Florida now requires cities and counties to allow qualifying manufactured homes wherever single-family detached homes are allowed. The rule is in section 553.385 of the Florida Statutes, created by two 2026 bills, HB 399 and HB 803. For you as a land-home developer, it can open lots that a local code used to close, but it does not remove every barrier. This guide explains what the law says, when it applies, and what to check before you buy a lot.
Requity Lending finances land-home projects for investors and developers, including first-time developers, and Florida is our home market. This article is a plain-language summary, not legal advice. Have a Florida land use attorney review any lot or dispute that depends on this law.
What is Florida’s manufactured home zoning law?
The law is called section 553.385, Zoning of off-site constructed residential dwellings; parity. Parity means equal treatment. It has three main parts:
- Allowed as of right. A qualifying home must be permitted as of right in any zoning district where single-family detached homes are allowed.
- No stricter treatment. A county or city may not apply zoning, land use or development rules that treat a qualifying home differently from, or more strictly than, a site-built single-family home in the same district.
- Conflicting rules do not hold. A local ordinance, regulation or policy that conflicts with the section, or has the effect of excluding these homes, is void and unenforceable as applied to them.
“As of right” matters because it speaks to your timeline. In general, a use allowed as of right does not depend on a discretionary approval such as a special exception. You still need permits, but the question of whether the home type is allowed in that district should already be answered.
Which homes qualify?
The statute covers two types of home, each built in whole or in part off site and treated as real property:
- Manufactured homes, as defined in section 320.01(2)(b). These are homes built on or after June 15, 1976, in an off-site factory, with each section carrying a seal showing it meets the federal construction and safety standards.
- Manufactured buildings intended for single-family use, as defined in section 553.36. That definition includes what most people call modular homes.
The words “treated as real property” are the key to a land-home project. A manufactured home starts life as personal property with a certificate of origin or a title. Under section 319.261, Florida can retire that title when the home is permanently affixed to land owned by the same person and the required documents are recorded with the county clerk. After that, the home and land are transferred together, like a site-built house.
Most land-home projects are planned to end this way, so the law fits the structure well. A home on wheels or in a rental park is a different situation.
When does the law take effect?
This is the part to check with your attorney, because the two bills give different dates for the same section.
| Bill | Section | Effective date |
|---|---|---|
| HB 803 (chapter 2026-63) | Section 6 creates s. 553.385 | July 1, 2026 (the act’s effective date) |
| HB 399 (chapter 2026-7) | Section 8 creates s. 553.385 | January 1, 2027 |
The 2026 Florida Statutes print the HB 399 wording and include a note showing the HB 803 version. The core rule is the same in both: as of right, and no stricter treatment. Much of the coverage you will read gives January 1, 2027 as the date, and many local governments are working toward it. Winter Haven and Polk County, for example, have both discussed updating their codes for that deadline.
In practice, do not assume a lot is closed to you today because the county’s code has not been updated yet. Equally, do not assume a planner will accept the newer law before the code changes. Ask early, get the answer in writing, and bring your attorney in if the answer decides whether you buy the lot.
What can a county or city still regulate?
The law does not end local standards. Counties and cities can apply generally applicable architectural, aesthetic, design, setback, height and bulk standards, as long as those standards apply uniformly to all single-family homes in the same district.
Compatibility or design standards must be reasonable, may not have the effect of excluding these homes, and must apply equally to site-built homes. The statute limits them to six items. Here is what to look for on each one:
| Local standard | What to check before you choose a home |
|---|---|
| Roof pitch | Does the district set a minimum pitch? Confirm the plan meets it before you sign the dealer contract. |
| Minimum square footage of livable space | A minimum can decide which floor plans fit the lot. |
| Type and quality of exterior finishing materials | Siding and trim packages vary by plan and by dealer. Price the required finish into your quote. |
| Foundation enclosure | Ask whether skirting is acceptable or whether the county expects masonry or another enclosure. |
| Existence and type of attached structures | Some districts expect a garage, carport or porch. Get the rule in writing and budget for it. |
| Building setbacks, lot dimensions and orientation | A long home on a narrow lot can be the problem, even when the home type is allowed. |
The test is equal treatment, not the absence of rules. If a district requires a certain roof pitch on every new house, your home can be held to it too.
What the law does not change
Several items that can stop a land-home project sit outside this section, so check them on every lot:
- Deed restrictions and HOA rules. The statute speaks to counties and cities. It does not mention private covenants, so assume recorded restrictions still apply until your attorney or title company tells you otherwise.
- The zoning district itself. The rule applies where single-family detached homes are allowed. It does not turn a district that bans them into a residential one.
- Minimum lot size. A lot that is too small or does not meet the district’s dimensions may still need a variance.
- Septic, well and sewer. A soil test and health department approval still decide whether the lot can support a home.
- Flood zones. Elevation requirements can add cost to the foundation and set-up.
- Building permits and inspections. Set-up permits, inspections and a certificate of occupancy are still required.
- Private enforcement. The statute does not name a state agency to enforce it. If a local government refuses, the path may be an appeal or a court, which costs time you may not want to spend on one lot.
Two other changes in HB 399
HB 399 also includes two provisions, both effective January 1, 2027, that can help a developer.
Application fees. Development permit and order fees must relate to the cost of reviewing the application and be published on a fee schedule. They may not be based on a percentage of construction costs, site costs or project valuation.
Compatibility denials. If you need a rezoning, subdivision or site plan approval, staff must identify each area of incompatibility with specificity before recommending denial on compatibility grounds. A reference to “community character” or “neighborhood feel” is not enough by itself. This rule has exceptions, including planned unit developments, master planned communities, older historic districts, and compatibility between different future land use categories. It also does not require approval of an application that conflicts with the comprehensive plan.
How to check a Florida lot, step by step
1. Find the zoning district
Pull the district from the county or city zoning map, then confirm it allows single-family detached homes. Check whether the lot is inside city limits, because the city’s code would apply instead of the county’s.
2. Request a zoning verification letter
Ask the planning department to confirm in writing that a manufactured home on a permanent foundation, treated as real property, is allowed. If the answer is no, ask which provision they rely on. A written answer gives you something specific to take to your attorney.
3. Get the district’s standards
Ask for any rules on the six items above. Give them to your dealer before you choose a floor plan, so the home fits the first time.
4. Read the title work
Order a title search early and look for deed restrictions, HOA covenants, easements and access issues. A private restriction can matter more than the zoning.
5. Test the site
Get a soil test and site evaluation for septic, confirm water and power, and check the flood zone. Then add the results to your budget. Our land-home package cost guide and land-home calculator show what each line typically costs.
6. Plan the end of the project
Build toward a finished home that your buyer can finance. Permanent foundation, title retirement and a certificate of occupancy all support your exit, whether you sell the home or keep it as a rental.
How Requity finances a Florida land-home project
Our land-home package loans cover the land, a new multi-section home, delivery and set-up, and site work.
- Up to 80% of total project cost, and up to 65% of the appraised as-completed value.
- Your first 20% goes in once, usually as the land and the home deposit, so you are not writing a check for every invoice after that.
- After that, we fund the rest of the approved budget, paying contractors and the dealer directly as the work is done.
- First-time land-home developers are welcome.
Our land-home package loan guide walks through a full budget and how the money moves.
What to send us for a quote
- The lot address or parcel number, and what you paid or will pay
- The zoning district and any letter from the county or city
- The dealer quote for the home, delivery and set-up
- Your site work budget or contractor bids
- Your experience, even if this is your first project
- Your plan to sell the home or keep it as a rental
You do not need every item to start. Send what you have and call us early, especially if you have a zoning question on a lot you like.
Frequently asked questions
Can a Florida county ban manufactured homes from single-family zoning?
Under section 553.385, a qualifying manufactured home treated as real property must be permitted as of right in any zoning district where single-family detached homes are allowed. A rule that conflicts with that, or has the effect of excluding these homes, is void and unenforceable as applied to them. The two 2026 bills give different effective dates, so confirm the timing with an attorney.
What is HB 399 in Florida?
HB 399 is a 2026 Florida land use and development law, chapter 2026-7. Among other changes, it creates section 553.385 on zoning parity for off-site constructed homes, limits how application fees are set, and adds rules for denying applications on compatibility grounds.
Does the law apply to mobile homes built before 1976?
The manufactured home definition covers homes built on or after June 15, 1976, with the federal seal. The law’s protection is aimed at homes treated as real property.
Does the law override my HOA or deed restrictions?
The statute addresses counties and cities and does not mention private covenants. Treat recorded restrictions as still in force, and ask your attorney or title company about any restriction on your lot.
Can a county still require a certain roof pitch or home size?
Yes, if the standard is reasonable, does not have the effect of excluding these homes, and applies equally to site-built homes. Roof pitch and minimum livable square footage are two of the six compatibility standards listed in the statute.
Do I still need permits to place a manufactured home in Florida?
Yes. The zoning law addresses whether the home type is allowed. You still need the required set-up, septic or sewer, and other local permits and inspections.
Looking at a Florida lot?
Send us the lot and what you know about the zoning, and we will tell you how we would structure the project, often the same day. See the full program on our land-home package loans page, or call 813.338.1000.
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This article is general information as of November 2026 and is not legal advice. Laws and local codes change, and the effective date of section 553.385 should be confirmed with counsel. Requity Lending makes business-purpose loans secured by non-owner-occupied investment property. Rates, terms, fees and leverage are set deal by deal and subject to underwriting. A term sheet is not a commitment to lend.