residential dwelling differently or more restrictively than a single-family site-built dwelling allowed in the same district.
(c) This section does not prohibit a local government from applying generally applicable architectural, aesthetic, design, setback, height, or bulk standards to offsite-constructed residential dwellings, provided such standards apply equally to site-built single-family dwellings permitted in the same district. A local government may adopt compatibility standards that are limited to the following architectural features:
1. Roof pitch.
2. Square footage of livable space.
3. Type and quality of exterior finishing materials.
4. Foundation enclosure.
5. Existence and type of attached structures.
6. Building setbacks, lot dimensions, and the orientation of the home on the lot.
(d) A local government may not treat offsite-constructed residential dwellings differently than factory-built buildings subject to s. 553.38 based on the method or location of construction.
(3) A local government may not adopt or enforce any zoning, land use, or development ordinance or regulation that conflicts with this section or s. 553.38, or that imposes different or more restrictive treatment on an offsite-constructed residential dwelling based on its method of construction or the presence of components built off site. Local government ordinances or regulations may not have the effect of excluding offsite-constructed residential dwellings and must be reasonable and uniformly enforced without any distinction as to the type of housing. Any such ordinance or regulation is void and unenforceable as applied to offsite-constructed residential dwellings.
