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Lawmakers hope new law spurs affordable housing, but some leaders say it weakens local government control

ST. JOHNS COUNTY, Fla. – A new law signed by Gov. Ron DeSantis on Friday will make it harder for local governments to turn down some housing-related development requests.

The change means cities and counties must have clearer, more specific standards to justify denying a proposal on “compatibility” grounds — and they must explain those decisions in writing.

In St. Johns County — one of the fastest-growing communities in Florida — county leaders opposed the bill and asked the governor to veto it.

A letter signed by St. Johns County Commission Chair Clay Murphy begins: “I respectfully request your veto of HB 399.” In the letter, county leaders say St. Johns already has measures in place to manage growth, guide future development and account for the needs of the community.

Nonetheless, DeSantis signed the bill.

The new law focuses on denials tied to “compatibility.” In simple terms, it makes it harder for local governments to say “no” to some housing proposals just because they say it “doesn’t fit.” If leaders want to deny a project for compatibility, they must point to specific written rules and explain exactly what does not match. The law also says general claims like “community character,” “neighborhood feel,” or similar broad language, by themselves, are not enough to support a denial.

The bill also addresses situations where an applicant offers changes to try to resolve concerns. If a developer proposes mitigation measures, the local government generally cannot deny the application on compatibility grounds unless it explains in writing why the proposed mitigation is inadequate and why feasible mitigation does not exist.

At last week’s county commission meeting, St. Johns County Administrator Joy Andrews raised concerns about what the law could mean for local decision-making.

“It’s going to lessen our ability to really require for certain type of analysis and types of evidence we have to have to deem them to be compatible or not compatible,” Andrews said.

County Commissioner Ann Taylor, who shared the letter with News4Jax, said, “Laws such as this diminish the voice of residents when it comes to decisions about local growth and developments.”

The bill’s sponsor, state Rep. David Borrero, has said the measure is part of a push to build more affordable housing, according to Florida Politics.

In the past, the county has denied projects like the one on 208 last year, when townhomes were denied across the street from Whisper Ridge.

Donald Steed was glad they were denied.

“It is dangerous going out there on 16, and that is 208 behind me, if you pull out there it is not bad now but 16 is terrible,” Steed said.

Others say more housing opportunities could make it easier to live closer to work. News4JAX spoke with Andrea Leavenworth, who works in St. Johns County and commutes from Palatka.

“I am ready to get my own place to rent to own or maybe in the future buy and call it my home,” Leavenworth said.

County leaders say they will have to consider the potential impacts on the county’s land development code and comprehensive plan.

The new law takes effect on Jan. 1, 2027.