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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 adaptive reuse of land; creating 2
ss. 125.01056 and 166.04152, F.S.; requiring counties 3
and municipalities, respectively, to authorize certain 4
allowable uses for the development of adaptive reuse 5
projects; excluding developers of such pro jects from 6
certain land regulations and requirements; providing 7
for an expedited permitting process for such projects; 8
requiring counties and municipalities to create 9
programs to streamline the building permit and 10
development order processes for such proje cts; 11
requiring counties and municipalities to reduce 12
parking requirements for such projects when certain 13
conditions are met; requiring the Adaptive Reuse 14
Public-Private Partnership Council to perform a 15
certain evaluation as it relates to the reduction in 16
parking; authorizing counties and municipalities to 17
exempt from the levy of ad valorem taxes landowners 18
and developers for the development of adaptive reuse 19
projects; requiring counties and municipalities to 20
reduce impact fees by a specified amount for such 21
landowners and developers; requiring counties and 22
municipalities to exempt other specified taxes for 23
landowners and developers of hotels or motels who 24
operate as multifamily property and enter into certain 25
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lease agreements; requiring that adaptive reuse 26
projects comply with general law and regulations; 27
creating ss. 125.01057 and 166.04153, F.S.; 28
authorizing the board of county commissioners and 29
municipal governing body, respectively, to adopt an 30
ordinance for transitional housing for a specified 31
purpose; establishing eligibility requirements; 32
establishing ordinance requirements; creating s. 33
163.32025, F.S.; providing a short title; providing 34
legislative intent; authorizing Florida Housing 35
Finance Corporation to provide technical assistance to 36
counties and municipalities; providing definitions; 37
creating the Adaptive Reuse Public -Private Partnership 38
Council to facilitate and oversee the development of 39
adaptive reuse projects; providing for council 40
membership; requiring an annual election of the chair; 41
providing meeting and project approval process 42
requirements; providing reporting requirements; 43
providing recordkeeping requirements; requiring the 44
council to monitor approved projects for specified 45
purposes; requiring the council to perform project 46
evaluations on a regular basis of approved projects 47
for specified purposes; prohibiting members of the 48
council from receiving compensation; authorizing 49
reimbursement for travel expenses for certain members; 50
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requiring the council to report specified information 51
to the Governor and the Legislature by a specified 52
date each year; providing for future repeal; providing 53
an effective date. 54
55
Be It Enacted by the Legislature of the State of Florida: 56
57
Section 1. Section 125.01056, Florida Statutes, is created 58
to read: 59
125.01056 Adaptive reuse of land. - 60
(1) A county must authorize multifamily and mixed -use 61
residential as allowable uses in any area zoned for commercial, 62
industrial, or mixed use, or authorize hotels or motels to 63
operate unencumbered as a transitional housin g use, when an 64
adaptive reuse project has been approved for the development of 65
land under the Adaptive Reuse Initiative Act. 66
(2) Notwithstanding any other law, local ordinance, or 67
regulation to the contrary, a county may not require the 68
developer of a proposed adaptive reuse project to obtain a 69
zoning or land use change, special exception, conditional use 70
approval, variance, or comprehensive plan amendment for the 71
zoning authorized under this section. 72
(3) The Legislature intends to simplify and expedite the 73
permitting process for adaptive reuse projects that have been 74
approved for the development of land under the Adaptive Reuse 75
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Initiative Act. The governing body of a county shall create a 76
program to streamline the building permit and development order 77
processes for such projects in accordance with the Florida 78
Building Code and this section. 79
(4)(a) A county shall reduce parking requirements for a 80
proposed adaptive reuse project if: 81
1. Land zoned for commercial use as a hotel or motel is 82
rezoned for multifamily and mixed-use residential use. The 83
county shall reduce parking to the unit ratio of 1:0.75 for 84
studio units, 1:1 for single -bedroom units, and 1:1.25 for all 85
other dwelling units. 86
2. Land zoned for commercial use as an office building is 87
rezoned for multifamily and mixed -use residential use. There 88
must be an additional 20 percent variance or reduction in the 89
required parking spaces. 90
3. Land zoned for industrial, retail, school, religious, 91
or recreational use is rezoned for multifamily and mixe d-use 92
residential use. There must be an additional 15 percent variance 93
or reduction in the required parking spaces. 94
(b) The Adaptive Reuse Public -Private Partnership Council 95
created in s. 163.32025 shall evaluate any current and future 96
impacts of a reduction in parking as part of its adaptive reuse 97
project evaluation under s. 163.32025(4)(d). 98
(5)(a) A county may exempt from the levy of ad valorem 99
taxes land owners or developers who provide for or develop land 100
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for housing units that are affordable as def ined in s. 101
420.0004(3) in adaptive reuse projects. 102
(b) A county shall reduce impact fees to one -third of the 103
original face value for land owners or developers who provide 104
for or develop land for housing units that are affordable as 105
defined in s. 420.0004 in adaptive reuse projects. 106
(c) A county shall exempt from levy of sales tax, 107
discretionary sales surtax, and any tourism -related tax land 108
owners or developers of hotels or motels who operate as 109
multifamily property and enter into bona fide written agreements 110
with tenants for continuous residence for longer than 6 months. 111
(6) Except as otherwise provided in this section, an 112
adaptive reuse project approved under s. 163.32025 must comply 113
with all applicable state and local laws and regulations. 114
Section 2. Section 125.01057, Florida Statutes, is created 115
to read: 116
125.01057 Transitional housing ordinances. - 117
(1) Notwithstanding any other provision of law, a board of 118
county commissioners may adopt an ordinance for the purpose of 119
transitional housing to increase the supply of affordable 120
housing. 121
(2) For the development of property to be eligible as 122
transitional housing under this section, all of the following 123
requirements must be met: 124
(a) The property is a hotel or motel development that 125
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accommodates 50 or more units. 126
(b) There is an existing hotel or motel footprint that 127
provides for essential living space design elements, including 128
kitchens with a stove and oven, full bathrooms, queen -size beds 129
or larger, electrical panels, and adequate life s afety and fire 130
suppression requirements. 131
(c) The units contain minimum amenities, including 132
kitchens with a stove and oven, Internet access, cable 133
television or streaming service, and laundry facilities on the 134
property. 135
(d) Any unit that is leased for 6 months or more is 136
subject to the Florida Residential Landlord and Tenant Act. 137
(e) Any unit that is subject to lease for 6 months or more 138
is assigned an individual mailbox located in the hotel or motel 139
lobby or a covered outdoor area, and such mailbox m eets postal 140
requirements. 141
(f) The property development meets the requirements of the 142
Florida Building Code and the Florida Fire Prevention Code. 143
(3) An ordinance adopted under this section must: 144
(a) Be adopted under the procedures for adoption of a 145
nonemergency ordinance by a board of county commissioners 146
specified in chapter 125. 147
(b) Designate the local entity under the supervision of 148
the board of county commissioners that must develop, receive, 149
and review applications and develop notices of determ ination of 150
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eligibility. 151
(c) Require the local entity to verify that the property 152
meets the requirements of the ordinance and forward the notice 153
to the applicant. If the local entity denies the application, it 154
must notify the applicant and include reasons for the denial. 155
(d) Require the property to meet the eligibility criteria 156
of paragraph (2)(a). 157
(e) Require that the deadline to submit an application be 158
published on the county's website. 159
(f) Require the county to post on its website a list of 160
properties receiving the transitional housing designation for 161
the purpose of facilitating access to affordable housing. 162
Section 3. Section 163.32025, Florida Statutes, is created 163
to read: 164
163.32025 Adaptive Reuse Public -Private Partnership 165
Council.- 166
(1) This section may be cited as the "Adaptive Reuse 167
Initiative Act." 168
(2) This section is intended to promote economic 169
revitalization, address affordable housing needs, and encourage 170
sustainable development through the evaluation and support of 171
adaptive reuse projects through the redevelopment of 172
underutilized property in this state. 173
(3) The Legislature authorizes the Florida Housing Finance 174
Corporation to provide technical assistance to counties and 175
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municipalities to support implementation of this section . 176
(4) As used in this section, the term: 177
(a) "Affordable housing" has the same meaning as in s. 178
163.3164(3). 179
(b) "Council" means the Adaptive Reuse Public -Private 180
Partnership Council as created in this section. 181
(c) "Governmental agency" has the same meaning as in s. 182
163.3164(21). 183
(d) "Local planning agency" has the same meaning as in s. 184
163.3164(30). 185
(e) "Project" means an adaptive reuse project submitted 186
for approval under this section. 187
(f) "State land planning agency" means the Department of 188
Commerce. 189
(5)(a) There is created the Adaptive Reuse Public -Private 190
Partnership Council, an advisory council as defined in s. 20.03, 191
to facilitate and oversee the process of evaluating the 192
feasibility of adaptive reuse projects. 193
(b) The council is composed of 12 members: 194
1. Four members shall be appointed by the state land 195
planning agency. 196
2. Four members shall be appointed by the local planning 197
agency. 198
3. Four members shall be appointed from private sector 199
industries such as real estate devel opment, architecture, 200
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construction, finance, and urban planning. 201
(c) Members shall elect a chair annually. 202
(d)1. The council shall meet at least biannually at the 203
call of the chair. The business of the council shall be 204
presented to the council in the f orm of an agenda. The agenda 205
shall be set by the chair and shall include project proposals 206
submitted to the council. 207
2. Upon submission to the council of a project proposal, 208
the chair shall nominate six members of the council to perform a 209
project evaluation. The chair shall nominate one member to 210
prepare and submit a written report. The report must contain an 211
assessment of the viability of the project proposal, including 212
any reduction in parking pursuant to s. 125.01056(4)(a). 213
3. The council shall hold a public hearing to provide the 214
local community, stakeholders, and residents affected by the 215
proposed project the opportunity to be heard. 216
4. The council shall review and vote on each project 217
proposal based on the findings of the project evaluation and 218
public hearing. The council shall also consider the following 219
criteria: 220
a. Economic impact. 221
b. Housing affordability. 222
c. Environmental sustainability. 223
d. Community benefits. 224
e. Compliance with the Florida Building Code and the 225
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Florida Fire Prevent ion Code. 226
227
Action by the council requires a majority vote of the members 228
present, and the chair shall cast the deciding vote. 229
(e) A majority of the members shall constitute a quorum, 230
and action by a majority of a quorum shall be official. 231
(f) The chair of the council shall make a written report 232
of each meeting and submit the report to the state land planning 233
agency and local planning agency, which report shall show the 234
names of the members present and shall include a record of its 235
discussions and action s taken. The state land planning agency 236
shall keep the records of the meetings on file and shall make 237
the records available to any interested person or group. 238
(g) The council shall monitor each project approved by the 239
council to ensure compliance with th e approved plans, the 240
Florida Building Code, and the Florida Fire Prevention Code. 241
(h) The council shall perform project evaluations on a 242
regular basis, as determined by the chair, of approved projects 243
to assess and ensure project implementation, and to address any 244
issue or problem that may arise. 245
(i) A member may not receive a commission, fee, or 246
financial benefit in connection with serving on the council. 247
Council members may be reimbursed for per diem and travel 248
expenses in accordance with s. 112.061 by the state agency that 249
the member represents. If a member is not affiliated with a 250
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state agency, the member shall be reimbursed by the appropriate 251
governmental agency. 252
(j) By October 31 of each year, the council shall submit a 253
report to the Governor, t he President of the Senate, and the 254
Speaker of the House of Representatives summarizing the 255
activities and outcomes of the council during the preceding 256
year. 257
(6) In accordance with s. 20.052(8), this section is 258
repealed October 2, 2028, unless reviewed a nd saved from repeal 259
through reenactment by the Legislature. 260
Section 4. Section 166.04152, Florida Statutes, is created 261
to read: 262
166.04152 Adaptive reuse of land. - 263
(1) A municipality must authorize multifamily and mixed -264
use residential as allowable uses in any area zoned for 265
commercial, industrial, or mixed use, or authorize hotels or 266
motels to operate unencumbered as a transitional housing use, 267
when an adaptive reuse project has been approved for the 268
development of land under the Adaptive Reuse Ini tiative Act. 269
(2) Notwithstanding any other law, local ordinance, or 270
regulation to the contrary, a municipality may not require the 271
developer of a proposed adaptive reuse project to obtain a 272
zoning or land use change, special exception, conditional use 273
approval, variance, or comprehensive plan amendment for the 274
zoning authorized under this section. 275
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(3) The Legislature intends to simplify and expedite the 276
permitting process for adaptive reuse projects that have been 277
approved for the development of land under the Adaptive Reuse 278
Initiative Act. The municipal governing body shall create a 279
program to streamline the building permit and development order 280
processes for such projects in accordance with the Florida 281
Building Code and this section. 282
(4)(a) A municipality shall reduce parking requirements 283
for a proposed adaptive reuse project if: 284
1. Land zoned for commercial use as a hotel or motel is 285
rezoned for multifamily and mixed -use residential use. The 286
county shall reduce parking to the unit ratio of 1:0.75 for 287
studio units, 1:1 for single -bedroom units, and 1:1.25 for all 288
other dwelling units. 289
2. Land zoned for commercial use as an office building is 290
rezoned for multifamily and mixed -use residential use. There 291
must be an additional 20 percent variance or reduction in the 292
required parking spaces. 293
3. Land zoned for industrial, retail, school, religious, 294
or recreational use is rezoned for multifamily and mixed -use 295
residential use. There must be an additional 15 percent variance 296
or reduction in the required parking spaces. 297
(b) The Adaptive Reuse Public -Private Partnership Council 298
created in s. 163.32025 shall evaluate any current and future 299
impacts of a reduction in parking as part of its adaptive reuse 300
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project evaluation under s. 163.32025(4)(d). 301
(5)(a) A municipality may exempt from the levy of ad 302
valorem taxes land owners or developers who provide for or 303
develop land for housing units that are affordable as defined in 304
s. 420.0004(3) in adaptive reuse projects. 305
(b) A municipality shall reduce impact fe es to one-third 306
of the original face value for land owners or developers who 307
provide for or develop land for housing units that are 308
affordable as defined in s. 420.0004 in adaptive reuse projects.309
(c) A municipality shall exempt from levy of sales tax, 310
discretionary sales surtax, and any tourism -related tax land 311
owners or developers of hotels or motels who operate as 312
multifamily property and enter into bona fide written agreements 313
with tenants for continuous residence for longer than 6 months. 314
(6) Except as otherwise provided in this section, an 315
adaptive reuse project approved under s. 163.32025 must comply 316
with all applicable state and local laws and regulations. 317
Section 5. Section 166.04153, Florida Statutes, is created 318
to read: 319
166.04153 Transitional housing ordinances. - 320
(1) Notwithstanding any other provision of law, a 321
municipal governing body may adopt an ordinance for the purpose 322
of transitional housing to increase the supply of affordable 323
housing. 324
(2) For the development of prop erty to be eligible as 325
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transitional housing, all of the following requirements must be 326
met: 327
(a) The property is a hotel or motel development that 328
accommodates 50 or more units. 329
(b) There is an existing hotel or motel footprint that 330
provides for essenti al living space design elements, including 331
kitchens with a stove and oven, full bathrooms, queen -size beds 332
or larger, electrical panels, and adequate life safety and fire 333
suppression requirements. 334
(c) The units contain minimum amenities, including 335
kitchens with a stove and oven, Internet access, cable 336
television or streaming service, and laundry facilities on the 337
property. 338
(d) Any unit that is leased for 6 months or more is 339
subject to the Florida Residential Landlord and Tenant Act. 340
(e) Any unit that is subject to lease for 6 months or more 341
is assigned an individual mailbox located in the hotel or motel 342
lobby or a covered outdoor area, and such mailbox meets postal 343
requirements. 344
(f) The property development meets the requirements of the 345
Florida Building Code and the Florida Fire Prevention Code. 346
(3) An ordinance adopted under this section must: 347
(a) Be adopted under the procedures for adoption of a 348
nonemergency ordinance by a municipal governing body specified 349
in chapter 166. 350
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(b) Designate the lo cal entity under the supervision of 351
the governing body of a municipality which must develop, 352
receive, and review applications and develop notices of 353
determination of eligibility. 354
(c) Require the local entity to verify that the property 355
meets the requirements of the ordinance and forward the notice 356
to the applicant. If the local entity denies the application, it 357
must notify the applicant and include reasons for the denial. 358
(d) Require the property to meet the eligibility criteria 359
of paragraph (2)(a). 360
(e) Require that the deadline to submit an application be 361
published on the municipality's website. 362
(f) Require the municipality to post on its website a list 363
of properties receiving the transitional housing designation for 364
the purpose of facilitating acce ss to affordable housing. 365
Section 6. This act shall take effect July 1, 2025. 366