TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City Of North Port, Florida, Regarding Manufactured Homes, Amending the Unified Land Development Code to Provide for Compliance with Section 553.385, Florida Statutes by Amending Sections 3.1.2., 4.4.1., and Appendix A, Article I; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Recommended Action
Option 1: Approve Ordinance No. 2026-20 on first reading and continue to second reading on July 21, 2026.
City Commission Options
Option 1: Approve Ordinance No. 2026-20 on first reading and continue to second reading on July 21, 2026.
• Pros:
o Ensures compliance with Section 553.385, Florida Statutes.
o Enables the City to apply certain development standards to manufactured homes in residential zoning districts.
• Cons: There are no identifiable disadvantages to the approval of Ordinance No. 2026-20
Option 2: Deny Ordinance No. 2026-20.
• Pros: There are no identifiable advantages to the denial of Ordinance No. 2026-20.
• Cons: The City would be required to allow manufactured homes in residential zoning districts without the development standards allowed to be enacted by Section 553.385, Florida Statutes.
Background Information
During the 2026 Legislative Session, the Florida Legislature adopted House Bill 399, creating Section 553.385, Florida Statutes, relating to the placement and regulation of certain manufactured (a.k.a. mobile) homes with an effective date of January 1, 2027. House Bill 399 was subsequently superseded during the 2026 Special Session by House Bill 803, which retained the statutory requirements and accelerated the effective date to July 1, 2026.
The legislation represents a significant change in local government authority over manufactured housing. Prior to adoption of Section 553.385, local governments retained broader discretion to regulate and/or limit the placement of manufactured homes through zoning and land development regulations. Under the new statute, qualifying manufactured homes must be allowed by-right as single-family detached dwellings in any zoning district where site-built single-family detached dwellings are allowed.
While the legislation preempts certain local regulatory authority, it does not completely eliminate local government oversight. The City retains authority to apply the same dimensional, landscaping, drainage, floodplain management, architectural, and site-design standards applicable to site-built homes. However, the City may not impose more restrictive standards solely because a dwelling is a qualifying manufactured home.
Proposed Ordinance No. 2026-20 updates the Unified Land Development Code (ULDC) to ensure consistency with state law while preserving the City's remaining regulatory authority. The amendments revise zoning district descriptions; establish standards for permanent manufactured homes; clarify foundation and installation requirements; require compliance with the Florida Building Code for foundations and appurtenances; require compliance with floodplain regulations; and update definitions to distinguish between manufactured homes and permanent manufactured homes.
Proposed Ordinance No. 2026-20 also clarifies that private deed restrictions, declarations of covenants, homeowners' association documents, and other private contractual restrictions remain enforceable and are unaffected by Section 553.385, Florida Statutes.
Because Section 553.385 is a state mandate, failure to amend the ULDC could result in conflicts between local regulations and state law and limit the City’s ability to apply certain regulations to manufactured homes.
Ordinance No. 2026-20 was reviewed by the City Attorney and is legally correct as to form.
Strategic Plan
Economic Development & Growth Management
Financial Impact
The adoption of Ordinance No. 2026-20 has no financial impact; it simply adopts land development regulations in response to Section 553.385 F.S. allowing the City to regulate dimensional, landscaping, drainage, floodplain management, architectural, and site-design standards for manufactured homes.
Procurement
Not applicable.
Attachments:
1. Ordinance - First Reading
2. HB 399
3. HB 803
Prepared by: Alaina Ray, AICP, Development Services Director
Lori Barnes, AICP, CPM, Development Services Deputy Director
Department Director: Alaina Ray, AICP, Development Services Director