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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 real property and land use and 2
development; amending ss. 125.01055 and 166.04151, 3
F.S.; requiring the board of county commissioners and 4
the governing body of a municipality, respectively, to 5
approve the development of affordable housing on a 6
parcel owned by a religious institution if certain 7
requirements are met; requiring the board of county 8
commissioners and the governing body of a 9
municipality, respectively, to approve the development 10
of housing that is affordable; providing definition s; 11
requiring counties and municipalities, respectively, 12
to authorize multifamily and mixed -use residential as 13
allowable uses on sites owned by specified entities 14
and in planned unit developments for specified use, if 15
certain conditions are met; requiring c ounties and 16
municipalities, respectively, to include adjacent land 17
as part of multifamily development, regardless of land 18
use designation, if certain conditions are met; 19
prohibiting counties and municipalities, respectively, 20
from requiring a proposed mixed -use residential 21
development to obtain certain amendments; prohibiting 22
counties and municipalities, respectively, from 23
requiring more than a certain percentage of total 24
square footage to be used for specified purposes; 25
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requiring a specified definition of a reas zoned for 26
mixed use; providing that certain affordable or 27
workforce units also qualify as affordable housing; 28
prohibiting counties and municipalities, respectively, 29
from restricting the density of a proposed multifamily 30
or mixed-use residential develo pment below the highest 31
density on or after a specified date; prohibiting 32
counties and municipalities, respectively, from 33
restricting the maximum lot size of a proposed 34
multifamily or mixed -use residential development below 35
the highest maximum lot size on or after a specified 36
date; prohibiting counties and municipalities, 37
respectively, from restricting the floor area ratio of 38
a proposed multifamily or mixed -use residential 39
development below a certain percentage allowed on or 40
after a specified date; prohibit ing counties and 41
municipalities, respectively, from restricting the 42
height of a proposed multifamily or mixed -use 43
residential development below the highest height on or 44
after a specified date; revising the ability of 45
counties and municipalities, respective ly, to restrict 46
the height of multifamily or mixed -use residential 47
developments that are adjacent specified parcels to 48
the highest height allowed on or after a specified 49
date; requiring administrative approval of proposed 50
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multifamily or mixed -use residential developments 51
without a public hearing in certain instances; 52
prohibiting counties and municipalities, respectively, 53
from initiating or enforcing zoning -in-progress or 54
building moratoriums in certain instances; requiring 55
counties and municipalities, respe ctively, to maintain 56
on its website a specified policy; requiring a county 57
and municipality, respectively, to reduce certain 58
parking requirements by a specified percentage; 59
requiring counties and municipalities, respectively, 60
to approve, within a specified time frame, building 61
permit plan review for proposed developments; 62
providing for the awarding of attorney fees and costs 63
under certain conditions; providing that if a county 64
or municipality, respectively, adopts an ordinance or 65
resolution, or makes any ot her decision, after a 66
specified date having certain listed effects, the 67
ordinance, resolution, or decision is deemed 68
preempted; preempting the regulation of affordable 69
housing to the state; providing that the 70
administrative review process of a site plan fi led 71
with a county or municipality, respectively, must be 72
based on land development regulations in effect as of 73
the date of filing the application; requiring courts 74
to expedite proceedings and render an order within a 75
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specified timeframe if an action is fil ed against a 76
local government based on preemption grounds; 77
requiring notice of appeal to be filed and served 78
within a specified timeframe from such judgment; 79
requiring the Supreme Court to adopt rules by a 80
specified date for such expedited proceedings; 81
prohibiting counties and municipalities, respectively, 82
from conditioning review or approval of applications 83
for development permits or orders on the waiver, 84
forbearance, or abandonment of any development right; 85
deeming such actions to be void; providing certa in 86
reporting requirements beginning on a specified date; 87
providing reporting requirements; prohibiting the 88
imposition of a building moratorium under certain 89
circumstances; providing that certain property owners 90
have a cause of action; authorizing a court t o provide 91
specified relief, costs, and fees; providing a maximum 92
award; providing that certain property owners have 93
specified rights; amending s. 163.31801, F.S.; 94
requiring an exception or waiver for a specified 95
percentage of the impact fees for certain 96
developments; amending s. 166.041, F.S.; revising 97
procedures to require that resolutions with certain 98
subjects be based on a certain finding by the 99
governing body for adoption of such resolutions; 100
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amending s. 163.2517, F.S.; requiring that proposed 101
urban infill developments be administratively 102
approved, notwithstanding any ordinance to the 103
contrary before a specified date; amending s. 104
163.3164, F.S.; revising the definition of the terms 105
"compatibility" and "urban service area"; amending s. 106
163.3177, F.S.; revising considerations when creating 107
a comprehensive plan; revising future land use 108
considerations for urban sprawl; amending s. 163.3167, 109
F.S.; revising the scope of the Community Planning 110
Act; amending s. 163.31771, F.S.; defining the term 111
"department"; requiring local governments to adopt 112
ordinances as they relate to accessory dwelling units; 113
prohibiting local governments from increasing costs of 114
construction of accessory dwelling units; providing 115
exceptions; requiring local governments to submit 116
annual reports beginning on a specified date to the 117
Department of Commerce and post such reports on the 118
local governments' website; requiring the department 119
to post a summary of the reports on its website; 120
providing requirements for the reports; authorizing 121
the department to adopt rules; prohibiting an owner of 122
property with an accessory dwelling unit from being 123
denied a homestead exemption or homestead property 124
assessment limitation solely on the basis of the 125
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property containing an accessory dwelling unit; 126
establishing requirements for homestead purposes if an 127
accessory dwelling unit is rented by the property 128
owner; requiring an accessory dwelling unit that is 129
not rented to be considered part of homestead 130
property; amending s. 196.1979, F.S.; authorizing the 131
board of county commissioners or the governing body of 132
a municipality to exempt specified portions of 133
property within multifamily projects and accessory 134
dwelling units used to provide affordable housing; 135
revising ad valorem property tax exemption provisions 136
for accessory dwelling units; amending s. 333.03, 137
F.S.; revising applicability for certain proposed 138
developments; defining the term "commercial service 139
airport"; amending s. 420.50871, F.S.; expanding the 140
scope of financing of affordable housing projects to 141
include certain housing; creating s. 702.13, F.S.; 142
providing definitions; authorizing the filing of 143
motions to determine whether residential real property 144
is abandoned real property; requiring certain 145
documentation to be filed with such motions; requiring 146
the trial court to set a hearing on such motions 147
within a certain time frame; providing notice 148
requirements; requiring the court to render a 149
declaratory judgment upon certain findings and 150
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immediately proceed to a foreclosure trial; requiring 151
the court to enter a judgment of foreclosure and 152
schedule a public sale of the abandoned real property 153
upon certain findings; prohibiting the court from 154
entering a declaratory judgment in certain instances; 155
requiring the court to rescind its orders in certain 156
instances; providing applicability; amending s. 157
760.26, F.S.; prohibiting discrimination in land use 158
decisions and in permitting of development based on a 159
development or proposed development being affordable 160
housing; providing for waiver of sovereign immunity; 161
limiting such waiver; providing a remedy; providing 162
applicability; amending s. 479.01, F.S.; conforming a 163
cross-reference; amending s. 1001.43, F.S.; requiring 164
district school boards to exercise specified 165
supplemental powers and duties as it related to 166
affordable housing; providing an effective date. 167
168
Be It Enacted by the Legislature of the State of Florida: 169
170
Section 1. Subsections (6), (7), and (8) of section 171
125.01055, Florida Statutes, are amended, and subsections (9) 172
through (12) are added to that secti on, to read: 173
125.01055 Affordable housing. — 174
(6)(a) Notwithstanding any other law or local ordinance or 175
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regulation to the contrary, the board of county commissioners 176
may approve the development of housing that is affordable, as 177
defined in s. 420.0004, i ncluding, but not limited to, a mixed -178
use residential development, on any parcel zoned for commercial 179
or industrial use if, so long as at least 10 percent of the 180
units included in the project are for housing that is 181
affordable. 182
(b) The board of county co mmissioners shall approve the 183
development of housing that is affordable if the following 184
requirements are met: 185
1. The owner of the parcel is a religious institution as 186
defined in s. 170.201(2). 187
2. At least 40 percent of the residential units included 188
in the development are for housing that is affordable and the 189
project has an affordability period of at least 30 years. 190
3. The parcel is not located within 500 feet of a military 191
installation, as identified in s. 163.3175(2), or within a 192
commercial service airport as defined in s. 332.0075(1). 193
4. State and local laws and regulations, other than land 194
use or zoning regulations, apply to the parcel. 195
(c) The provisions of This subsection is are self-196
executing and does do not require the board of county 197
commissioners to adopt an ordinance or a regulation before using 198
the approval process in this subsection. 199
(7)(a) As used in this subsection, regardless of 200
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terminology used in a county's land development regulations, the 201
term: 202
1. "Allowable use" means the intended uses identified in a 203
county's land development regulations which are authorized 204
within a zoning category as a use by right, without the 205
requirement to obtain a variance or waiver. The term does not 206
include uses that are accessory, ancillary, or in cidental to the 207
allowable uses or allowed only on a temporary basis. 208
2. "Commercial use" means activities associated with the 209
sale, rental, or distribution of products or the sale or 210
performance of services. The term includes, but is not limited 211
to, retail, office, entertainment, and other for -profit business 212
activities. 213
3. "Industrial use" means activities associated with the 214
manufacture, assembly, processing, or storage of products or the 215
performance of related services. 216
4. "Planned unit development" has the same meaning as in 217
s. 163.3202(5)(b). 218
(b)1.(a) Notwithstanding any other law, local ordinance, 219
or regulation to the contrary, including any local moratorium 220
established after March 29, 2023, a county must authorize 221
multifamily and mixed-use residential as allowable uses on any 222
site owned by the county, a district school board, a religious 223
institution as defined in s. 170.201(2), and in any area zoned 224
for commercial, industrial, or mixed use , any planned unit 225
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development permitted for commercial, industrial, or mixed use, 226
or any zoning district not zoned solely for use as a single -227
family home or duplex, if at least 40 percent of the residential 228
units in a proposed multifamily or mixed-use residential 229
development are rental units that, f or a period of at least 30 230
years, are affordable as defined in s. 420.0004(3) s. 420.0004. 231
A county shall authorize the inclusion of an adjacent parcel of 232
land as part of the multifamily development, regardless of the 233
land use designation of the adjacent p arcel, if the residential 234
units to be built on the adjacent parcel comply with the 235
requirements of this subsection. 236
2. Notwithstanding any other law, local ordinance, or 237
regulation to the contrary, a county may not require a proposed 238
multifamily or mixed-use residential development to obtain an 239
amendment to a development of regional impact, amendment to a 240
development agreement, or amendment to a restrictive covenant or 241
a zoning or land use change, special exception, conditional use 242
approval, variance, or comprehensive plan amendment for the 243
building height, zoning, and densities authorized under this 244
subsection. 245
3. For mixed-use residential projects, at least 65 percent 246
of the total square footage must be used for residential 247
purposes. A county may not require more than 10 percent of the 248
total square footage to be used for nonresidential purposes. 249
4. Notwithstanding any local land development regulation 250
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categorization or title, areas zoned for mixed use shall be 251
defined as areas that include both reside ntial and 252
nonresidential uses, regardless of whether the residential or 253
nonresidential uses are permitted as principal use, conditional 254
use, ancillary use, special use, unusual use, accessory use, 255
planned unit development, or planned development. Nonreside ntial 256
use includes, but is not limited to, retail, office, hotel, 257
lodging, civic, institutional, parking, utilities, or other 258
commercial uses. 259
5. Affordable or workforce units that receive any 260
incentive under subsection (4) also qualify as affordable und er 261
this subsection as long as the units satisfy the requirements of 262
s. 420.0004 and the local regulations. 263
(c)(b) A county may not directly restrict or have the 264
effect of restricting the density of a proposed multifamily or 265
mixed-use residential development authorized under this 266
subsection below the highest currently allowed density allowed 267
on or after July 1, 2023, on any unincorporated land in the 268
county where residential development is allowed under the 269
county's land development regulations. F or purposes of this 270
paragraph, the term "highest currently allowed density" does not 271
include the density of any building that met the requirements of 272
this subsection or the density of any building that has received 273
any bonus, variance, or other special exc eption for density 274
provided in the county's land development regulations as an 275
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incentive for development. 276
(d) A county may not directly restrict or in effect 277
restrict the maximum lot size of a proposed multifamily or 278
mixed-use residential development aut horized under this 279
paragraph below the highest maximum lot size allowed on or after 280
July 1, 2023, on any unincorporated land in the county where 281
multifamily or mixed -use residential development is allowed 282
pursuant to the county's land development regulatio ns. A county 283
may not restrict the maximum lot coverage of a proposed 284
multifamily or mixed -use residential development authorized 285
under this paragraph below 70 percent. 286
(e)(c) A county may not directly restrict or have the 287
effect of restricting the floor area ratio of a proposed 288
multifamily or mixed -use residential development authorized 289
under this subsection below 150 percent of the highest currently 290
allowed floor area ratio allowed on or after July 1, 2023, on 291
any unincorporated land in the county where development is 292
allowed under the county's land development regulations. For 293
purposes of this paragraph, the term "highest currently allowed 294
floor area ratio" does not include the floor area ratio of any 295
building that met the requirements of this subsection or the 296
floor area ratio of any building that has received any bonus, 297
variance, or other special exception for floor area ratio 298
provided in the county's land development regulations as an 299
incentive for development. For purposes of this subsection, the 300
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term "floor area ratio" includes floor lot ratio. 301
(f)(d)1. A county may not directly restrict or have the 302
effect of restricting the height of a proposed multifamily or 303
mixed-use residential development authorized under this 304
subsection below the highest currently allowed height allowed on 305
or after July 1, 2023, for a commercial or residential building 306
located in its jurisdiction within 1 mile of the proposed 307
development or 3 stories, whichever is higher. For purposes of 308
this paragraph, the term "highest currently allowed height" does 309
not include the height of any building that met the requirements 310
of this subsection or the height of any building that has 311
received any bonus, variance, or other special exception for 312
height provided in the county's land developmen t regulations as 313
an incentive for development. 314
2. If the proposed multifamily or mixed -use residential 315
development is adjacent to, on two or more sides, a parcel zoned 316
for single-family residential use which is within a single -317
family residential developm ent with at least 25 contiguous 318
single-family homes, the county may restrict the height of the 319
proposed development to 150 percent of the tallest building on 320
any property adjacent to the proposed development, the highest 321
currently allowed height allowed on or after July 1, 2023, for 322
the property provided in the county's land development 323
regulations, or 3 stories, whichever is higher. For the purposes 324
of this paragraph, the term "adjacent to" means those properties 325
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sharing more than one point of a property l ine, but does not 326
include properties separated by a public road. 327
(g)1.(e) A proposed multifamily or mixed -use residential 328
development authorized under this subsection must be 329
administratively approved and no further action by the board of 330
county commissioners or any quasi-judicial board of the 331
reviewing body is not authorized required if the development 332
satisfies the county's land development regulations for 333
multifamily and mixed-use residential developments in areas 334
zoned for such use, density, intensity , and height, and is 335
otherwise consistent with the comprehensive plan, with the 336
exception of provisions establishing allowable densities, floor 337
area ratios, height, and land use , including mixed use and 338
minimum nonresidential or commercial floor area requi rements. 339
The removal or demolition of an existing structure to be 340
performed as part of the proposed development must also be 341
administratively approved . Such land development regulations 342
include, but are not limited to, regulations relating to 343
setbacks and parking requirements. 344
2. A county may not initiate or enforce zoning -in-progress 345
or a building moratorium on a proposed development that is 346
subject to this subsection and for which the county has approved 347
the development's preliminary site plan. 348
3. A proposed development located within one -quarter mile 349
of a military installation identified in s. 163.3175(2) may not 350
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be administratively approved. 351
4. Each county shall maintain on its website a policy 352
containing the zoning map and zoning regulations in ef fect on 353
July 1, 2023, and the procedures and expectations for 354
administrative approval pursuant to this subsection. 355
(h)(f)1. A county must reduce consider reducing parking 356
requirements by at least 20 percent for a proposed development 357
authorized under thi s subsection, or by 100 percent for 358
structures that are 20,000 square feet or less if the 359
development is located within one -quarter mile of a transit 360
stop, as defined in the county's land development code, and the 361
transit stop is accessible from the develo pment. 362
2. A county must reduce parking requirements by at least 363
20 percent for a proposed development authorized under this 364
subsection if the development: 365
a. Is located within one -half mile of a major 366
transportation hub that is accessible from the prop osed 367
development by safe, pedestrian -friendly means, such as 368
sidewalks, crosswalks, elevated pedestrian or bike paths, or 369
other multimodal design features; or and 370
b. Has available parking within 600 feet of the proposed 371
development which may consist of options such as on -street 372
parking, parking lots, or parking garages available for use by 373
residents of the proposed development. However, a county may not 374
require that the available parking compensate for the reduction 375
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in parking requirements. 376
3. A county must eliminate parking requirements for a 377
proposed mixed-use residential development authorized under this 378
subsection within an area recognized by the county as a t ransit-379
oriented development or area, as provided in paragraph (j) (h). 380
4. For purposes of this paragraph, the term "major 381
transportation hub" means any transit station, whether bus, 382
train, or light rail, which is served by public transit with a 383
mix of other transportation options. 384
(i)(g) For proposed multifamily developments in an 385
unincorporated area zoned for commercial or industrial use which 386
is within the boundaries of a multicounty independent special 387
district that was created to provide municipal s ervices and is 388
not authorized to levy ad valorem taxes, and less than 20 389
percent of the land area within such district is designated for 390
commercial or industrial use, a county must authorize, as 391
provided in this subsection, such development only if the 392
development is mixed-use residential. 393
(j)(h) A proposed development authorized under this 394
subsection which is located within a transit -oriented 395
development or area, as recognized by the county, must be mixed -396
use residential and otherwise comply with require ments of the 397
county's regulations applicable to the transit -oriented 398
development or area except for use, height, density, floor area 399
ratio, and parking as provided in this subsection or as 400
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otherwise agreed to by the county and the applicant for the 401
development. 402
(i) Except as otherwise provided in this subsection, a 403
development authorized under this subsection must comply with 404
all applicable state and local laws and regulations. 405
(k)(j)1. Nothing in this subsection precludes a county 406
from granting a bonus , variance, conditional use, or other 407
special exception for height, density, or floor area ratio in 408
addition to the height, density, and floor area ratio 409
requirements in this subsection. 410
2. Nothing in this subsection precludes a proposed 411
development authorized under this subsection from receiving a 412
bonus for density, height, or floor area ratio pursuant to an 413
ordinance or regulation of the jurisdiction where the proposed 414
development is located if the proposed development satisfies the 415
conditions to receiv e the bonus except for any condition which 416
conflicts with this subsection. If a proposed development 417
qualifies for such bonus, the bonus must be administratively 418
approved by the county and no further action by the board of 419
county commissioners is required. 420
(l) A county shall approve a building permit plan review 421
for a proposed development within 60 days as authorized under 422
this subsection, and prioritize a building permit plan review 423
for projects authorized under this subsection over other 424
development projects. 425
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(m) Notwithstanding s. 57.112(6), the prevailing party in 426
a challenge under this subsection is entitled to recover 427
attorney fees and costs, including reasonable appellate attorney 428
fees and costs. 429
(n)(k) This subsection does not apply to: 430
1. Airport-impacted areas as provided in s. 333.03. 431
2. Property defined as recreational and commercial working 432
waterfront in s. 342.201(2)(b) in any area zoned as industrial. 433
(o) If a county adopts an ordinance or resolution, or 434
makes any other decision, and such ordinance, resolution, or 435
decision has the effect, either directly or indirectly, of: 436
a. Limiting the height, floor area ratio, or density of a 437
project under this section; 438
b. Unreasonably delaying the development or construction 439
of a project under this section, including, but not limited to, 440
imposing a moratorium; 441
c. Restricting the manner in which affordable units are 442
developed or accessed within a project or regulating the types 443
of units in the project; or 444
d. Restricting or limiting a pro ject under this section in 445
any other way, 446
447
then such ordinance, resolution, or decision shall be deemed 448
preempted. If a property owner files a site plan application 449
under this section with a county, the administrative review 450
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process must be based only on t he land development regulations 451
in effect as of the date of filing the application. 452
(p) The regulation of affordable housing under this 453
subsection is expressly preempted to the state. This subsection 454
supersedes any local government ordinances, resolution s, or any 455
other local regulations, including local moratoriums, on matters 456
covered under this subsection. 457
(q) If an action is filed against a local government to 458
challenge the adoption or enforcement of a local ordinance, 459
resolution, or other local regul ation on the grounds that it is 460
expressly preempted by general law under this subsection, the 461
court shall expedite the proceeding and render a decision within 462
30 days after service of process. Notice of appeal shall be 463
filed and served within 30 days after the rendition of the 464
judgment appealed from. The Supreme Court shall adopt rules by 465
October 1, 2025, to ensure the proceedings are handled 466
expeditiously and in a manner consistent with this subsection. 467
(r)(l) This subsection expires October 1, 2033. 468
(8) Any development authorized under paragraph (7)(b) 469
(7)(a) must be treated as a conforming use even after the 470
expiration of subsection (7) and the development's affordability 471
period as provided in paragraph (7)(b) (7)(a), notwithstanding 472
the county's comprehensive plan, future land use designation, or 473
zoning. If at any point during the development's affordability 474
period the development violates the affordability period 475
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requirement provided in paragraph (7)(b) (7)(a), the development 476
must be allowed a reaso nable time to cure such violation. If the 477
violation is not cured within a reasonable time, the development 478
must be treated as a nonconforming use. 479
(9) A county's review or approval of an application for a 480
development permit or development order may not b e conditioned 481
on the waiver, forbearance, or abandonment of any development 482
right authorized by this section. Any such waiver, forbearance, 483
or abandonment is void. 484
(10)(a) Beginning June 30, 2026, each county must provide 485
an annual report to the state la nd planning agency that 486
includes: 487
1. All litigation initiated under subsection (9), the 488
status of the case, and, if applicable, the final disposition. 489
2. All actions the county has taken on any proposed 490
project under this section, including, at minimum , the project 491
size, density, and intensity, and the number of units and the 492
number of affordable units for such proposed project. 493
3. For any proposed development that is denied or not 494
accepted, all actions the county has taken on such proposed 495
development and an explanation for why such actions were taken. 496
(b) The state land planning agency shall provide an annual 497
report to the Governor, the President of the Senate, and the 498
Speaker of the House of Representatives regarding county 499
compliance with this se ction. 500
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(11)(a) A county may not impose a building moratorium that 501
has the effect of delaying the permitting of construction of a 502
multifamily project that would otherwise qualify for: 503
1. An affordable housing ad valorem tax exemption under s. 504
196.1978 or s. 196.1979. 505
2. Any grant loan or other incentive provided for the 506
development of affordable housing under chapter 420. 507
3. Any abatement of development restrictions under 508
subsection (7). 509
(b) The property owner of a multifamily project described 510
in paragraph (a), which is adversely affected by a building 511
moratorium imposed in violation of this subsection, has a cause 512
of action against the county. If the court finds that a county 513
has violated this subsection, it may provide injunctive relief, 514
compensatory damages, and reasonable attorney fees and costs, 515
not to exceed $100,000, to a prevailing plaintiff. For purposes 516
of this paragraph, the term "reasonable attorney fees and costs" 517
means the reasonable and necessary attorney fees and costs 518
incurred for all preparations, motions, hearings, trials, and 519
appeals in a proceeding. The term does not include any attorney 520
fees or costs directly incurred by or associated with litigation 521
to determine an award of reasonable attorney fees or costs. 522
(12) If the owner of an administratively approved proposed 523
development has acted in reliance on that approval, the owner 524
has a vested right to proceed with development under the 525
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relevant laws, regulations, and ordinances at the time such 526
rights vested, if the property cont inues to comply with the 527
requirements of this section. 528
Section 2. Subsection (11) of section 163.31801, Florida 529
Statutes, is amended to read: 530
163.31801 Impact fees; short title; intent; minimum 531
requirements; audits; challenges. — 532
(11)(a) A county, municipality, or special district may 533
provide an exception or waiver for an impact fee for the 534
development or construction of housing that is affordable, as 535
defined in s. 420.9071. If a county, municipality, or special 536
district provides such an exception or waiver, it is not 537
required to use any revenues to offset the impact. 538
(b) Qualified developments authorized pursuant to s. 539
125.01055 or s. 166.04151 shall receive an exception or waiver 540
for 20 percent of the impact fees for the development of, or 541
construction of the portion of the development that is, 542
affordable housing. 543
Section 3. Subsection (2) of section 166.041, Florida 544
Statutes, is amended to read: 545
166.041 Procedures for adoption of ordinances and 546
resolutions.— 547
(2)(a) Each ordinance or resolution shall be introduced in 548
writing and shall embrace but one subject and matters properly 549
connected therewith. The subject shall be clearly stated in the 550
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title. No ordinance shall be revised or amended by reference to 551
its title only. Ordinan ces to revise or amend shall set out in 552
full the revised or amended act or section or subsection or 553
paragraph of a section or subsection. 554
(b) A resolution, the subject of which designates the 555
character of privately owned property as a historic landmark 556
without the consent of the property owner, shall require a 557
finding by the governing body, based on substantial competent 558
evidence, that the historic significance of the subject property 559
is commensurate, to an equal or greater degree, with property 560
that is already designated as a historic landmark within the 561
municipality. 562
Section 4. Subsections (6), (7), and (8) of section 563
166.04151, Florida Statutes, are amended, and subsections (9) 564
through (12) are added to that section, to read: 565
166.04151 Affordable housing.— 566
(6)(a) Notwithstanding any other law or local ordinance or 567
regulation to the contrary, the governing body of a municipality 568
may approve the development of housing that is affordable, as 569
defined in s. 420.0004, including, but not limited to, a m ixed-570
use residential development, on any parcel zoned for commercial 571
or industrial use if, so long as at least 10 percent of the 572
units included in the project are for housing that is 573
affordable. 574
(b) The governing body shall approve the development of 575
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housing that is affordable if the following requirements are 576
met: 577
1. The owner of the parcel is a religious institution as 578
defined in s. 170.201(2). 579
2. At least 40 percent of the residential units included 580
in the development are for housing that is afford able and the 581
project has an affordability period of at least 30 years. 582
3. The parcel is not located within 500 feet of a military 583
installation, as identified in s. 163.3175(2), or within a 584
commercial service airport as defined in s. 332.0075(1). 585
4. State and local laws and regulations, other than land 586
use or zoning regulations, apply to the parcel. 587
(c) The provisions of This subsection is are self-588
executing and does do not require the governing body to adopt an 589
ordinance or a regulation before using t he approval process in 590
this subsection. 591
(7)(a) As used in this subsection, regardless of 592
terminology used in a municipality's land development 593
regulations, the term: 594
1. "Allowable use" means the intended uses identified in a 595
municipality's land develop ment regulations which are authorized 596
within a zoning category as a use by right, without the 597
requirement to obtain a variance or waiver. The term does not 598
include uses that are accessory, ancillary, or incidental to the 599
allowable uses or allowed only on a temporary basis. 600
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2. "Commercial use" means activities associated with the 601
sale, rental, or distribution of products or the sale or 602
performance of services. The term includes, but is not limited 603
to, retail, office, entertainment, and other for -profit business 604
activities. 605
3. "Industrial use" means activities associated with the 606
manufacture, assembly, processing, or storage of products or the 607
performance of related services. 608
4. "Planned unit development" has the same meaning as in 609
s. 163.3202(5)(b). 610
(b)1.(a) Notwithstanding any other law, local ordinance, 611
or regulation to the contrary, including any local moratorium 612
established after March 29, 2023, a municipality must authorize 613
multifamily and mixed -use residential as allowable uses on any 614
site owned by the municipality, a district school board, a 615
religious institution as defined in s. 170.201(2), and in any 616
area zoned for commercial, industrial, or mixed use , any planned 617
unit development permitted for commercial, industrial, or mixed 618
use, or in any zoning district not zoned solely for use as a 619
single-family home or duplex, if at least 40 percent of the 620
residential units in a proposed multifamily or mixed-use 621
residential development are rental units that, for a period of 622
at least 30 years, are affordabl e as defined in s. 420.0004(3) 623
s. 420.0004. A municipality shall authorize the inclusion of an 624
adjacent parcel of land as part of the multifamily development, 625
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regardless of the land use designation of the adjacent parcel, 626
if the residential units to be bui lt on the adjacent parcel 627
comply with the requirements of this subsection. 628
2. Notwithstanding any other law, local ordinance, or 629
regulation to the contrary, a municipality may not require a 630
proposed multifamily or mixed-use residential development to 631
obtain an amendment to a development of regional impact, 632
amendment to a development agreement, or amendment to a 633
restrictive covenant or a zoning or land use change, special 634
exception, conditional use approval, variance, or comprehensive 635
plan amendment for t he building height, zoning, and densities 636
authorized under this subsection. 637
3. For mixed-use residential projects, at least 65 percent 638
of the total square footage must be used for residential 639
purposes. A municipality may not require more than 10 percent of 640
the total square footage to be used for nonresidential purposes. 641
4. Notwithstanding any local land development regulation 642
categorization or title, areas zoned for mixed use shall be 643
defined as areas that include both residential and 644
nonresidential uses, regardless of whether the residential or 645
nonresidential uses are permitted as principal use, conditional 646
use, ancillary use, special use, unusual use, accessory use, 647
planned unit development, or planned development. Nonresidential 648
use includes, but is n ot limited to, retail, office, hotel, 649
lodging, civic, institutional, parking, utilities, or other 650
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commercial uses. 651
5. Affordable or workforce units that receive any 652
incentive under subsection (4) also qualify as affordable under 653
this subsection as long a s the units satisfy the requirements of 654
s. 420.0004 and the local regulations. 655
(c)(b) A municipality may not directly restrict or have 656
the effect of restricting the density of a proposed multifamily 657
or mixed-use residential development authorized under t his 658
subsection below the highest currently allowed density allowed 659
on or after July 1, 2023, on any land in the municipality where 660
residential development is allowed under the municipality's land 661
development regulations. For purposes of this paragraph, the 662
term "highest currently allowed density" does not include the 663
density of any building that met the requirements of this 664
subsection or the density of any building that has received any 665
bonus, variance, or other special exception for density provided 666
in the municipality's land development regulations as an 667
incentive for development. 668
(d) A municipality may not directly restrict or have the 669
effect of restricting the maximum lot size of a proposed 670
multifamily or mixed -use residential development authorized 671
under this paragraph below the highest maximum lot size allowed 672
on or after July 1, 2023, on any unincorporated land in the 673
municipality where multifamily or mixed -use residential 674
development is allowed pursuant to the municipality's land 675
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development regulations. A municipality may not restrict the 676
maximum lot coverage of a proposed multifamily or mixed -use 677
residential development authorized under this paragraph below 70 678
percent. 679
(e)(c) A municipality may not directly restrict or have 680
the effect of restrict ing the floor area ratio of a proposed 681
multifamily or mixed -use residential development authorized 682
under this subsection below 150 percent of the highest currently 683
allowed floor area ratio allowed on or after July 1, 2023, on 684
any land in the municipality w here development is allowed under 685
the municipality's land development regulations. For purposes of 686
this paragraph, the term "highest currently allowed floor area 687
ratio" does not include the floor area ratio of any building 688
that met the requirements of this subsection or the floor area 689
ratio of any building that has received any bonus, variance, or 690
other special exception for floor area ratio provided in the 691
municipality's land development regulations as an incentive for 692
development. For purposes of this sub section, the term "floor 693
area ratio" includes floor lot ratio. 694
(f)(d)1. A municipality may not directly restrict or have 695
the effect of restricting the height of a proposed multifamily 696
or mixed-use residential development authorized under this 697
subsection below the highest currently allowed height allowed on 698
or after July 1, 2023, for a commercial or residential building 699
located in its jurisdiction within 1 mile of the proposed 700
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development or 3 stories, whichever is higher. For purposes of 701
this paragraph, the term "highest currently allowed height" does 702
not include the height of any building that met the requirements 703
of this subsection or the height of any building that has 704
received any bonus, variance, or other special exception for 705
height provided in the m unicipality's land development 706
regulations as an incentive for development. 707
2. If the proposed multifamily or mixed -use residential 708
development is adjacent to, on two or more sides, a parcel zoned 709
for single-family residential use that is within a single -family 710
residential development with at least 25 contiguous single -711
family homes, the municipality may restrict the height of the 712
proposed development to 150 percent of the tallest building on 713
any property adjacent to the proposed development, the highest 714
currently allowed height allowed on or after July 1, 2023, for 715
the property provided in the municipality's land development 716
regulations, or 3 stories, whichever is higher. For the purposes 717
of this paragraph, the term "adjacent to" means those properties 718
sharing more than one point of a property line, but does not 719
include properties separated by a public road. 720
(g)1.(e) A proposed multifamily or mixed -use residential 721
development authorized under this subsection must be 722
administratively approved and public hearings or no further 723
action by the governing body of the municipality or any quasi-724
judicial board of the reviewing body is not authorized required 725
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if the development satisfies the municipality's land development 726
regulations for multifamily and mixed-use residential 727
developments in areas zoned for such use , density, intensity, 728
and height, and is otherwise consistent with the comprehensive 729
plan, with the exception of provisions establishing allowable 730
densities, floor area ratios, height, and land use , including 731
mixed use and minimum nonresidential or commercial floor area 732
requirements. The removal or demolition of an existing structure 733
to be performed as part of the proposed development must also be 734
administratively approved . Such land development regulation s 735
include, but are not limited to, regulations relating to 736
setbacks and parking requirements. 737
2. A municipality may not initiate or enforce zoning -in-738
progress or a building moratorium on a proposed development that 739
is subject to this subsection and for w hich the municipality has 740
approved the development's preliminary site plan. 741
3. A proposed development located within one -quarter mile 742
of a military installation identified in s. 163.3175(2) may not 743
be administratively approved. 744
4. Each municipality sha ll maintain on its website a 745
policy containing the zoning map and zoning regulations in 746
effect on July 1, 2023, and the procedures and expectations for 747
administrative approval pursuant to this subsection. 748
(h)(f)1. A municipality must reduce consider reducing 749
parking requirements by at least 20 percent for a proposed 750
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development authorized under this subsection , or by 100 percent 751
for structures that are 20,000 square feet or less if the 752
development is located within one -quarter mile of a transit 753
stop, as defined in the municipality's land development code, 754
and the transit stop is accessible from the development . 755
2. A municipality must reduce parking requirements by at 756
least 20 percent for a proposed development authorized under 757
this subsection if the development: 758
a. Is located within one -half mile of a major 759
transportation hub that is accessible from the proposed 760
development by safe, pedestrian -friendly means, such as 761
sidewalks, crosswalks, elevated pedestrian or bike paths, or 762
other multimodal desig n features; or. 763
b. Has available parking within 600 feet of the proposed 764
development which may consist of options such as on -street 765
parking, parking lots, or parking garages available for use by 766
residents of the proposed development. However, a municipal ity 767
may not require that the available parking compensate for the 768
reduction in parking requirements. 769
3. A municipality must eliminate parking requirements for 770
a proposed mixed-use residential development authorized under 771
this subsection within an area re cognized by the municipality as 772
a transit-oriented development or area, as provided in paragraph 773
(j) (h). 774
4. For purposes of this paragraph, the term "major 775
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transportation hub" means any transit station, whether bus, 776
train, or light rail, which is served by public transit with a 777
mix of other transportation options. 778
(i)(g) A municipality that designates less than 20 percent 779
of the land area within its jurisdiction for commercial or 780
industrial use must authorize a proposed multifamily development 781
as provided in this subsection in areas zoned for commercial or 782
industrial use only if the proposed multifamily development is 783
mixed-use residential. 784
(j)(h) A proposed development authorized under this 785
subsection which is located within a transit -oriented 786
development or area, as recognized by the municipality, must be 787
mixed-use residential and otherwise comply with requirements of 788
the municipality's regulations applicable to the transit -789
oriented development or area except for use, height, density, 790
floor area ratio, and parking as provided in this subsection or 791
as otherwise agreed to by the municipality and the applicant for 792
the development. 793
(i) Except as otherwise provided in this subsection, a 794
development authorized under this subsection must comply with 795
all applicable state and local laws and regulations. 796
(k)(j)1. Nothing in this subsection precludes a 797
municipality from granting a bonus, variance, conditional use, 798
or other special exception to height, density, or floor area 799
ratio in addition to the height, de nsity, and floor area ratio 800
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requirements in this subsection. 801
2. Nothing in this subsection precludes a proposed 802
development authorized under this subsection from receiving a 803
bonus for density, height, or floor area ratio pursuant to an 804
ordinance or regulation of the jurisdiction where the proposed 805
development is located if the proposed development satisfies the 806
conditions to receive the bonus except for any condition which 807
conflicts with this subsection. If a proposed development 808
qualifies for such bonus, the bonus must be administratively 809
approved by the municipality and no further action by the 810
governing body of the municipality is required. 811
(l) A municipality shall approve building permit plan 812
review for a proposed development within 60 days authorize d 813
under this subsection, and prioritize building permit plan 814
review for projects authorized under this subsection over other 815
development projects. 816
(m) Notwithstanding s. 57.112(6), the prevailing party in 817
a challenge under this subsection is entitled to recover 818
attorney fees and costs, including reasonable appellate attorney 819
fees and costs. 820
(n)(k) This subsection does not apply to: 821
1. Airport-impacted areas as provided in s. 333.03. 822
2. Property defined as recreational and commercial working 823
waterfront in s. 342.201(2)(b) in any area zoned as industrial. 824
(o) After July 1, 2023, if a municipality adopts an 825
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ordinance or resolution, or makes any other decision, and such 826
ordinance, resolution, or decision has the effect, either 827
directly or indirectly, o f: 828
a. Limiting the height, floor area ratio, or density of a 829
project under this section; 830
b. Unreasonably delaying the development or construction 831
of a project under this section, including, but not limited to, 832
imposing a moratorium; 833
c. Restricting the manner in which affordable units are 834
developed or accessed within a project or regulating the types 835
of units in the project; or 836
d. Restricting or limiting a project under this section in 837
any other way, 838
839
then such ordinance, resolution, or decision shal l be deemed 840
preempted. If a property owner files a site plan application 841
under this section with a municipality, the administrative 842
review process must be based only on the land development 843
regulations in effect as of the date of filing the application. 844
(p) The regulation of affordable housing under this 845
subsection is expressly preempted to the state. This subsection 846
supersedes any local government ordinances, resolutions, or any 847
other local regulations, including local moratoriums, on matters 848
covered under this subsection. 849
(q) If an action is filed against a local government to 850
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challenge the adoption or enforcement of a local ordinance, 851
resolution, or other local regulation on the grounds that it is 852
expressly preempted by general law under this subsecti on, the 853
court shall expedite the proceeding and render a decision within 854
30 days after service of process. Notice of appeal shall be 855
filed and served within 30 days from the rendition of the 856
judgment appealed from. The Supreme Court shall adopt rules by 857
October 1, 2025, to ensure the proceedings are handled 858
expeditiously and in a manner consistent with this subsection. 859
(r)(l) This subsection expires October 1, 2033. 860
(8) Any development authorized under paragraph (7)(b) 861
(7)(a) must be treated as a conforming use even after the 862
expiration of subsection (7) and the development's affordability 863
period as provided in paragraph (7)(b) (7)(a), notwithstanding 864
the municipality's comprehensive plan, future land use 865
designation, or zonin g. If at any point during the development's 866
affordability period the development violates the affordability 867
period requirement provided in paragraph (7)(b) (7)(a), the 868
development must be allowed a reasonable time to cure such 869
violation. If the violation i s not cured within a reasonable 870
time, the development must be treated as a nonconforming use. 871
(9) A municipality's review or approval of an application 872
for a development permit or development order may not be 873
conditioned on the waiver, forbearance, or ab andonment of any 874
development right authorized by this section. Any such waiver, 875
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forbearance, or abandonment is void. 876
(10)(a) Beginning June 30, 2026, each municipality must 877
provide an annual report to the state land planning agency that 878
includes: 879
1. All litigation initiated under subsection (9), the 880
status of the case, and, if applicable, the final disposition. 881
2. All actions the municipality has taken on any proposed 882
project under this section, including, at minimum, the project 883
size, density, and in tensity, and the number of units and the 884
number of affordable units for such proposed project. 885
3. For any proposed development that is denied or not 886
accepted, all actions the municipality has taken relating to 887
such proposed development and an explanation for why such 888
actions were taken. 889
(b) The state land planning agency shall provide an annual 890
report to the Governor, the President of the Senate, and the 891
Speaker of the House of Representatives regarding municipal 892
compliance with this section. 893
(11)(a) A municipality may not impose a building 894
moratorium that has the effect of delaying the permitting of 895
construction of a multifamily project that would otherwise 896
qualify for: 897
1. An affordable housing ad valorem tax exemption under s. 898
196.1978 or s. 196.19 79. 899
2. Any grant loan or other incentive provided for the 900
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development of affordable housing under chapter 420. 901
3. Any abatement of development restrictions under 902
subsection (7). 903
(b) The property owner of a multifamily project described 904
in paragraph (a), which is adversely affected by a building 905
moratorium imposed in violation of this subsection, has a cause 906
of action against the municipality. If the court finds that a 907
municipality has violated this subsection, it may provide 908
injunctive relief, compens atory damages, and reasonable attorney 909
fees and costs, not to exceed $100,000, to a prevailing 910
plaintiff. For purposes of this paragraph, the term "reasonable 911
attorney fees and costs" means the reasonable and necessary 912
attorney fees and costs incurred for all preparations, motions, 913
hearings, trials, and appeals in a proceeding. The term does not 914
include any attorney fees or costs directly incurred by or 915
associated with litigation to determine an award of reasonable 916
attorney fees or costs. 917
(12) If the owner of an administratively approved proposed 918
development has acted in reliance on that approval, the owner 919
has a vested right to proceed with development under the 920
relevant laws, regulations, and ordinances at the time such 921
rights vested, if the property continues to comply with the 922
requirements of this section. 923
Section 5. Subsection (7) is added to section 163.2517, 924
Florida Statutes, to read: 925
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163.2517 Designation of urban infill and redevelopment 926
area.— 927
(7) Notwithstanding any ordinance to the co ntrary existing 928
on July 1, 2025, a proposed urban infill development must be 929
administratively approved, and a comprehensive plan amendment, 930
rezoning, or variance is not required. 931
Section 6. Subsections (9) and (53) of section 163.3164, 932
Florida Statutes, are amended to read: 933
163.3164 Community Planning Act; definitions. —As used in 934
this act: 935
(9) "Compatibility" means a condition in which land uses 936
or conditions can coexist in relative proximity to each other in 937
a stable fashion over time such that no use or condition is 938
unduly negatively impacted directly or indirectly by another use 939
or condition. All residential land use categories are deemed to 940
be compatible with each other. 941
(53) "Urban service area" means areas in which identified 942
in the comprehensive plan where public facilities and services, 943
including, but not limited to, central water and sewer capacity 944
and roads, are already in place or may be expanded by the are 945
identified in the capital improvements element. The term 946
includes any areas identi fied in the comprehensive plan as urban 947
service areas, regardless of local government or the private 948
sector as evidenced by an executed agreement with the local 949
government to provide urban services within the local 950
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government's 20-year planning period limitation. 951
Section 7. Subsection (2) and paragraph (a) of subsection 952
(6) of section 163.3177, Florida Statutes, are amended to read: 953
163.3177 Required and optional elements of comprehensive 954
plan; studies and surveys. — 955
(2) Coordination of the required and optional several 956
elements of the local comprehensive plan must shall be a major 957
objective of the planning process. The required and optional 958
several elements of the comprehensive plan must shall be 959
consistent. Optional elements of the comprehensive pla n may not 960
contain policies that restrict the density or intensity 961
established in the future land use element. Where data is 962
relevant to required and optional several elements, consistent 963
data must shall be used, including population estimates and 964
projections unless alternative data can be justified for a plan 965
amendment through new supporting data and analysis . Each map 966
depicting future conditions must reflect the principles, 967
guidelines, and standards within all elements, and each such map 968
must be contained within the comprehensive plan. 969
(6) In addition to the requirements of subsections (1) -970
(5), the comprehensive plan shall include the following 971
elements: 972
(a) A future land use plan element designating proposed 973
future general distribution, location, and e xtent of the uses of 974
land for residential uses, commercial uses, industry, 975
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agriculture, recreation, conservation, education, public 976
facilities, and other categories of the public and private uses 977
of land. The approximate acreage and the general range of 978
density or intensity of use shall be provided for the gross land 979
area included in each existing land use category. The element 980
shall establish the long -term end toward which land use programs 981
and activities are ultimately directed. 982
1. Each future land use category must be defined in terms 983
of uses included, and must include standards to be followed in 984
the control and distribution of population densities and 985
building and structure intensities. The proposed distribution, 986
location, and extent of the various cat egories of land use shall 987
be shown on a land use map or map series which shall be 988
supplemented by goals, policies, and measurable objectives. 989
2. The future land use plan and plan amendments shall be 990
based upon surveys, studies, and data regarding the are a, as 991
applicable, including: 992
a. The amount of land required to accommodate anticipated 993
growth. 994
b. The projected permanent and seasonal population of the 995
area. 996
c. The character of undeveloped land. 997
d. The availability of water supplies, public facilities, 998
and services. 999
e. The need for redevelopment, including the renewal of 1000
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blighted areas and the elimination of nonconforming uses which 1001
are inconsistent with the character of the community. 1002
f. The compatibility of uses on lands adjacent to or 1003
closely proximate to military installations. 1004
g. The compatibility of uses on lands adjacent to an 1005
airport as defined in s. 330.35 and consistent with s. 333.02. 1006
h. The discouragement of urban sprawl. 1007
i. The need for job creation, capital investment, and 1008
economic development that will strengthen and diversify the 1009
community's economy. 1010
j. The need to modify land uses and development patterns 1011
within antiquated subdivisions. 1012
3. The future land use plan element shall include criteria 1013
to be used to: 1014
a. Achieve the compatibility of lands adjacent or closely 1015
proximate to military installations, considering factors 1016
identified in s. 163.3175(5). 1017
b. Achieve the compatibility of lands adjacent to an 1018
airport as defined in s. 330.35 and consistent with s. 333 .02. 1019
c. Encourage preservation of recreational and commercial 1020
working waterfronts for water -dependent uses in coastal 1021
communities. 1022
d. Encourage the location of schools proximate to urban 1023
residential areas to the extent possible. 1024
e. Coordinate future land uses with the topography and 1025
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soil conditions, and the availability of facilities and 1026
services. 1027
f. Ensure the protection of natural and historic 1028
resources. 1029
g. Provide for the compatibility of adjacent land uses. 1030
h. Provide guidelines for the impl ementation of mixed-use 1031
development including the types of uses allowed, the percentage 1032
distribution among the mix of uses, or other standards, and the 1033
density and intensity of each use. 1034
4. The amount of land designated for future planned uses 1035
shall provide a balance of uses that foster vibrant, viable 1036
communities and economic development opportunities and address 1037
outdated development patterns, such as antiquated subdivisions. 1038
The amount of land designated for future land uses should allow 1039
the operation of real estate markets to provide adequate choices 1040
for permanent and seasonal residents and business and may not be 1041
limited solely by the projected population. The element shall 1042
accommodate at least the minimum amount of land required to 1043
accommodate the medium projections as published by the Office of 1044
Economic and Demographic Research for at least a 10 -year 1045
planning period unless otherwise limited under s. 380.05, 1046
including related rules of the Administration Commission. 1047
5. The future land use plan of a co unty may designate 1048
areas for possible future municipal incorporation. 1049
6. The land use maps or map series shall generally 1050
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identify and depict historic district boundaries and shall 1051
designate historically significant properties meriting 1052
protection. 1053
7. The future land use element must clearly identify the 1054
land use categories in which public schools are an allowable 1055
use. When delineating the land use categories in which public 1056
schools are an allowable use, a local government shall include 1057
in the categories sufficient land proximate to residential 1058
development to meet the projected needs for schools in 1059
coordination with public school boards and may establish 1060
differing criteria for schools of different type or size. Each 1061
local government shall include lands con tiguous to existing 1062
school sites, to the maximum extent possible, within the land 1063
use categories in which public schools are an allowable use. 1064
8. Future land use map amendments shall be based upon the 1065
following analyses: 1066
a. An analysis of the availabil ity of facilities and 1067
services. 1068
b. An analysis of the suitability of the plan amendment 1069
for its proposed use considering the character of the 1070
undeveloped land, soils, topography, natural resources, and 1071
historic resources on site. 1072
c. An analysis of the minimum amount of land needed to 1073
achieve the goals and requirements of this section. 1074
9. The future land use element must and any amendment to 1075
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the future land use element shall discourage the proliferation 1076
of urban sprawl by planning for future developmen t as provided 1077
in this section. 1078
a. The primary indicators that a plan or plan amendment 1079
does not discourage the proliferation of urban sprawl are listed 1080
below. The evaluation of the presence of these indicators shall 1081
consist of an analysis of the plan or plan amendment within the 1082
context of features and characteristics unique to each locality 1083
in order to determine whether the plan or plan amendment: 1084
(I) Promotes, allows, or designates for development 1085
substantial areas of the jurisdiction to develop as lo w-1086
intensity, low-density, or single-use development or uses. 1087
(II) Promotes, allows, or designates significant amounts 1088
of urban development to occur in rural areas at substantial 1089
distances from existing urban areas while not using undeveloped 1090
lands that are available and suitable for development. 1091
(III) Promotes, allows, or designates urban development in 1092
radial, strip, isolated, or ribbon patterns generally emanating 1093
from existing urban developments. 1094
(IV) Fails to adequately protect and conserve natur al 1095
resources, such as wetlands, floodplains, native vegetation, 1096
environmentally sensitive areas, natural groundwater aquifer 1097
recharge areas, lakes, rivers, shorelines, beaches, bays, 1098
estuarine systems, and other significant natural systems. 1099
(V) Fails to adequately protect adjacent agricultural 1100
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areas and activities, including silviculture, active 1101
agricultural and silvicultural activities, passive agricultural 1102
activities, and dormant, unique, and prime farmlands and soils. 1103
(VI) Fails to maximize use of ex isting public facilities 1104
and services. 1105
(VII) Fails to maximize use of future public facilities 1106
and services. 1107
(VIII) Allows for land use patterns or timing which 1108
disproportionately increase the cost in time, money, and energy 1109
of providing and maintainin g facilities and services, including 1110
roads, potable water, sanitary sewer, stormwater management, law 1111
enforcement, education, health care, fire and emergency 1112
response, and general government. 1113
(IX) Fails to provide a clear separation between rural and 1114
urban uses. 1115
(X) Discourages or inhibits infill development or the 1116
redevelopment of existing neighborhoods and communities. 1117
(XI) Fails to encourage a functional mix of uses. 1118
(XII) Results in poor accessibility among linked or 1119
related land uses. 1120
(XIII) Results in the loss of significant amounts of 1121
functional open space. 1122
b. The future land use element or plan amendment shall be 1123
determined to discourage the proliferation of urban sprawl if it 1124
incorporates a development pattern or urban form that achieves 1125
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four or more of the following: 1126
(I) Directs or locates economic growth and associated land 1127
development to geographic areas of the community in a manner 1128
that does not have an adverse impact on and protects natural 1129
resources and ecosystems. 1130
(II) Promotes the efficient and cost -effective provision 1131
or extension of public infrastructure and services. 1132
(III) Promotes walkable and connected communities and 1133
provides for compact development and a mix of uses at densities 1134
and intensities that will support a rang e of housing choices and 1135
a multimodal transportation system, including pedestrian, 1136
bicycle, and transit, if available. 1137
(IV) Promotes conservation of water and energy. 1138
(V) Preserves agricultural areas and activities, including 1139
silviculture, and dormant, unique, and prime farmlands and 1140
soils. 1141
(VI) Preserves open space and natural lands and provides 1142
for public open space and recreation needs. 1143
(VII) Creates a balance of land uses based upon demands of 1144
the residential population for the nonresidential ne eds of an 1145
area. 1146
(VIII) Provides uses, densities, and intensities of use 1147
and urban form that would remediate an existing or planned 1148
development pattern in the vicinity that constitutes sprawl or 1149
if it provides for an innovative development pattern such as 1150
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transit-oriented developments or new towns as defined in s. 1151
163.3164. 1152
10. The future land use element shall include a future 1153
land use map or map series. 1154
a. The proposed distribution, extent, and location of the 1155
following uses shall be shown on the fut ure land use map or map 1156
series: 1157
(I) Residential. 1158
(II) Commercial. 1159
(III) Industrial. 1160
(IV) Agricultural. 1161
(V) Recreational. 1162
(VI) Conservation. 1163
(VII) Educational. 1164
(VIII) Public. 1165
b. The following areas shall also be shown on the future 1166
land use map or map series, if applicable: 1167
(I) Historic district boundaries and designated 1168
historically significant properties. 1169
(II) Transportation concurrency management area boundaries 1170
or transportation concurrency exception area boundaries. 1171
(III) Multimodal transportation district boundaries. 1172
(IV) Mixed-use categories. 1173
c. The following natural resources or conditions shall be 1174
shown on the future land use map or map series, if applicable: 1175
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(I) Existing and planned public potable waterwells, cones 1176
of influence, and wellhead protection areas. 1177
(II) Beaches and shores, including estuarine systems. 1178
(III) Rivers, bays, lakes, floodplains, and harbors. 1179
(IV) Wetlands. 1180
(V) Minerals and soils. 1181
(VI) Coastal high hazard areas. 1182
Section 8. Paragraph (e) of subsection (8) of section 1183
163.3167, Florida Statutes, is redesignated as paragraph (f), 1184
and paragraph (e) is added to that subsection, to read: 1185
163.3167 Scope of act. — 1186
(8) 1187
(e) The approval of an increase in height or floor area 1188
ratio in the land development regulations by a local government, 1189
commission, council, or board shall be by ordinance with a 1190
simple majority vote. For purposes of this paragraph, the term 1191
"floor area ratio" includes floor lot area. 1192
Section 9. Section 163.31771, Florida Statutes, is amended 1193
to read: 1194
163.31771 Accessory dwelling units. — 1195
(1) The Legislature finds that the median price of homes 1196
in this state has increased steadily over the last decade and at 1197
a greater rate of increase than the median income in many urba n 1198
areas. The Legislature finds that the cost of rental housing has 1199
also increased steadily and the cost often exceeds an amount 1200
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that is affordable to extremely -low-income, very-low-income, 1201
low-income, or moderate-income persons and has resulted in a 1202
critical shortage of affordable rentals in many urban areas in 1203
the state. This shortage of affordable rentals constitutes a 1204
threat to the health, safety, and welfare of the residents of 1205
the state. Therefore, the Legislature finds that it serves an 1206
important public purpose to encourage the permitting of 1207
accessory dwelling units in single -family residential areas in 1208
order to increase the availability of affordable rentals for 1209
extremely-low-income, very-low-income, low-income, or moderate-1210
income persons. 1211
(2) As used in this section, the term: 1212
(a) "Accessory dwelling unit" means an ancillary or 1213
secondary living unit, that has a separate kitchen, bathroom, 1214
and sleeping area, existing either within the same structure, or 1215
on the same lot, as the primary dwelling unit . 1216
(b) "Affordable rental" means that monthly rent and 1217
utilities do not exceed 30 percent of that amount which 1218
represents the percentage of the median adjusted gross annual 1219
income for extremely -low-income, very-low-income, low-income, or 1220
moderate-income persons. 1221
(c) "Department" means the Department of Commerce. 1222
(d)(g) "Extremely-low-income persons" has the same meaning 1223
as in s. 420.0004(9). 1224
(e)(c) "Local government" means a county or municipality. 1225
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(f)(d) "Low-income persons" has the same meaning a s in s. 1226
420.0004(11). 1227
(g)(e) "Moderate-income persons" has the same meaning as 1228
in s. 420.0004(12). 1229
(h)(f) "Very-low-income persons" has the same meaning as 1230
in s. 420.0004(17). 1231
(3) A local government shall may adopt an ordinance to 1232
allow accessory dwelling units in any area zoned for single -1233
family residential use. A local government may not directly, 1234
unreasonably increase, or in effect unreasonably increase, the 1235
cost to construct, in effect prohibit the constru ction of, or 1236
extinguish the ability to otherwise construct an accessory 1237
dwelling unit. Such regulation does not include: 1238
(a) Restrictions on the terms of rentals that do not apply 1239
generally to other housing in the same district or zone. 1240
(b) Parking requirements and minimum lot size requirements 1241
that do not apply general to other housing in the same district 1242
or zone, other lot design regulations that unreasonably increase 1243
the cost to construct or unreasonably extinguish the ability to 1244
construct an accessory dwelling unit on a lot. 1245
(c) Discretionary conditional use permit procedures or 1246
standards that do not apply generally to other housing in the 1247
same district or zone. 1248
(4) An application for a building permit to construct an 1249
accessory dwelling unit mus t include an affidavit from the 1250
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applicant which attests that the unit will be rented at an 1251
affordable rate to an extremely -low-income, very-low-income, 1252
low-income, or moderate-income person or persons. 1253
(4)(5) Each accessory dwelling unit allowed by an 1254
ordinance adopted under this section applies shall apply toward 1255
satisfying the affordable housing component of the housing 1256
element in the local government's comprehensive plan under s. 1257
163.3177(6)(f). 1258
(5)(a) Beginning October 1, 2025, and by October 1 ever y 1259
year thereafter, the local government shall submit an annual 1260
report to the department, in a form and manner prescribed by the 1261
department, and post publicly on its website, the following 1262
information for the previous fiscal year: 1263
1. The number of applica tions to construct new accessory 1264
dwelling units, the number of new accessory dwelling units that 1265
have been approved, and the number of new accessory dwelling 1266
units that have been denied, and the reason for denial. 1267
2. The number of allowable accessory dwe lling units 1268
located in the jurisdiction, the number of accessory dwelling 1269
units, attached or unattached, which are not allowed by an 1270
ordinance, and the number of single -family homes in a zoning 1271
district in which accessory dwelling units are allowed by an 1272
ordinance. 1273
(b) The department may adopt rules to administer and 1274
enforce this subsection. 1275
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(6)(a) The owner of property with an accessory dwelling 1276
unit may not be denied a homestead exemption or homestead 1277
property assessment limitation solely on the basis of the 1278
property containing an accessory dwelling unit which may be 1279
rented. 1280
(b) If the accessory dwelling unit is rented by the 1281
property owner: 1282
1. The assessment of the accessory dwelling unit must be 1283
separated from the homestead property. 1284
2. It may not be construed as an abandonment of the 1285
dwelling previously claimed to be a homestead under s. 196.061, 1286
provided such dwelling is physically occupied by the owner. 1287
(c) If the accessory dwelling unit is not rented by the 1288
property owner, the assessment o f the accessory dwelling unit 1289
must be considered part of the homestead property. 1290
Section 10. Paragraphs (a) and (b) of subsection (1) of 1291
section 196.1979, Florida Statutes, are amended to read: 1292
196.1979 County and municipal affordable housing propert y 1293
exemption.— 1294
(1)(a) Notwithstanding ss. 196.195 and 196.196, the board 1295
of county commissioners of a county or the governing body of a 1296
municipality may adopt an ordinance to exempt those portions of 1297
property used to provide affordable housing meeting the 1298
requirements of this section. Such property is considered 1299
property used for a charitable purpose. To be eligible for the 1300
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exemption, the portions of property: 1301
1. Must be used to house natural persons or families whose 1302
annual household income: 1303
a. Is greater than 30 percent but not more than 60 percent 1304
of the median annual adjusted gross income for households within 1305
the metropolitan statistical area or, if not within a 1306
metropolitan statistical area, within the county where in which 1307
the person or family re sides; or 1308
b. Does not exceed 30 percent of the median annual 1309
adjusted gross income for households within the metropolitan 1310
statistical area or, if not within a metropolitan statistical 1311
area, within the county where in which the person or family 1312
resides.; 1313
2.a. Must be within a multifamily project containing at 1314
least the minimum number of residential units as defined by the 1315
county or municipality that adopts an ordinance under this 1316
section; a county or municipality that adopts an ordinance under 1317
this section may set a minimum residential unit threshold that 1318
deems a property eligible for the exemption for properties that 1319
exceed 15,000 square feet, at a minimum of 5 units not to exceed 1320
a minimum of 50 residential units 50 or more residential units, 1321
at least 20 percent of which are used to provide affordable 1322
housing that meets the requirements of this section ; or 1323
b. Must be an accessory dwelling unit as defined in s. 1324
163.31771(2). 1325
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3. Must be rented for an amount no greater than the amount 1326
as specified by the most recent multifamily rental programs 1327
income and rent limit chart posted by the corporation and 1328
derived from the Multifamily Tax Subsidy Projects Income Limits 1329
published by the United States Department of Housing and Urban 1330
Development or 90 percent of the fair market value rent as 1331
determined by a rental market study meeting the requirements of 1332
subsection (4), whichever is less .; 1333
4. May not have been cited for code violations on three or 1334
more occasions in the 24 months before the submission of a tax 1335
exemption application.; 1336
5. May not have any cited code violations that have not 1337
been properly remedied by the property owner before the 1338
submission of a tax exemption application .; and 1339
6. May not have any unpaid fines or charges relating to 1340
the cited code violations. Payment of unpaid fines or charges 1341
before a final determination on a property's qualification for 1342
an exemption under this section will not exclude such property 1343
from eligibility if the property otherwise complies with all 1344
other requirements fo r the exemption. 1345
(b) Qualified property may receive an ad valorem property 1346
tax exemption of: 1347
1. Up to 75 percent of the assessed value of each 1348
residential unit used to provide affordable housing if fewer 1349
than 100 percent of the multifamily project's residential units 1350
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are used to provide affordable housing meeting the requirements 1351
of this section. 1352
2. Up to 100 percent of the assessed value of each 1353
residential unit used to provide affordable housing if 100 1354
percent of the multifamily project's residential units are used 1355
to provide affordable housing meeting the requirements of this 1356
section. 1357
3. Up to 100 percent of the assessed value of the 1358
accessory dwelling unit if the unit is used to provide 1359
affordable housing meeting the requirements of this section. 1360
Section 11. Paragraph (a) of subsection (5) of section 1361
333.03, Florida Statutes, is amended to read: 1362
333.03 Requirement to adopt airport zoning regulations. — 1363
(5) Sections 125.01055(7) and 166.04151(7) do not apply to 1364
any of the following: 1365
(a) A proposed development near a runway within one-1366
quarter of a mile laterally from the runway edge a nd within an 1367
area that is the width of one -quarter of a mile extending at 1368
right angles from the end of the runway for a distance of 10,000 1369
feet of any runway for an existing commercial service airport 1370
runway or planned commercial service airport runway identified 1371
in the local government's airport master plan. As used in this 1372
paragraph, the term "commercial service airport" has the same 1373
meaning as in s. 332.0075(1). 1374
Section 12. Paragraph (d) of subsection (1) of section 1375
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420.50871, Florida Statutes, is amended, and paragraph (e) is 1376
added to subsection (1) of that section, to read: 1377
420.50871 Allocation of increased revenues derived from 1378
amendments to s. 201.15 made by ch. 2023 -17.—Funds that result 1379
from increased revenues to the State H ousing Trust Fund derived 1380
from amendments made to s. 201.15 made by chapter 2023 -17, Laws 1381
of Florida, must be used annually for projects under the State 1382
Apartment Incentive Loan Program under s. 420.5087 as set forth 1383
in this section, notwithstanding ss. 42 0.507(48) and (50) and 1384
420.5087(1) and (3). The Legislature intends for these funds to 1385
provide for innovative projects that provide affordable and 1386
attainable housing for persons and families working, going to 1387
school, or living in this state. Projects appro ved under this 1388
section are intended to provide housing that is affordable as 1389
defined in s. 420.0004, notwithstanding the income limitations 1390
in s. 420.5087(2). Beginning in the 2023 -2024 fiscal year and 1391
annually for 10 years thereafter: 1392
(1) The corporation shall allocate 70 percent of the funds 1393
provided by this section to issue competitive requests for 1394
application for the affordable housing project purposes 1395
specified in this subsection. The corporation shall finance 1396
projects that: 1397
(d) Provide housing nea r military installations and United 1398
States Department of Veterans Affairs medical centers or 1399
outpatient clinics in this state, with preference given to 1400
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projects that incorporate critical services for servicemembers, 1401
their families, and veterans, such as me ntal health treatment 1402
services, employment services, and assistance with transition 1403
from active-duty service to civilian life. 1404
(e) Provide housing in areas of critical housing shortage 1405
for essential service and high -demand career employees through a 1406
public-private housing partnership agreement with major public 1407
and private sector employers for whom housing shortages are 1408
affecting recruitment and retention of workers. Private sector 1409
employers shall provide land and financial support for the 1410
housing projects. Housing may not be exclusive to any specific 1411
employee group. 1412
Section 13. Section 702.13, Florida Statutes, is created 1413
to read: 1414
702.13 Expedited foreclosure proceedings for abandoned 1415
real property.- 1416
(1) As used in this section, the term: 1417
(a) "Abandoned real property" means residential real 1418
property that a homeowner does not continue to occupancy or use, 1419
and at least three of the following indications of abandonment 1420
are met: 1421
1. Furnishings and personal items consistent with 1422
residential occupanc y are not present on the property; 1423
2. Public utility services, such as gas, electric, or 1424
water utilities, are disconnected; 1425
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3. Windows on the property are boarded up or closed off; 1426
smashed, broken, or unhinged; or window panes are broken and 1427
unrepaired; 1428
4. Statements are provided by neighbors, delivery agents, 1429
or government employees that the property is vacant; 1430
5. Doors on the property are substantially damaged, 1431
broken, unhinged, or conspicuously open; 1432
6. The property is stripped of copper or any other 1433
nonferrous metal, including, but not limited to, copper, copper 1434
alloy, brass, aluminum, bronze, lead, zinc, nickel, and alloys 1435
thereof, or any interior fixtures are removed; 1436
7. At least one report has been received by law 1437
enforcement officials of trespassing, vandalism, or other 1438
illegal activity on the property within the immediately 1439
preceding 6 months; 1440
8. The property has been declared unfit for occupancy and 1441
ordered to remain vacant and unoccupied under an order issued by 1442
a municipal authority or county authority, or by a court of 1443
competent jurisdiction; 1444
9. Construction has been initiated on the property but is 1445
discontinued before completion, leaving the property unsuitable 1446
for occupancy, and construction has not taken place for at least 1447
12 months; 1448
10. Newspapers, circulars, flyers, or mail has accumulated 1449
on the property or the United States Postal Service has 1450
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discontinued delivery to the property; 1451
11. Rubbish, trash, debris, neglected vegetation, or 1452
natural overgrowth has accumulated on t he property; 1453
12. Hazardous, noxious, or unhealthy substances or 1454
materials have accumulated on the property; 1455
13. The homeowner or a representative for the property 1456
cannot be reached after a credible attempt to communicate; or 1457
14. Other credible indications exist indicating that the 1458
homeowner has vacated and abandoned the property. 1459
(b) "Claimant" means a person or entity claiming a legal 1460
right to initiate a foreclosure action, including: 1461
1. A mortgagee as defined in s. 701.041. 1462
2. A tax lienholder or a tax certificate holder pursuant 1463
to chapter 197. 1464
3. A homeowners' association or a condominium association 1465
enforcing a lien pursuant to s. 718.116 or s. 720.3085. 1466
4. A county, municipality, or other governmental entity 1467
enforcing a lien for: 1468
a. Code violations pursuant to chapter 162. 1469
b. Utility services pursuant to chapter 159 or local 1470
ordinance. 1471
c. Environmental cleanup pursuant to chapters 376 and 403. 1472
d. Special assessments pursuant to chapters 170 and 197. 1473
5. A mechanic or labo rer enforcing a lien under part II 1474
of chapter 713. 1475
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6. A judgment lienholder pursuant to chapter 55. 1476
7. State tax authorities enforcing a lien pursuant to s. 1477
213.758 or s. 192.091, including a lien for unpaid taxes 1478
administered by the Florida Department of Revenue. 1479
8. Special districts, including, but not limited to, 1480
Community Development Districts, enforcing a lien pursuant to 1481
chapters 189 and 190. 1482
9. Other governmental or quasi -governmental entities, 1483
including water management districts and public hospital boards, 1484
enforcing a lien pursuant to s. 373.503 or s. 154.02. 1485
10. A lienholder authorized to request an order to show 1486
cause for the entry of final judgment in a foreclosure action 1487
pursuant to s. 702.10. 1488
11. Any other person or entity authorize d by general law 1489
to initiate a foreclosure action or enforce a lien against real 1490
property. 1491
(c) "Delinquent party" means the person or entity against 1492
whom a foreclosure action has been initiated, including, but not 1493
limited to, a person or entity in arrear s or default under the 1494
terms of a lien, a mortgage, or any other obligation. 1495
(d) "Mortgagor" has the same meaning as in s. 1496
701.041(1)(d). 1497
(e) "Real property" has the same meaning as in s. 475.801. 1498
(2)(a) In a foreclosure proceeding under this chapter 1499
involving residential real property, the claimant may file a 1500
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motion with the trial court for a judicial determination that 1501
the residential real property is abandoned real property. The 1502
claimant must file a sworn affidavit with the trial court 1503
attesting that the residential real property is "abandoned real 1504
property," as defined in subsection (1), and any other relevant 1505
documentation, including photographic documentation. 1506
(b) Upon filing of the motion, the trial court shall set 1507
the date and time for a hearing on the motion, which must be 1508
conducted at least 15 days but no more than 25 days after the 1509
filing of the motion. 1510
(3)(a) The claimant shall give written notice to the 1511
homeowner and to each known de linquent party. Notice shall be 1512
promptly delivered or sent pursuant to s. 715.104(3) to the last 1513
known mailing address of the homeowner and to each known 1514
delinquent party. In addition, notice shall be sent to the last 1515
known e-mail address of the homeowner and to each known 1516
delinquent party, and shall be given by telephone communication 1517
to the last known telephone number of the homeowner and each 1518
known delinquent party. Notice under this paragraph must include 1519
the following information: 1520
1. State that a mot ion has been filed with the trial court 1521
to make a judicial determination as to whether the residential 1522
real property is abandoned real property and that a hearing 1523
regarding the motion has been set. 1524
2. State the contact information of the trial court to 1525
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which the motion was filed and the date and location of the 1526
hearing on the motion. 1527
3. State the definition of abandoned real property 1528
pursuant to subsection (1). 1529
4. State the possible outcomes if the court makes a 1530
judicial determination that the residen tial real property is 1531
abandoned real property, including the possibility of an 1532
expeditious foreclosure on the property. 1533
5. State that the homeowner or delinquent party has the 1534
right to file an affidavit attesting to legal residence at the 1535
property, or any other documentation of legal residence at the 1536
property, at the time of the hearing and may appear personally 1537
or by way of an attorney at the hearing. 1538
6. State that a mortgagor, lawful occupant, or adverse 1539
possessor of the residential real property unde r s. 95.18 may 1540
contact the trial court for information about the motion and 1541
hearing or to object on the record to the motion. 1542
7. Provide copies of the motion and any documentation in 1543
support of the motion, including photographic and other relevant 1544
documentation. 1545
(b) The claimant shall conspicuously post on the 1546
residential real property a notice printed in at least 12 -point 1547
uppercase and boldfaced type. The notice must state the 1548
information in paragraph (a)1. -6. The claimant shall file with 1549
the trial court photographic documentation of compliance with 1550
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this paragraph after posting the notice on the residential real 1551
property. 1552
(4)(a) At the hearing on the motion, if the trial court 1553
finds by a preponderance of the evidence that the residential 1554
real property is abandoned real property, the court shall render 1555
a declaratory judgment in favor of the claimant and immediately 1556
proceed to a trial of foreclosure pursuant to this chapter. 1557
(b) If the trial court finds at the foreclosure trial that 1558
the abandoned real property meets all requirements necessary to 1559
enter a judgement of foreclosure pursuant to s. 702.036, the 1560
court must promptly order the clerk to schedule a public sale of 1561
the abandoned real property pursuant to s. 45.031. 1562
(5)(a) If a mortgagor, a l awful occupant, or a person 1563
claiming adverse possession pursuant to s. 95.18 objects to the 1564
trial court's judicial determination under subsection(4)(a) and 1565
submits the appropriate documentation with the court, the court 1566
may not enter a declaratory judgment in favor of the claimant. 1567
(b) If, before the sale of the abandoned real property 1568
pursuant to subsection (4)(b), a mortgagor, a lawful occupant, 1569
or a person claiming adverse possession pursuant to s. 95.18 1570
presents sufficient evidence to the court that t he property is 1571
not abandoned real property, the court shall rescind the orders 1572
it issued pursuant to subsection (4)(a) and (b). 1573
(6)(a) This section applies to residential real property 1574
that is abandoned. Residential real property is abandoned if: 1575
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1. The homeowner or delinquent party delivers a written, 1576
signed statement declaring the residential real property to be 1577
abandoned; or 1578
2. The residential real property is considered "abandoned 1579
real property," as defined in subsection (1). 1580
(b) This section do es not apply to residential real 1581
property that is: 1582
1. Subject to an action to quiet title pursuant to s. 1583
65.011, s. 65.021, s. 65.061, or s. 65.071. 1584
2. Subject to a probate action pursuant to chapter 733. 1585
3. The subject of any other litigation where the ownership 1586
of the property is actively disputed. 1587
4. An unoccupied dwelling or building undergoing 1588
construction, renovation, or any other manner of rehabilitation, 1589
which complies with all applicable state and local permitting 1590
requirements and regulatio ns. 1591
Section 14. Section 760.26, Florida Statutes, is amended 1592
to read: 1593
760.26 Prohibited discrimination in land use decisions and 1594
in permitting of development. — 1595
(1) It is unlawful to discriminate in land use decisions 1596
or in the permitting of develop ment based on race, color, 1597
national origin, sex, disability, familial status, religion, or, 1598
except as otherwise provided by law, the source of financing of 1599
a development or proposed development or based on the 1600
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development or proposed development being affo rdable housing as 1601
defined under s. 420.0004(3) . 1602
(2) To ensure that courts may assess damages for claims 1603
filed under this section in accordance with s. 13, Art. X of the 1604
State Constitution, the state, for itself and its agencies or 1605
political subdivisions, waives sovereign immunity for causes of 1606
action based on the application of this section. Such waiver is 1607
limited only to actions brought under this section. A violation 1608
of this section may be remedied as provided by s. 760.35. 1609
Section 15. It is the intent of the Legislature that the 1610
amendment to s. 760.26, Florida Statutes, is remedial and 1611
clarifying in nature, and shall apply retroactively for any 1612
causes of action filed on or before the effective date of the 1613
passage of this act. 1614
Section 16. Subsect ion (29) of section 479.01, Florida 1615
Statutes, is amended to read: 1616
479.01 Definitions. —As used in this chapter, the term: 1617
(29) "Zoning category" means the designation under the 1618
land development regulations or other similar ordinance enacted 1619
to regulate the use of land as provided in s. 163.3202(2)(c) s. 1620
163.3202(2)(b), which designation sets forth the allowable uses, 1621
restrictions, and limitations on use applicable to properties 1622
within the category. 1623
Section 17. Subsection (12) of section 1001.43, Flor ida 1624
Statutes, is amended to read: 1625
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1001.43 Supplemental powers and duties of district school 1626
board.—The district school board shall may exercise the 1627
following supplemental powers and duties as authorized by this 1628
code or State Board of Education rule. 1629
(12) AFFORDABLE HOUSING. — 1630
(a) A district school board shall may use portions of 1631
school sites purchased within the guidelines of the State 1632
Requirements for Educational Facilities, land deemed not usable 1633
for educational purposes because of location or other factors, 1634
or land declared as surplus by the board to provide sites for 1635
affordable housing for teachers and other district personnel 1636
and, in areas of critical state concern, for other essential 1637
services personnel as defined by local affordable housing 1638
eligibility requirements, independently or in conjunction with 1639
other agencies as described in subsection (5) . 1640
(b) Each district school board shall adopt best practices 1641
for surplus land programs, including, but not limited to: 1642
1. Establishing eligibility criteria for the receipt or 1643
purchase of surplus land by developers. 1644
2. Making the process for requesting surplus lands 1645
publicly available. 1646
3. Ensuring long-term affordability through ground leases 1647
by retaining the right of first refusal to purchase property 1648
that would be sold or offered at market rate and by requiring 1649
reversion of property not used for affordable housing within a 1650
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certain timeframe. 1651
4. Each district school board's most recent and all future 1652
educational plan surveys conducted pursuant to s. 235.15 shall 1653
be updated to include an inventory list of such surplus lands. 1654
Section 18. This act shall take effect July 1, 2025. 1655