Florida 2025 Regular Session

Florida House Bill H0401 Latest Draft

Bill / Introduced Version Filed 02/05/2025

                               
 
HB 401   	2025 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to residential land use development 2 
regulations; providing a short title; creating ss. 3 
125.01056 and 166.04155, F.S.; providing legislative 4 
purpose; providing legislative findings; providing 5 
definitions; authorizing counties and municipalities, 6 
respectively, to zone or designate a parcel for 7 
single-family residential use or single -family hybrid 8 
housing use; authorizing counties and municipalit ies, 9 
respectively, to allow the use of land for single -10 
family residential use, while prohibiting the use of 11 
land for single-family hybrid housing use; providing 12 
legislative intent; providing for the adoption of 13 
local land development regulations; providing 14 
applicability; providing exemptions; providing an 15 
effective date. 16 
 17 
Be It Enacted by the Legislature of the State of Florida: 18 
 19 
 Section 1. This act may be cited as the "Strengthening 20 
Home Ownership in Florida Act." 21 
 Section 2.  Section 125.01056, Florida Statutes, is created 22 
to read: 23 
 125.01056  Hybrid housing. — 24 
 (1)  PURPOSE.—The land use categories of single -family 25     
 
HB 401   	2025 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
residential and hybrid housing use aim to clearly distinguish 26 
between owner-occupied single-family homes and hybrid housing 27 
models that blend single-family homes on individual lots with 28 
multifamily ownership characteristics. 29 
 (2)  FINDINGS.—The Legislature finds that: 30 
 (a)  Homeownership enhances community stability, economic 31 
prosperity, and civic engagement. 32 
 (b)  There are substantial public benefits of increased 33 
homeownership, such as improved public welfare and economic 34 
resilience. 35 
 (c)  Evolving housing needs require adaptable policy 36 
frameworks that promote inclusivity and economic diversity 37 
within communities. 38 
 (d)  Distinguishing between land use categories for owner -39 
occupied single-family residential use and hybrid housing use 40 
addresses the diverse needs and preferences of the residents of 41 
this state. 42 
 (e)  There is currently no mechanism to ensure that 43 
rezoning land into uses for single-family residential use will 44 
provide for home ownership opportunities, necessitating 45 
legislative action to address this concern. 46 
 (3)  DEFINITIONS.—For purposes of this section: 47 
 (a)  "Single-family hybrid housing use" means residential 48 
property that is primarily designed for use as rental property 49 
or property subject to a lease agreement, which is owned by a 50     
 
HB 401   	2025 
 
 
 
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related entity, irrespective of the total number of properties 51 
owned in the county. 52 
 (b)  "Single-family residential use" means owner -occupied 53 
residential property in which the homeowner, and any related 54 
entity, does not own more than three single -family residences in 55 
the county. 56 
 57 
For purposes of this subsection, the term "related entity" means 58 
a person or entity that has an affiliation or connection to the 59 
property, whether direct or indirect, through an ownership 60 
interest, familial or associative connection, control or 61 
influence, economic interest, legal or beneficial interest, or 62 
contractual or agreement -based relationship. 63 
 (4)  AUTHORIZED LAND USE CATEGORIES. — 64 
 (a)  A county may zone or designate a parcel for single -65 
family residential use or single -family hybrid housing use in 66 
its local government comprehensive plan and future land use map. 67 
 (b)  A county may allow the use of land for si ngle-family 68 
residential use, while prohibiting the use of land for single -69 
family hybrid housing use, for purposes of any local zoning 70 
regulations or future land use maps. It is the intent of this 71 
section to enable a county the ability to tailor its land us e 72 
policies and regulations to address local housing needs and 73 
community development goals. 74 
 (5)  ADOPTION OF LOCAL LAND DEVELOPMENT REGULATIONS. —A 75     
 
HB 401   	2025 
 
 
 
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county may adopt any ordinance, rule, or regulation consistent 76 
with this section to meet its specific local h ousing needs. 77 
 (6)  APPLICABILITY.—This section does not apply to property 78 
owned or developed by a state or local governmental entity. 79 
 (7)  EXEMPTIONS.— 80 
 (a)  This section is exempt from the requirements of s. 81 
70.001. 82 
 (b)  A builder or developer engaged in the construction and 83 
sale of a new home on land zoned for single -family residential 84 
use is exempt from any land development regulations governing 85 
single-family residential use if the builder or developer owns 86 
the unoccupied home under permitting and con struction. 87 
 Section 3.  Section 166.04155, Florida Statutes, is created 88 
to read: 89 
 166.04155  Hybrid housing. — 90 
 (1)  PURPOSE.—The land use categories of single -family 91 
residential and hybrid housing use aim to clearly distinguish 92 
between owner-occupied single-family homes and hybrid housing 93 
models that blend single -family homes on individual lots with 94 
multifamily ownership characteristics. 95 
 (2)  FINDINGS.—The Legislature finds that: 96 
 (a)  Homeownership enhances community stability, economic 97 
prosperity, and civic engagement. 98 
 (b)  There are substantial public benefits of increased 99 
homeownership, such as improved public welfare and economic 100     
 
HB 401   	2025 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
resilience. 101 
 (c)  Evolving housing needs require adaptable policy 102 
frameworks that promote inclusivity and economic divers ity 103 
within communities. 104 
 (d)  Distinguishing between land use categories for owner -105 
occupied single-family residential use and hybrid housing use 106 
addresses the diverse needs and preferences of the residents of 107 
this state. 108 
 (e)  There is currently no mechani sm to ensure that 109 
rezoning land into uses for single -family residential use will 110 
provide for home ownership opportunities, necessitating 111 
legislative action to address this concern. 112 
 (3)  DEFINITIONS.—For purposes of this section: 113 
 (a)  "Single-family hybrid housing use" means residential 114 
property that is primarily designed for use as rental property 115 
or property subject to a lease agreement, which is owned by a 116 
related entity, irrespective of the total number of properties 117 
owned in the county. 118 
 (b)  "Single-family residential use" means owner -occupied 119 
residential property in which the homeowner, and any related 120 
entity, does not own more than three single -family residences in 121 
the county. 122 
 123 
For purposes of this subsection, "related entity," means a 124 
person or entity that has an affiliation or connection to the 125     
 
HB 401   	2025 
 
 
 
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property, whether direct or indirect, through an ownership 126 
interest, familial or associative connection, control or 127 
influence, economic interest, legal or beneficial interest, or 128 
contractual or agreement -based relationship. 129 
 (4)  AUTHORIZED LAND USE CATEGORIES. — 130 
 (a)  A municipality may zone or designate a parcel for 131 
single-family residential use or single -family hybrid housing 132 
use in its local government comprehensive plan and future land 133 
use map. 134 
 (b)  A municipality may allow the use of land for single -135 
family residential use, while prohibiting the use of land for 136 
single-family hybrid housing use, for purposes of any local 137 
zoning regulations or future land use maps. It is the intent of 138 
this section to enab le a municipality the ability to tailor its 139 
land use policies and regulations to address local housing needs 140 
and community development goals. 141 
 (5)  ADOPTION OF LOCAL LAND DEVELOPMENT REGULATIONS. —A 142 
municipality may adopt any ordinance, rule, or regulation 143 
consistent with this section to meet its specific local housing 144 
needs. 145 
 (6)  APPLICABILITY.—This section does not apply to property 146 
owned or developed by a state or local governmental entity. 147 
 (7)  EXEMPTIONS.— 148 
 (a)  This section is exempt from the requirements of s. 149 
70.001. 150     
 
HB 401   	2025 
 
 
 
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 (b)  A builder or developer engaged in the construction and 151 
sale of a new home on land zoned for single -family residential 152 
use is exempt from any land development regulations governing 153 
single-family residential use if the builde r or developer owns 154 
the unoccupied home under permitting and construction. 155 
 Section 4. This act shall take effect July 1, 2025. 156