Florida’s new law bars zoning discrimination against factory-built homes

Florida has taken a direct approach to one of the practical obstacles facing factory-built housing: local zoning rules that can treat a home differently simply because some or all of it was constructed somewhere other than the lot where it will ultimately sit. In 2026, the Legislature enacted section 553.385, Florida Statutes, establishing zoning parity for qualifying off-site constructed residential dwellings. The provision was enacted through overlapping legislation, including HB 803, a broad building-permitting measure that took effect July 1, 2026. The central idea is simple: If a detached single-family home is allowed in a zoning district, a qualifying off-site constructed home generally cannot be excluded or subjected to more restrictive local rules merely because of its construction method. Parity, not deregulation Section 553.385 defines an off-site constructed residential dwelling to include certain manufactured buildings intended for single-family residential use, as well as certain manufactured homes that are constructed in whole or in part off-site and treated as real property. Florida law separately defines a “manufactured building” to include modular and factory-built...