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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 s. 125.01055, F.S.; prohibiting 3
counties from adopting or enforcing specified laws, 4
ordinances, rules, or other measures relating to 5
affordable housing; authorizing the board of county 6
commissioners to approve the development of housing 7
that is affordable on any parcel that is owned by a 8
specified religious institution; providing 9
definitions; requiring counties to authorize 10
multifamily and mixed -use residential as allowable 11
uses on sites owned by specified entities and in 12
planned unit developments for specified use, if 13
certain conditions are met; requiring counties to 14
include adjacent land as part of multifamily 15
development, regardless of land use designation, if 16
certain conditions are m et; prohibiting counties from 17
requiring a proposed multifamily development to 18
acquire or transfer density, density units, or 19
development units or obtain certain amendments or 20
approval; prohibiting counties from requiring more 21
than a certain percentage of t otal square footage to 22
be used for specified purposes; requiring a specified 23
definition of areas zoned for mixed use; providing 24
that certain affordable or workforce units also 25
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qualify as affordable housing; prohibiting counties 26
from restricting or taking a ction that has the effect 27
of restricting the density of a proposed multifamily 28
or mixed-use residential development below the highest 29
density allowed on or after a specified date; 30
providing construction; prohibiting counties from 31
restricting or taking acti on that has the effect of 32
restricting the maximum lot size of a proposed 33
multifamily or mixed -use residential development below 34
the largest maximum lot size allowed on or after a 35
specified date; prohibiting counties from restricting 36
or taking action that h as the effect of restricting 37
the floor area ratio of a proposed multifamily or 38
mixed-use residential development below a certain 39
percentage allowed on or after a specified date; 40
prohibiting counties from restricting or taking action 41
that has the effect of restricting the height of a 42
proposed multifamily or mixed -use residential 43
development below the highest height allowed on or 44
after a specified date; providing construction; 45
revising the ability of counties to restrict the 46
height of multifamily or mixed -use residential 47
developments that are adjacent to 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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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
multifamily or mixed -use residential developments with 51
no further action or approval in certain instances; 52
requiring such developments to be treated as a 53
conforming use, notwithstanding certain land 54
development regulations; prohibiting counties from 55
initiating or enforcing zoning -in-progress or building 56
moratoriums in certain instances; re quiring each 57
county to maintain on its website a specified policy; 58
requiring counties to reduce certain parking 59
requirements by a specified percentage; requiring 60
counties to approve, within a specified timeframe, 61
building permit plan reviews for proposed 62
developments; providing for the awarding of attorney 63
fees and costs under certain conditions; providing 64
that if a county adopts an ordinance or resolution, or 65
makes any other decision, after a specified date 66
having certain effects, the ordinance, resolution , or 67
decision is deemed preempted; providing that the 68
administrative review process of a site plan filed 69
with a county must be based on land development 70
regulations in effect as of the date of filing the 71
application; preempting the regulation of affordable 72
housing to the state; requiring courts to expedite 73
proceedings and render an order within a specified 74
timeframe if an action is filed against a local 75
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government based on preemption grounds; requiring 76
notice of appeal to be filed and served within a 77
specified timeframe from such judgment; requiring the 78
Supreme Court to adopt rules by a specified date for 79
such expedited proceedings; prohibiting counties from 80
conditioning review or approval of applications for 81
development permits or orders on the waiver, 82
forbearance, acquisition, transfer, or abandonment of 83
any development right, or the procurement or transfer 84
of density units or development units; deeming such 85
actions to be void; providing reporting requirements 86
for counties and the state land planning agency ; 87
prohibiting the imposition of a building moratorium 88
under certain circumstances; providing that the owner 89
of an administratively approved proposed development 90
has a vested right to proceed with development under 91
certain circumstances; amending s. 163.318 01, F.S.; 92
requiring an exception or waiver for a specified 93
percentage of the impact fees for certain 94
developments; amending s. 166.041, F.S.; requiring 95
that ordinances designating property as a historic 96
landmark require a map to be readily available; 97
requiring municipalities to submit such maps to the 98
State Historic Preservation Officer by a specified 99
date; requiring that resolutions designating certain 100
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privately owned property as a historic landmark be 101
based on a certain finding by the governing body for 102
adoption of such resolutions; amending s. 166.04151, 103
F.S.; prohibiting municipalities from adopting or 104
enforcing specified laws, ordinances, rules, or other 105
measures relating to affordable housing; authorizing 106
municipalities to approve the development of ho using 107
that is affordable on any parcel that is owned by 108
specified religious institutions; providing 109
definitions; requiring municipalities to authorize 110
multifamily and mixed -use residential as allowable 111
uses on sites owned by specified entities and in 112
planned unit developments for specified use, if 113
certain conditions are met; requiring municipalities 114
to include adjacent land as part of multifamily 115
development, regardless of land use designation, if 116
certain conditions are met; prohibiting municipalities 117
from requiring a proposed multifamily development to 118
acquire or transfer density, density units, or 119
development units or obtain certain amendments or 120
approval; prohibiting municipalities from requiring 121
more than a certain percentage of total square footage 122
to be used for specified purposes; requiring a 123
specified definition of areas zoned for mixed use; 124
providing that certain affordable or workforce units 125
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also qualify as affordable housing; prohibiting 126
municipalities from restricting or taking action that 127
has the effect of restricting the density of a 128
proposed multifamily or mixed -use residential 129
development below the highest density allowed on or 130
after a specified date; providing construction; 131
prohibiting municipalities from restricting or taking 132
action that has the effect of restricting the maximum 133
lot size of a proposed multifamily or mixed -use 134
residential development below the largest maximum lot 135
size allowed on or after a specified date; prohibiting 136
municipalities from restricting or taking action that 137
has the effect of restricting the floor area ratio of 138
a proposed multifamily or mixed -use residential 139
development below a certain percentage allowed on or 140
after a specified date; prohibiting municipalities 141
from restricting or taking action that has the effect 142
of restricting the height of a proposed multifamily or 143
mixed-use residential development below the highest 144
height allowed on or after a specified date; providing 145
construction; revising the ability of municipalities 146
to restrict the height of multifamily or mix ed-use 147
residential developments that are adjacent to 148
specified parcels to the highest height allowed on or 149
after a specified date; requiring administrative 150
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approval of proposed multifamily or mixed -use 151
residential developments with no further action or 152
approval in certain instances; requiring such 153
developments to be treated as a conforming use, 154
notwithstanding certain land development regulations; 155
prohibiting municipalities from initiating or 156
enforcing zoning-in-progress or building moratoriums 157
in certain instances; requiring each municipality to 158
maintain on its website a specified policy; requiring 159
municipalities to reduce certain parking requirements 160
by a specified percentage; requiring municipalities to 161
approve, within a specified timeframe, building perm it 162
plan reviews for proposed developments; providing for 163
the awarding of attorney fees and costs under certain 164
conditions; providing that if a municipality adopts an 165
ordinance or resolution, or makes any other decision, 166
after a specified date having certai n effects, the 167
ordinance, resolution, or decision is deemed 168
preempted; providing that the administrative review 169
process of a site plan filed with a municipality must 170
be based on land development regulations in effect as 171
of the date of filing the applicatio n; preempting the 172
regulation of affordable housing to the state; 173
requiring courts to expedite proceedings and render an 174
order within a specified timeframe if an action is 175
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filed against a local government based on preemption 176
grounds; requiring notice of app eal to be filed and 177
served within a specified timeframe from such 178
judgment; requiring the Supreme Court to adopt rules 179
by a specified date for such expedited proceedings; 180
prohibiting municipalities from conditioning review or 181
approval of applications for d evelopment permits or 182
orders on the waiver, forbearance, acquisition, 183
transfer, or abandonment of any development right, or 184
the procurement or transfer of density units or 185
development units; deeming such actions to be void; 186
providing reporting requirements for municipalities 187
and the state land planning agency; prohibiting the 188
imposition of a building moratorium under certain 189
circumstances; providing that the owner of an 190
administratively approved proposed development has a 191
vested right to proceed with develo pment under certain 192
circumstances; amending s. 163.2517, F.S.; requiring 193
that proposed urban infill developments be 194
administratively approved, notwithstanding any 195
ordinance to the contrary before a specified date; 196
amending s. 163.3167, F.S.; revising the s cope of the 197
Community Planning Act; amending s. 163.31771, F.S.; 198
revising the definition of the term "accessory 199
dwelling unit"; defining the term "department"; 200
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requiring local governments to adopt ordinances as 201
they relate to accessory dwelling units; proh ibiting 202
local governments from increasing costs of 203
construction of accessory dwelling units; providing 204
exceptions; requiring local governments to submit 205
annual reports beginning on a specified date to the 206
Department of Commerce and post such reports on the 207
local governments' websites; providing requirements 208
for the reports; authorizing the department to adopt 209
rules; prohibiting an owner of property with an 210
accessory dwelling unit from being denied a homestead 211
exemption or homestead property assessment limit ation 212
solely on the basis of the property containing an 213
accessory dwelling unit; establishing requirements for 214
homestead purposes if an accessory dwelling unit is 215
rented by the property owner; requiring an accessory 216
dwelling unit that is not rented to be c onsidered part 217
of homestead property; amending s. 196.1979, F.S.; 218
authorizing the board of county commissioners or the 219
governing body of a municipality to exempt specified 220
portions of property within multifamily projects and 221
accessory dwelling units used t o provide affordable 222
housing; revising ad valorem property tax exemption 223
provisions for accessory dwelling units; amending s. 224
333.03, F.S.; revising applicability for certain 225
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proposed developments; defining the term "commercial 226
service airport"; amending s . 420.50871, F.S.; 227
expanding the scope of financing of affordable housing 228
projects to include certain housing; creating s. 229
702.13, F.S.; providing definitions; authorizing the 230
filing of motions to determine whether residential 231
real property is abandoned re al property; requiring 232
certain documentation to be filed with such motions; 233
requiring the trial court to set a hearing on such 234
motions within a certain timeframe; providing notice 235
requirements; requiring the court to render a 236
declaratory judgment upon cert ain findings and 237
immediately proceed to a foreclosure trial; requiring 238
the court to enter a judgment of foreclosure and 239
schedule a public sale of the abandoned real property 240
upon certain findings; prohibiting the court from 241
entering a declaratory judgment in certain instances; 242
requiring the court to rescind its orders in certain 243
instances; providing applicability; amending s. 244
760.22, F.S.; revising the definition of the term 245
"person"; amending s. 760.26, F.S.; prohibiting 246
discrimination in land use decision s and in permitting 247
of development based on a development or proposed 248
development being affordable housing; providing 249
applicability; amending s. 760.35, F.S.; revising 250
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provisions relating to the issuance of a court order 251
prohibiting a discriminatory housin g practice; 252
providing for waiver of sovereign immunity; amending 253
s. 479.01, F.S.; conforming a cross -reference; 254
amending s. 1001.43, F.S.; requiring district school 255
boards to exercise specified supplemental powers and 256
duties relating to affordable housing; providing an 257
effective date. 258
259
Be It Enacted by the Legislature of the State of Florida: 260
261
Section 1. Subsections (1), (6), (7), and (8) of section 262
125.01055, Florida Statutes, are amended, and subsections (9) 263
through (12) are added to that section, to read: 264
125.01055 Affordable housing. — 265
(1) Notwithstanding any other provision of law, a county 266
may adopt and maintain in effect any law, ordinance, rule, or 267
other measure that is adopted for the purpose of increasing the 268
supply of affordable housing using land use mechanisms such as 269
inclusionary housing or linkage fee ordinances. A county may not 270
adopt or enforce any law, ordinance, rule, or other measure that 271
limits or prohibits affordable housing, including, but not 272
limited to, any measure that is adopted for the purpose of 273
limiting the maximum percentage of units within a certain 274
geographic area or within a certain distance from another 275
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affordable housing project, or that otherwise prohibits 276
affordable housing in areas zoned for such use. 277
(6) Notwithstanding any other law or local ordinance or 278
regulation to the contrary, the board of county commissioners 279
may approve the development of housing that is affordable, as 280
defined in s. 420.0004, including, but not limited to, a mixed -281
use residential deve lopment, on any parcel zoned for commercial 282
or industrial use, or on any parcel, including any contiguous 283
parcel connected thereto, that is owned by a religious 284
institution, as defined in s. 170.201(2), that contains a house 285
of public worship, regardless o f the underlying zoning , so long 286
as at least 10 percent of the units included in the project are 287
for housing that is affordable. The provisions of this 288
subsection are self-executing and do not require the board of 289
county commissioners to adopt an ordinance or a regulation 290
before using the approval process in this subsection. 291
(7)(a) As used in this subsection, regardless of 292
terminology used in a county's land development regulations, the 293
term: 294
1. "Allowable density" means the density prescribed for 295
the property without additional requirements to procure and 296
transfer density units or development units from other 297
properties. 298
2. "Allowable use" means the intended uses identified in a 299
county's land development regulations which are authorized 300
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within a zoning category as a use by right, without the 301
requirement to obtain a variance or waiver. The term does not 302
include uses that are accessory, ancillary, or incidental to the 303
allowable uses or allowed only on a temporary basis. 304
3. "Commercial use" means activi ties associated with the 305
sale, rental, or distribution of products or the sale or 306
performance of services. The term includes, but is not limited 307
to, retail, office, entertainment, and other for -profit business 308
activities. 309
4. "Industrial use" means activi ties associated with the 310
manufacture, assembly, processing, or storage of products or the 311
performance of related services. 312
5. "Planned unit development" has the same meaning as in 313
s. 163.3202(5)(b). 314
(b)1.(a) Notwithstanding any other law, local ordinan ce, 315
or regulation to the contrary, including any local moratorium 316
established after March 29, 2023, a county must authorize 317
multifamily and mixed -use residential as allowable uses on any 318
site owned by the county, a district school board, or a 319
religious institution as defined in s. 170.201(2), and in any 320
area zoned for commercial, industrial, or mixed use ; any planned 321
unit development permitted for commercial, industrial, or mixed 322
use; or any zoning district not zoned solely for use as a 323
single-family home or duplex, if at least 40 percent of the 324
residential units in a proposed multifamily or mixed-use 325
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residential development are rental units that, for a period of 326
at least 30 years, are affordable as defined in s. 420.0004. A 327
county shall authorize the inclus ion of an adjacent parcel of 328
land as part of the multifamily development, regardless of the 329
land use designation of the adjacent parcel, if the residential 330
units to be built on the adjacent parcel comply with the 331
requirements of this subsection. 332
2. Notwithstanding any other law, local ordinance, or 333
regulation to the contrary, a county may not require a proposed 334
multifamily or mixed-use residential development to acquire or 335
transfer density, density units, or development units or obtain 336
an amendment to a development of regional impact, amendment to a 337
development agreement, or amendment to a restrictive covenant or 338
a zoning or land use change, special exception, conditional use 339
approval, variance, or comprehensive plan amendment , or any 340
other approval for the building height, zoning, and densities 341
authorized under this subsection. 342
3. For mixed-use residential projects, at least 65 percent 343
of the total square footage must be used for residential 344
purposes. A county may not require more than 10 percent of the 345
total square footage to be used for nonresidential purposes. 346
4. Notwithstanding any local land development regulation 347
categorization or title, areas zoned for mixed use shall be 348
defined as areas that include both residential and 349
nonresidential uses, rega rdless of whether the residential or 350
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nonresidential uses are permitted as principal use, conditional 351
use, ancillary use, special use, unusual use, accessory use, 352
planned unit development, or planned development. Nonresidential 353
use includes, but is not limi ted to, retail, office, hotel, 354
lodging, civic, institutional, parking, utilities, or other 355
commercial uses. 356
5. Affordable or workforce units that receive any 357
incentive under subsection (4) also qualify as affordable under 358
this subsection as long as the u nits satisfy the requirements of 359
s. 420.0004 and the local regulations. 360
(c)(b) A county may not directly restrict or take action 361
that has the effect of restricting the density of a proposed 362
multifamily or mixed -use residential development authorized 363
under this subsection below the highest currently allowed 364
density allowed on or after July 1, 2023, on any unincorporated 365
land in the county where residential development is allowed 366
under the county's land development regulations. For purposes of 367
this paragraph, the term "highest currently allowed density" 368
does not include the density of any building that met the 369
requirements of this subsection or the density of any building 370
that has received any bonus, variance, or other special 371
exception for density provided in the county's land development 372
regulations as an incentive for development. For purposes of 373
this paragraph, to "directly restrict" or to "take action that 374
has the effect of restricting" density includes requirements to 375
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procure or transfer density units o r development units from 376
other properties. 377
(d) A county may not directly restrict or take action that 378
has the effect of restricting the maximum lot size of a proposed 379
multifamily or mixed -use residential development authorized 380
under this paragraph below the largest maximum lot size allowed 381
on or after July 1, 2023, on any unincorporated land in the 382
county where multifamily or mixed -use residential development is 383
allowed pursuant to the county's land development regulations. A 384
county may not restrict the m aximum lot coverage of a proposed 385
multifamily or mixed -use residential development authorized 386
under this paragraph below 70 percent. 387
(e)(c) A county may not directly restrict or take action 388
that has the effect of restricting the floor area ratio of a 389
proposed multifamily or mixed -use residential development 390
authorized under this subsection below 150 percent of the 391
highest currently allowed floor area ratio allowed on or after 392
July 1, 2023, on any unincorporated land in the co unty where 393
development is allowed under the county's land development 394
regulations. For purposes of this paragraph, the term "highest 395
currently allowed floor area ratio" does not include the floor 396
area ratio of any building that met the requirements of this 397
subsection or the floor area ratio of any building that has 398
received any bonus, variance, or other special exception for 399
floor area ratio provided in the county's land development 400
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regulations as an incentive for development. For purposes of 401
this subsection, the term "floor area ratio" includes floor lot 402
ratio. 403
(f)(d)1. A county may not directly restrict or take action 404
that has the effect of restricting the height of a proposed 405
multifamily or mixed -use residential development authorized 406
under this subsection below the highest currently allowed height 407
allowed on or after July 1, 2023, for a commercial or 408
residential building located in its jurisdiction within 1 mile 409
of the proposed development or 3 stories, whichever is higher. 410
For purposes of this paragrap h, the term "highest currently 411
allowed height" includes the height of the tallest existing 412
building located in its jurisdiction within 1 mile of the 413
proposed development if the existing building exceeds the 414
highest height allowed on or after July 1, 2023. However, the 415
term does not include the height of any building that met the 416
requirements of this subsection or the height of any building 417
that has received any bonus, variance, or other special 418
exception for height provided in the county's land development 419
regulations as an incentive for development. 420
2. If the proposed multifamily or mixed -use residential 421
development is adjacent to, on two or more sides, a parcel zoned 422
for single-family residential use which is within a single -423
family residential developmen t with at least 25 contiguous 424
single-family homes, the county may restrict the height of the 425
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proposed development to 150 percent of the tallest building on 426
any property adjacent to the proposed development, the highest 427
currently allowed height allowed on or after July 1, 2023, for 428
the property provided in the county's land development 429
regulations, or 3 stories, whichever is higher. For the purposes 430
of this paragraph, the term "adjacent to" means those properties 431
sharing more than one point of a property lin e, but does not 432
include properties separated by a public road. 433
(g)1.(e) A proposed multifamily or mixed -use residential 434
development authorized under this subsection must be 435
administratively approved and no further action by the board of 436
county commissioners or any quasi-judicial board of the 437
reviewing body is not authorized required if the development 438
satisfies the county's land development regulations for 439
multifamily or mixed-use residential developments in areas zoned 440
for such use, density, intensity, a nd height, and is otherwise 441
consistent with the comprehensive plan, with the exception of 442
provisions establishing allowable densities, floor area ratios, 443
height, and land use , including mixed-use and minimum 444
nonresidential or commercial floor area requirem ents. The 445
removal or demolition of an existing structure to be performed 446
as part of the proposed development must also be 447
administratively approved. A proposed development authorized 448
under this subsection must be treated as a conforming use, 449
notwithstanding the county's comprehensive plan, future land use 450
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designation, or zoning . Such land development regulations 451
include, but are not limited to, regulations relating to 452
setbacks and parking requirements. 453
2. A county may not initiate or enforce zoning -in-progress 454
or a building moratorium on a proposed development that is 455
subject to this subsection and for which the county has approved 456
the development's preliminary site plan. 457
3. A proposed development located within one -quarter mile 458
of a military installatio n identified in s. 163.3175(2) may not 459
be administratively approved. 460
4. Each county shall maintain on its website a policy 461
containing the zoning map and zoning regulations in effect on 462
July 1, 2023, and the procedures and expectations for 463
administrative approval pursuant to this subsection. 464
(h)(f)1. A county must reduce consider reducing parking 465
requirements by at least 20 percent for a proposed development 466
authorized under this subsection , or by 100 percent for 467
structures that are 20,000 square feet or less if the 468
development is located within one -quarter mile of a transit 469
stop, as defined in the county's land development code, and the 470
transit stop is accessible from the development . 471
2. A county must reduce parking requirements by at least 472
20 percent for a proposed development authorized under this 473
subsection if the development: 474
a. Is located within one -half mile of a major 475
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transportation hub that is accessible from the proposed 476
development by safe, pedestrian -friendly means, such as 477
sidewalks, crosswalks, elevated pedestrian or bike paths, or 478
other multimodal design features; or and 479
b. Has available parking within 600 feet of the proposed 480
development which may consist of options such as on -street 481
parking, parking lots, or parking garages available for use by 482
residents of the proposed development. However, a county may not 483
require that the available parking compensate for the reduction 484
in parking requirements. 485
3. A county must eliminate parking requirements for a 486
proposed mixed-use residential deve lopment authorized under this 487
subsection within an area recognized by the county as a transit -488
oriented development or area, as provided in paragraph (j) (h). 489
4. For purposes of this paragraph, the term "major 490
transportation hub" means any transit station , whether bus, 491
train, or light rail, which is served by public transit with a 492
mix of other transportation options. 493
(i)(g) For proposed multifamily developments in an 494
unincorporated area zoned for commercial or industrial use which 495
is within the boundarie s of a multicounty independent special 496
district that was created to provide municipal services and is 497
not authorized to levy ad valorem taxes, and less than 20 498
percent of the land area within such district is designated for 499
commercial or industrial use, a county must authorize, as 500
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provided in this subsection, such development only if the 501
development is mixed -use residential. 502
(j)(h) A proposed development authorized under this 503
subsection which is located within a transit -oriented 504
development or area, as re cognized by the county, must be mixed -505
use residential and otherwise comply with requirements of the 506
county's regulations applicable to the transit -oriented 507
development or area except for use, height, density, floor area 508
ratio, and parking as provided in th is subsection or as 509
otherwise agreed to by the county and the applicant for the 510
development. 511
(i) Except as otherwise provided in this subsection, a 512
development authorized under this subsection must comply with 513
all applicable state and local laws and regu lations. 514
(k)(j)1. Nothing in this subsection precludes a county 515
from granting a bonus, variance, conditional use, or other 516
special exception for height, density, or floor area ratio in 517
addition to the height, density, and floor area ratio 518
requirements in this subsection. 519
2. Nothing in this subsection precludes a proposed 520
development authorized under this subsection from receiving a 521
bonus for density, height, or floor area ratio pursuant to an 522
ordinance or regulation of the jurisdiction where the propose d 523
development is located if the proposed development satisfies the 524
conditions to receive the bonus except for any condition which 525
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conflicts with this subsection. If a proposed development 526
qualifies for such bonus, the bonus must be administratively 527
approved by the county and no further action by the board of 528
county commissioners is required. 529
(l) A county shall approve a building permit plan review 530
for a proposed development within 60 days as authorized under 531
this subsection, and prioritize a building perm it plan review 532
for projects authorized under this subsection over other 533
development projects. 534
(m) Notwithstanding s. 57.112(6), the prevailing party in 535
a challenge under this subsection is entitled to recover 536
attorney fees and costs, including reasonable appellate attorney 537
fees and costs. 538
(n)(k) This subsection does not apply to: 539
1. Airport-impacted areas as provided in s. 333.03. 540
2. Property defined as recreational and commercial working 541
waterfront in s. 342.201(2)(b) in any area zoned as industria l. 542
(o) After July 1, 2023, if a county adopts an ordinance or 543
resolution, or makes any other decision, and such ordinance, 544
resolution, or decision has the effect, either directly or 545
indirectly, of: 546
1. Limiting the height, floor area ratio, or density of a 547
project under this section; 548
2. Unreasonably delaying the development or construction 549
of a project under this section, including, but not limited to, 550
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imposing a moratorium; 551
3. Restricting the manner in which affordable units are 552
developed or accessed within a project or regulating the types 553
of units in the project; or 554
4. Restricting or limiting a project under this section in 555
any other way, 556
557
then such ordinance, resolution, or decision shall be deemed 558
preempted. If a property owner files a site pl an application 559
under this section with a county, the administrative review 560
process must be based only on the land development regulations 561
in effect as of the date of filing the application. 562
(p) The regulation of affordable housing under this 563
subsection is expressly preempted to the state. This subsection 564
supersedes any local government ordinances, resolutions, or any 565
other local regulations, including local moratoriums, on matters 566
covered under this subsection. 567
(q) If an action is filed against a local government to 568
challenge the adoption or enforcement of a local ordinance, 569
resolution, or other local regulation on the grounds that it is 570
expressly preempted by general law under this subsection, the 571
court shall expedite the proceeding and render a decisio n within 572
30 days after service of process. Notice of appeal shall be 573
filed and served within 30 days after the rendition of the 574
judgment appealed from. The Supreme Court shall adopt rules by 575
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October 1, 2025, to ensure the proceedings are handled 576
expeditiously and in a manner consistent with this subsection. 577
(r)(l) This subsection expires October 1, 2033. 578
(8) Any development authorized under paragraph (7)(b) 579
(7)(a) must be treated as a conforming use even after the 580
expiration of subsection (7) and the de velopment's affordability 581
period as provided in paragraph (7)(b) (7)(a), notwithstanding 582
the county's comprehensive plan, future land use designation, or 583
zoning. If at any point during the development's affordability 584
period the development violates the aff ordability period 585
requirement provided in paragraph (7)(b) (7)(a), the development 586
must be allowed a reasonable time to cure such violation. If the 587
violation is not cured within a reasonable time, the development 588
must be treated as a nonconforming use. 589
(9) A county's review or approval of an application for a 590
development permit or development order may not be conditioned 591
on the: 592
(a) Waiver, forbearance, acquisition, transfer, or 593
abandonment of any development right authorized by this section; 594
or 595
(b) Procurement or transfer of density units or 596
development units. 597
598
Any such waiver, forbearance, acquisition, transfer, 599
procurement, or abandonment is void. 600
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(10)(a) Beginning June 30, 2026, each county must provide 601
an annual report to the state land planning agency that 602
includes: 603
1. All litigation initiated under subsection (9), the 604
status of the case, and, if applicable, the final disposition. 605
2. All actions the county has taken on any proposed 606
project under this section, including, at minimum, the proje ct 607
size, density, and intensity, and the number of units and the 608
number of affordable units for such proposed project. 609
3. For any proposed development that is denied or not 610
accepted, all actions the county has taken on such proposed 611
development and an ex planation for why such actions were taken. 612
(b) The state land planning agency shall provide an annual 613
report to the Governor, the President of the Senate, and the 614
Speaker of the House of Representatives regarding county 615
compliance with this section. 616
(11) A county may not impose a building moratorium that 617
has the effect of delaying the permitting of construction of a 618
multifamily project that would otherwise qualify for: 619
(a) An affordable housing ad valorem tax exemption under 620
s. 196.1978 or s. 196.1979 . 621
(b) Any grant loan or other incentive provided for the 622
development of affordable housing under chapter 420. 623
(c) Any abatement of development restrictions under 624
subsection (7). 625
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(12) If the owner of an administratively approved proposed 626
development has acted in reliance on that approval, the owner 627
has a vested right to proceed with development under the 628
relevant laws, regulations, and ordinances at the time such 629
rights vested, if the property continues to comply with the 630
requirements of this section. 631
Section 2. Subsection (11) of section 163.31801, Florida 632
Statutes, is amended to read: 633
163.31801 Impact fees; short title; intent; minimum 634
requirements; audits; challenges. — 635
(11)(a) A county, municipality, or special district may 636
provide an exception or waiver for an impact fee for the 637
development or construction of housing that is affordable, as 638
defined in s. 420.9071. If a county, municipality, or special 639
district provides such an exception or waiver, it is not 640
required to use any revenues to offs et the impact. 641
(b) Qualified developments authorized pursuant to s. 642
125.01055 or s. 166.04151 shall receive an exception or waiver 643
for 20 percent of the impact fees for the development of, or 644
construction of the portion of the development that is, 645
affordable housing. 646
Section 3. Subsection (2) of section 166.041, Florida 647
Statutes, is amended to read: 648
166.041 Procedures for adoption of ordinances and 649
resolutions.— 650
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(2)(a) Each ordinance or resolution shall be introduced in 651
writing and shall embrace but one subject and matters properly 652
connected therewith. The subject shall be clearly stated in the 653
title. No ordinance shall be revised or amended by reference to 654
its title only. Ordinances to revise or amend shall set out in 655
full the revised or amended act or section or subsection or 656
paragraph of a section or subsection. 657
(b) Any ordinance the subject of which designates property 658
as a historic landmark shall require a printe d or digital map of 659
such property to be readily available. A municipality shall 660
submit such map to the State Historic Preservation Officer no 661
later than June 1, 2027. 662
(c) Any resolution the subject of which designates the 663
character of privately owned pro perty as a historic landmark 664
without the consent of the property owner shall require a 665
finding by the governing body, based on substantial competent 666
evidence, that the historic significance of the subject property 667
is commensurate, to an equal or greater de gree, with property 668
that is already designated as a historic landmark within the 669
municipality. 670
Section 4. Subsections (1), (6), (7), and (8) of section 671
166.04151, Florida Statutes, are amended, and subsections (9) 672
through (12) are added to that section, to read: 673
166.04151 Affordable housing. — 674
(1) Notwithstanding any other provision of law, a 675
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municipality may adopt and maintain in effect any law, 676
ordinance, rule, or other measure that is adopted for the 677
purpose of increasing the supply of affo rdable housing using 678
land use mechanisms such as inclusionary housing or linkage fee 679
ordinances. A municipality may not adopt or enforce any law, 680
ordinance, rule, or other measure that limits or prohibits 681
affordable housing, including, but not limited to, any measure 682
that is adopted for the purpose of limiting the maximum 683
percentage of units within a certain geographic area or within a 684
certain distance from another affordable housing project, or 685
that otherwise prohibits affordable housing in areas zoned for 686
such use. 687
(6) Notwithstanding any other law or local ordinance or 688
regulation to the contrary, the governing body of a municipality 689
may approve the development of housing that is affordable, as 690
defined in s. 420.0004, including, but not limited to, a mix ed-691
use residential development, on any parcel zoned for commercial 692
or industrial use, or on any parcel, including any contiguous 693
parcel connected thereto, that is owned by a religious 694
institution, as defined in s. 170.201(2), that contains a house 695
of public worship, regardless of the underlying zoning , so long 696
as at least 10 percent of the units included in the project are 697
for housing that is affordable. The provisions of this 698
subsection are self-executing and do not require the governing 699
body to adopt an ordinance or a regulation before using the 700
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approval process in this subsection. 701
(7)(a) As used in this subsection, regardless of 702
terminology used in a municipality's land development 703
regulations, the term: 704
1. "Allowable density" means the density prescr ibed for 705
the property without additional requirements to procure and 706
transfer density units or development units from other 707
properties. 708
2. "Allowable use" means the intended uses identified in a 709
municipality's land development regulations which are autho rized 710
within a zoning category as a use by right, without the 711
requirement to obtain a variance or waiver. The term does not 712
include uses that are accessory, ancillary, or incidental to the 713
allowable uses or allowed only on a temporary basis. 714
3. "Commercial use" means activities associated with the 715
sale, rental, or distribution of products or the sale or 716
performance of services. The term includes, but is not limited 717
to, retail, office, entertainment, and other for -profit business 718
activities. 719
4. "Industrial use" means activities associated with the 720
manufacture, assembly, processing, or storage of products or the 721
performance of related services. 722
5. "Planned unit development" has the same meaning as in 723
s. 163.3202(5)(b). 724
(b)1.(a) Notwithstanding any othe r law, local ordinance, 725
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or regulation to the contrary, including any local moratorium 726
established after March 29, 2023, a municipality must authorize 727
multifamily and mixed -use residential as allowable uses on any 728
site owned by the municipality, a district school board, or a 729
religious institution as defined in s. 170.201(2), and in any 730
area zoned for commercial, industrial, or mixed use ; any planned 731
unit development permitted for commercial, industrial, or mixed 732
use; or any zoning district not zoned solely f or use as a 733
single-family home or duplex, if at least 40 percent of the 734
residential units in a proposed multifamily or mixed-use 735
residential development are rental units that, for a period of 736
at least 30 years, are affordable as defined in s. 420.0004. A 737
municipality shall authorize the inclusion of an adjacent parcel 738
of land as part of the multifamily development, regardless of 739
the land use designation of the adjacent parcel, if the 740
residential units to be built on the adjacent parcel comply with 741
the requirements of this subsection. 742
2. Notwithstanding any other law, local ordinance, or 743
regulation to the contrary, a municipality may not require a 744
proposed multifamily or mixed-use residential development to 745
obtain an amendment to a development of regional impact, 746
amendment to a development agreement, or amendment to a 747
restrictive covenant or a zoning or land use change, special 748
exception, conditional use approval, variance, or comprehensive 749
plan amendment, or any other approval for the building height, 750
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zoning, and densities authorized under this subsection. 751
3. For mixed-use residential projects, at least 65 percent 752
of the total square footage must be used for residential 753
purposes. A municipality may not require more than 10 percent of 754
the total square foot age to be used for nonresidential purposes. 755
4. Notwithstanding any local land development regulation 756
categorization or title, areas zoned for mixed use shall be 757
defined as areas that include both residential and 758
nonresidential uses, regardless of whether the residential or 759
nonresidential uses are permitted as principal use, conditional 760
use, ancillary use, special use, unusual use, accessory use, 761
planned unit development, or planned development. Nonresidential 762
use includes, but is not limited to, retail, o ffice, hotel, 763
lodging, civic, institutional, parking, utilities, or other 764
commercial uses. 765
5. Affordable or workforce units that receive any 766
incentive under subsection (4) also qualify as affordable under 767
this subsection as long as the units satisfy the requirements of 768
s. 420.0004 and the local regulations. 769
(c)(b) A municipality may not directly restrict or take 770
action that has the effect of restricting the density of a 771
proposed multifamily or mixed -use residential development 772
authorized under this subs ection below the highest currently 773
allowed density allowed on or after July 1, 2023, on any land in 774
the municipality where residential development is allowed under 775
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the municipality's land development regulations. For purposes of 776
this paragraph, the term "h ighest currently allowed density" 777
does not include the density of any building that met the 778
requirements of this subsection or the density of any building 779
that has received any bonus, variance, or other special 780
exception for density provided in the municip ality's land 781
development regulations as an incentive for development. For 782
purposes of this paragraph, to "directly restrict" or to "take 783
action that has the effect of restricting" density includes 784
requirements to procure or transfer density units or develo pment 785
units from other properties. 786
(d) A municipality may not directly restrict or take 787
action that has the effect of restricting the maximum lot size 788
of a proposed multifamily or mixed -use residential development 789
authorized under this paragraph below th e largest maximum lot 790
size allowed on or after July 1, 2023, on any land in the 791
municipality where multifamily or mixed -use residential 792
development is allowed pursuant to the municipality's land 793
development regulations. A municipality may not restrict the 794
maximum lot coverage of a proposed multifamily or mixed -use 795
residential development authorized under this paragraph below 70 796
percent. 797
(e)(c) A municipality may not directly restrict or take 798
action that has the effect of restricting the floor area ratio 799
of a proposed multifamily or mixed -use residential development 800
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authorized under this subsection below 150 percent of the 801
highest currently allowed floor area ratio allowed on or after 802
July 1, 2023, on any land in the municipality where development 803
is allowed under the municipality's land development 804
regulations. For purposes of this paragraph, the term "highest 805
currently allowed floor area ratio" does not include the floor 806
area ratio of any building that met the requirements of this 807
subsection or the floor a rea ratio of any building that has 808
received any bonus, variance, or other special exception for 809
floor area ratio provided in the municipality's land development 810
regulations as an incentive for development. For purposes of 811
this subsection, the term "floor a rea ratio" includes floor lot 812
ratio. 813
(f)(d)1. A municipality may not directly restrict or take 814
action that has the effect of restricting the height of a 815
proposed multifamily or mixed -use residential development 816
authorized under this subsection below the highest currently 817
allowed height allowed on or after July 1, 2023, for a 818
commercial or residential building located in its jurisdiction 819
within 1 mile of the proposed development or 3 stories, 820
whichever is higher. For purposes of this paragraph, the term 821
"highest currently allowed height" includes the height of the 822
tallest existing building located in its jurisdiction within 1 823
mile of the proposed development if the existing building 824
exceeds the highest height allowed on or after July 1, 2023. 825
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However, the term does not include the height of any building 826
that met the requirements of this subsection or the height of 827
any building that has received any bonus, variance, or other 828
special exception for height provided in the municipality's land 829
development regulations as an incentive for development. 830
2. If the proposed multifamily or mixed -use residential 831
development is adjacent to, on two or more sides, a parcel zoned 832
for single-family residential use that i s within a single-family 833
residential development with at least 25 contiguous single -834
family homes, the municipality may restrict the height of the 835
proposed development to 150 percent of the tallest building on 836
any property adjacent to the proposed developme nt, the highest 837
currently allowed height allowed on or after July 1, 2023, for 838
the property provided in the municipality's land development 839
regulations, or 3 stories, whichever is higher. For the purposes 840
of this paragraph, the term "adjacent to" means tho se properties 841
sharing more than one point of a property line, but does not 842
include properties separated by a public road. 843
(g)1.(e) A proposed multifamily or mixed -use residential 844
development authorized under this subsection must be 845
administratively appro ved and no further action or approval by 846
the governing body of the municipality or any quasi-judicial 847
board of the reviewing body is not authorized required if the 848
development satisfies the municipality's land development 849
regulations for multifamily or mixed-use residential 850
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developments as of July 1, 2023, in areas zoned for such use , 851
density, intensity, and height, and is otherwise consistent with 852
the comprehensive plan, with the exception of provisions 853
establishing allowable densities, floor area ratios, height, and 854
land use, including mixed-use and minimum nonresidential or 855
commercial floor area requirements. The removal or demolition of 856
an existing structure to be performed as part of the proposed 857
development must also be administratively approved. A pro posed 858
development authorized under this subsection must be treated as 859
a conforming use, notwithstanding the municipality's 860
comprehensive plan, future land use designation, or zoning . Such 861
land development regulations include, but are not limited to, 862
regulations relating to setbacks and parking requirements. 863
2. A municipality may not initiate or enforce zoning -in-864
progress or a building moratorium on a proposed development that 865
is subject to this subsection and for which the municipality has 866
approved the development's preliminary site plan. 867
3. A proposed development located within one -quarter mile 868
of a military installation identified in s. 163.3175(2) may not 869
be administratively approved. 870
4. Each municipality shall maintain on its website a 871
policy containing the zoning map and zoning regulations in 872
effect on July 1, 2023, and the procedures and expectations for 873
administrative approval pursuant to this subsection. 874
(h)(f)1. A municipality must reduce consider reducing 875
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parking requirements by at least 20 percent for a proposed 876
development authorized under this subsection , or by 100 percent 877
for structures that are 20,000 square feet or less if the 878
development is located within one -quarter mile of a transit 879
stop, as defined in the municipality's land develop ment code, 880
and the transit stop is accessible from the development . 881
2. A municipality must reduce parking requirements by at 882
least 20 percent for a proposed development authorized under 883
this subsection if the development: 884
a. Is located within one -half mile of a major 885
transportation hub that is accessible from the proposed 886
development by safe, pedestrian -friendly means, such as 887
sidewalks, crosswalks, elevated pedestrian or bike paths, or 888
other multimodal design features ; or. 889
b. Has available parking wi thin 600 feet of the proposed 890
development which may consist of options such as on -street 891
parking, parking lots, or parking garages available for use by 892
residents of the proposed development. However, a municipality 893
may not require that the available parkin g compensate for the 894
reduction in parking requirements. 895
3. A municipality must eliminate parking requirements for 896
a proposed mixed-use residential development authorized under 897
this subsection within an area recognized by the municipality as 898
a transit-oriented development or area, as provided in paragraph 899
(j) (h). 900
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4. For purposes of this paragraph, the term "major 901
transportation hub" means any transit station, whether bus, 902
train, or light rail, which is served by public transit with a 903
mix of other transportation options. 904
(i)(g) A municipality that designates less than 20 percent 905
of the land area within its jurisdiction for commercial or 906
industrial use must authorize a proposed multifamily development 907
as provided in this subsection in areas zoned for com mercial or 908
industrial use only if the proposed multifamily development is 909
mixed-use residential. 910
(j)(h) A proposed development authorized under this 911
subsection which is located within a transit -oriented 912
development or area, as recognized by the municipal ity, must be 913
mixed-use residential and otherwise comply with requirements of 914
the municipality's regulations applicable to the transit -915
oriented development or area except for use, height, density, 916
floor area ratio, and parking as provided in this subsection or 917
as otherwise agreed to by the municipality and the applicant for 918
the development. 919
(i) Except as otherwise provided in this subsection, a 920
development authorized under this subsection must comply with 921
all applicable state and local laws and regulations . 922
(k)(j)1. Nothing in this subsection precludes a 923
municipality from granting a bonus, variance, conditional use, 924
or other special exception to height, density, or floor area 925
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ratio in addition to the height, density, and floor area ratio 926
requirements in this subsection. 927
2. Nothing in this subsection precludes a proposed 928
development authorized under this subsection from receiving a 929
bonus for density, height, or floor area ratio pursuant to an 930
ordinance or regulation of the jurisdiction where the proposed 931
development is located if the proposed development satisfies the 932
conditions to receive the bonus except for any condition which 933
conflicts with this subsection. If a proposed development 934
qualifies for such bonus, the bonus must be administratively 935
approved by the municipality and no further action by the 936
governing body of the municipality is required. 937
(l) A municipality shall approve building permit plan 938
review for a proposed development within 60 days authorized 939
under this subsection, and prioritize build ing permit plan 940
review for projects authorized under this subsection over other 941
development projects. 942
(m) Notwithstanding s. 57.112(6), the prevailing party in 943
a challenge under this subsection is entitled to recover 944
attorney fees and costs, including re asonable appellate attorney 945
fees and costs. 946
(n)(k) This subsection does not apply to: 947
1. Airport-impacted areas as provided in s. 333.03. 948
2. Property defined as recreational and commercial working 949
waterfront in s. 342.201(2)(b) in any area zoned as industrial. 950
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(o) After July 1, 2023, if a municipality adopts an 951
ordinance or resolution, or makes any other decision, and such 952
ordinance, resolution, or decision has the effect, either 953
directly or indirectly, of: 954
1. Limiting the height, floor area rati o, or density of a 955
project under this section; 956
2. Unreasonably delaying the development or construction 957
of a project under this section, including, but not limited to, 958
imposing a moratorium; 959
3. Restricting the manner in which affordable units are 960
developed or accessed within a project or regulating the types 961
of units in the project; or 962
4. Restricting or limiting a project under this section in 963
any other way, 964
965
then such ordinance, resolution, or decision shall be deemed 966
preempted. If a property owner f iles a site plan application 967
under this section with a municipality, the administrative 968
review process must be based only on the land development 969
regulations in effect as of the date of filing the application. 970
(p) The regulation of affordable housing und er this 971
subsection is expressly preempted to the state. This subsection 972
supersedes any local government ordinances, resolutions, or any 973
other local regulations, including local moratoriums, on matters 974
covered under this subsection. 975
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(q) If an action is fi led against a local government to 976
challenge the adoption or enforcement of a local ordinance, 977
resolution, or other local regulation on the grounds that it is 978
expressly preempted by general law under this subsection, the 979
court shall expedite the proceeding and render a decision within 980
30 days after service of process. Notice of appeal shall be 981
filed and served within 30 days from the rendition of the 982
judgment appealed from. The Supreme Court shall adopt rules by 983
October 1, 2025, to ensure the proceedings are handled 984
expeditiously and in a manner consistent with this subsection. 985
(r)(l) This subsection expires October 1, 2033. 986
(8) Any development authorized under paragraph (7)(b) 987
(7)(a) must be treated as a conforming use even after the 988
expiration of subsec tion (7) and the development's affordability 989
period as provided in paragraph (7)(b) (7)(a), notwithstanding 990
the municipality's comprehensive plan, future land use 991
designation, or zoning. If at any point during the development's 992
affordability period the dev elopment violates the affordability 993
period requirement provided in paragraph (7)(b) (7)(a), the 994
development must be allowed a reasonable time to cure such 995
violation. If the violation is not cured within a reasonable 996
time, the development must be treated as a nonconforming use. 997
(9) A municipality's review or approval of an application 998
for a development permit or development order may not be 999
conditioned on the: 1000
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(a) Waiver, forbearance, acquisition, transfer, or 1001
abandonment of any development right authori zed by this section; 1002
or 1003
(b) Procurement or transfer of density units or 1004
development units. 1005
1006
Any such waiver, forbearance, acquisition, transfer, 1007
procurement, or abandonment is void. 1008
(10)(a) Beginning June 30, 2026, each municipality must 1009
provide an annual report to the state land planning agency that 1010
includes: 1011
1. All litigation initiated under subsection (9), the 1012
status of the case, and, if applicable, the final disposition. 1013
2. All actions the municipality has taken on any proposed 1014
project under this section, including, at minimum, the project 1015
size, density, and intensity, and the number of units and the 1016
number of affordable units for such proposed project. 1017
3. For any proposed development that is denied or not 1018
accepted, all actions the municipal ity has taken relating to 1019
such proposed development and an explanation for why such 1020
actions were taken. 1021
(b) The state land planning agency shall provide an annual 1022
report to the Governor, the President of the Senate, and the 1023
Speaker of the House of Repres entatives regarding municipal 1024
compliance with this section. 1025
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(11) A municipality may not impose a building moratorium 1026
that has the effect of delaying the permitting of construction 1027
of a multifamily project that would otherwise qualify for: 1028
(a) An affordable housing ad valorem tax exemption under 1029
s. 196.1978 or s. 196.1979. 1030
(b) Any grant loan or other incentive provided for the 1031
development of affordable housing under chapter 420. 1032
(c) Any abatement of development restrictions under 1033
subsection (7). 1034
(12) If the owner of an administratively approved proposed 1035
development has acted in reliance on that approval, the owner 1036
has a vested right to proceed with development under the 1037
relevant laws, regulations, and ordinances at the time such 1038
rights vested, if th e property continues to comply with the 1039
requirements of this section. 1040
Section 5. Subsection (7) is added to section 163.2517, 1041
Florida Statutes, to read: 1042
163.2517 Designation of urban infill and redevelopment 1043
area.— 1044
(7) Notwithstanding any ordinance to the contrary existing 1045
on July 1, 2025, a proposed urban infill development must be 1046
administratively approved, and a comprehensive plan amendment, 1047
rezoning, or variance is not required. 1048
Section 6. Paragraph (e) of subsection (8) of section 1049
163.3167, Florida Statutes, is redesignated as paragraph (f), 1050
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and paragraph (e) is added to that subsection, to read: 1051
163.3167 Scope of act. — 1052
(8) 1053
(e) The approval of an increase in height or floor area 1054
ratio in the land development regulations by a local gover nment, 1055
commission, council, or board shall be by ordinance with a 1056
simple majority vote. For purposes of this paragraph, the term 1057
"floor area ratio" includes floor lot area. 1058
Section 7. Section 163.31771, Florida Statutes, is amended 1059
to read: 1060
163.31771 Accessory dwelling units. — 1061
(1) The Legislature finds that the median price of homes 1062
in this state has increased steadily over the last decade and at 1063
a greater rate of increase than the median income in many urban 1064
areas. The Legislature finds that the co st of rental housing has 1065
also increased steadily and the cost often exceeds an amount 1066
that is affordable to extremely -low-income, very-low-income, 1067
low-income, or moderate-income persons and has resulted in a 1068
critical shortage of affordable rentals in many urban areas in 1069
the state. This shortage of affordable rentals constitutes a 1070
threat to the health, safety, and welfare of the residents of 1071
the state. Therefore, the Legislature finds that it serves an 1072
important public purpose to encourage the permitting of 1073
accessory dwelling units in single -family residential areas in 1074
order to increase the availability of affordable rentals for 1075
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extremely-low-income, very-low-income, low-income, or moderate-1076
income persons. 1077
(2) As used in this section, the term: 1078
(a) "Accessory dwelling unit" means an ancillary or 1079
secondary living unit, that has a separate kitchen, bathroom, 1080
and sleeping area, existing either within the same structure, or 1081
on the same lot, as the primary dwelling unit. The term includes 1082
a manufactured home co nstructed on or after January 1, 2025, 1083
which meets the National Manufactured Housing Construction and 1084
Safety Standards. 1085
(b) "Affordable rental" means that monthly rent and 1086
utilities do not exceed 30 percent of that amount which 1087
represents the percentage of the median adjusted gross annual 1088
income for extremely -low-income, very-low-income, low-income, or 1089
moderate-income persons. 1090
(c) "Department" means the Department of Commerce. 1091
(d)(g) "Extremely-low-income persons" has the same meaning 1092
as in s. 420.0004(9). 1093
(e)(c) "Local government" means a county or municipality. 1094
(f)(d) "Low-income persons" has the same meaning as in s. 1095
420.0004(11). 1096
(g)(e) "Moderate-income persons" has the same meaning as 1097
in s. 420.0004(12). 1098
(h)(f) "Very-low-income persons" has the same meaning as 1099
in s. 420.0004(17). 1100
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(3) A local government shall may adopt an ordinance to 1101
allow accessory dwelling units in any area zoned for single -1102
family residential use. A local government may not directly, 1103
unreasonably increase, or in effect unreasonably increase, the 1104
cost to construct, in effect prohibit the construction of, or 1105
extinguish the ability to otherwise construct an accessory 1106
dwelling unit. Such regulation does not include: 1107
(a) Restrictions on the ter ms of rentals that do not apply 1108
generally to other housing in the same district or zone. 1109
(b) Parking requirements and minimum lot size requirements 1110
that do not apply general to other housing in the same district 1111
or zone, other lot design regulations that unreasonably increase 1112
the cost to construct or unreasonably extinguish the ability to 1113
construct an accessory dwelling unit on a lot. 1114
(c) Discretionary conditional use permit procedures or 1115
standards that do not apply generally to other housing in the 1116
same district or zone. 1117
(4) An application for a building permit to construct an 1118
accessory dwelling unit must include an affidavit from the 1119
applicant which attests that the unit will be rented at an 1120
affordable rate to an extremely -low-income, very-low-income, 1121
low-income, or moderate-income person or persons. 1122
(4)(5) Each accessory dwelling unit allowed by an 1123
ordinance adopted under this section applies shall apply toward 1124
satisfying the affordable housing component of the housing 1125
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element in the local governme nt's comprehensive plan under s. 1126
163.3177(6)(f). 1127
(5)(a) Beginning October 1, 2025, and by October 1 every 1128
year thereafter, the local government shall submit an annual 1129
report to the department, in a form and manner prescribed by the 1130
department, and post p ublicly on its website, the following 1131
information for the previous fiscal year: 1132
1. The number of applications to construct new accessory 1133
dwelling units, the number of new accessory dwelling units that 1134
have been approved, and the number of new accessory d welling 1135
units that have been denied, and the reason for denial. 1136
2. The number of allowable accessory dwelling units 1137
located in the jurisdiction, the number of accessory dwelling 1138
units, attached or unattached, which are not allowed by an 1139
ordinance, and the number of single-family homes in a zoning 1140
district in which accessory dwelling units are allowed by an 1141
ordinance. 1142
(b) The department may adopt rules to administer and 1143
enforce this subsection. 1144
(6)(a) The owner of property with an accessory dwelling 1145
unit may not be denied a homestead exemption or homestead 1146
property assessment limitation solely on the basis of the 1147
property containing an accessory dwelling unit which may be 1148
rented. 1149
(b) If the accessory dwelling unit is rented by the 1150
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property owner: 1151
1. The assessment of the accessory dwelling unit must be 1152
separated from the homestead property. 1153
2. It may not be construed as an abandonment of the 1154
dwelling previously claimed to be a homestead under s. 196.061, 1155
provided such dwelling is physically occupie d by the owner. 1156
(c) If the accessory dwelling unit is not rented by the 1157
property owner, the assessment of the accessory dwelling unit 1158
must be considered part of the homestead property. 1159
Section 8. Paragraphs (a) and (b) of subsection (1) of 1160
section 196.1979, Florida Statutes, are amended to read: 1161
196.1979 County and municipal affordable housing property 1162
exemption.— 1163
(1)(a) Notwithstanding ss. 196.195 and 196.196, the board 1164
of county commissioners of a county or the governing body of a 1165
municipality may adopt an ordinance to exempt those portions of 1166
property used to provide affordable housing meeting the 1167
requirements of this section. Such property is considered 1168
property used for a charitable purpose. To be eligible for the 1169
exemption, the portions of pr operty: 1170
1. Must be used to house natural persons or families whose 1171
annual household income: 1172
a. Is greater than 30 percent but not more than 60 percent 1173
of the median annual adjusted gross income for households within 1174
the metropolitan statistical area or , if not within a 1175
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metropolitan statistical area, within the county where in which 1176
the person or family resides; or 1177
b. Does not exceed 30 percent of the median annual 1178
adjusted gross income for households within the metropolitan 1179
statistical area or, if not within a metropolitan statistical 1180
area, within the county where in which the person or family 1181
resides.; 1182
2.a. Must be within a multifamily project containing at 1183
least the minimum number of residential units as defined by the 1184
county or municipality that a dopts an ordinance under this 1185
section; a county or municipality that adopts an ordinance under 1186
this section may set a minimum residential unit threshold that 1187
deems a property eligible for the exemption for properties that 1188
exceed 15,000 square feet, at a mi nimum of 5 units not to exceed 1189
a minimum of 50 residential units 50 or more residential units, 1190
at least 20 percent of which are used to provide affordable 1191
housing that meets the requirements of this section ; or 1192
b. Must be an accessory dwelling unit as de fined in s. 1193
163.31771(2). 1194
3. Must be rented for an amount no greater than the amount 1195
as specified by the most recent multifamily rental programs 1196
income and rent limit chart posted by the corporation and 1197
derived from the Multifamily Tax Subsidy Projects I ncome Limits 1198
published by the United States Department of Housing and Urban 1199
Development or 90 percent of the fair market value rent as 1200
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determined by a rental market study meeting the requirements of 1201
subsection (4), whichever is less .; 1202
4. May not have bee n cited for code violations on three or 1203
more occasions in the 24 months before the submission of a tax 1204
exemption application .; 1205
5. May not have any cited code violations that have not 1206
been properly remedied by the property owner before the 1207
submission of a tax exemption application .; and 1208
6. May not have any unpaid fines or charges relating to 1209
the cited code violations. Payment of unpaid fines or charges 1210
before a final determination on a property's qualification for 1211
an exemption under this section will not exclude such property 1212
from eligibility if the property otherwise complies with all 1213
other requirements for the exemption. 1214
(b) Qualified property may receive an ad valorem property 1215
tax exemption of: 1216
1. Up to 75 percent of the assessed value of each 1217
residential unit used to provide affordable housing if fewer 1218
than 100 percent of the multifamily project's residential units 1219
are used to provide affordable housing meeting the requirements 1220
of this section. 1221
2. Up to 100 percent of the assessed value of each 1222
residential unit used to provide affordable housing if 100 1223
percent of the multifamily project's residential units are used 1224
to provide affordable housing meeting the requirements of this 1225
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section. 1226
3. Up to 100 percent of the assessed value of the 1227
accessory dwelling unit if the unit is used to provide 1228
affordable housing meeting the requirements of this section. 1229
Section 9. Subsection (5) of section 333.03, Florida 1230
Statutes, is amended to read: 1231
333.03 Requirement to adopt airport zoning regulations. — 1232
(5) Sections 125.01055(7) and 166.04151(7) do not apply to 1233
any of the following: 1234
(a) A proposed development near a runway within one-1235
quarter of a mile laterally from the runway edge and within an 1236
area that is the width of one -quarter of a mile extending at 1237
right angles from the end of the runway for a distance of 10,000 1238
feet of any runway for an existing commercial service airport 1239
runway or planned commercial service airport runway identified 1240
in the local government's airport master plan. As used in this 1241
paragraph, the term "commercial service airport" has the same 1242
meaning as in s. 332.0075(1). 1243
(b) A proposed development wi thin any airport noise zone 1244
identified in the federal land use compatibility table or in a 1245
land-use zoning or airport noise regulation adopted by the local 1246
government for a commercial service airport . 1247
(c) A proposed development that exceeds maximum heigh t 1248
restrictions identified in the political subdivision's airport 1249
zoning regulation for a commercial service airport adopted 1250
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pursuant to this section. 1251
Section 10. Paragraph (d) of subsection (1) of section 1252
420.50871, Florida Statutes, is amended, and pa ragraph (e) is 1253
added to subsection (1) of that section, to read: 1254
420.50871 Allocation of increased revenues derived from 1255
amendments to s. 201.15 made by ch. 2023 -17.—Funds that result 1256
from increased revenues to the State Housing Trust Fund derived 1257
from amendments made to s. 201.15 made by chapter 2023 -17, Laws 1258
of Florida, must be used annually for projects under the State 1259
Apartment Incentive Loan Program under s. 420.5087 as set forth 1260
in this section, notwithstanding ss. 420.507(48) and (50) and 1261
420.5087(1) and (3). The Legislature intends for these funds to 1262
provide for innovative projects that provide affordable and 1263
attainable housing for persons and families working, going to 1264
school, or living in this state. Projects approved under this 1265
section are intended to provide housing that is affordable as 1266
defined in s. 420.0004, notwithstanding the income limitations 1267
in s. 420.5087(2). Beginning in the 2023 -2024 fiscal year and 1268
annually for 10 years thereafter: 1269
(1) The corporation shall allocate 70 percent of t he funds 1270
provided by this section to issue competitive requests for 1271
application for the affordable housing project purposes 1272
specified in this subsection. The corporation shall finance 1273
projects that: 1274
(d) Provide housing near military installations and United 1275
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States Department of Veterans Affairs medical centers or 1276
outpatient clinics in this state, with preference given to 1277
projects that incorporate critical services for servicemembers, 1278
their families, and veterans, such as mental health treatment 1279
services, employment services, and assistance with transition 1280
from active-duty service to civilian life. 1281
(e) Provide housing in areas of critical housing shortage 1282
for essential service and high -demand career employees through a 1283
public-private housing partnership a greement with major public 1284
and private sector employers for whom housing shortages are 1285
affecting the recruitment and retention of workers. Public and 1286
private sector employers that partner with developers on these 1287
projects shall provide land and financial s upport for the 1288
housing projects. Housing may not be exclusive to any specific 1289
employee group. 1290
Section 11. Section 702.13, Florida Statutes, is created 1291
to read: 1292
702.13 Expedited foreclosure proceedings for abandoned 1293
real property.- 1294
(1) As used in this section, the term: 1295
(a) "Abandoned real property" means residential real 1296
property that a homeowner does not continue to occupancy or use, 1297
and at least three of the following indications of abandonment 1298
are met: 1299
1. Furnishings and personal items consis tent with 1300
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residential occupancy are not present on the property; 1301
2. Public utility services, such as gas, electric, or 1302
water utilities, are disconnected; 1303
3. Windows on the property are boarded up or closed off; 1304
smashed, broken, or unhinged; or window p anes are broken and 1305
unrepaired; 1306
4. Statements are provided by neighbors, delivery agents, 1307
or government employees that the property is vacant; 1308
5. Doors on the property are substantially damaged, 1309
broken, unhinged, or conspicuously open; 1310
6. The property is stripped of copper or any other 1311
nonferrous metal, including, but not limited to, copper, copper 1312
alloy, brass, aluminum, bronze, lead, zinc, nickel, and alloys 1313
thereof, or any interior fixtures are removed; 1314
7. At least one report has been received by law 1315
enforcement officials of trespassing, vandalism, or other 1316
illegal activity on the property within the immediately 1317
preceding 6 months; 1318
8. The property has been declared unfit for occupancy and 1319
ordered to remain vacant and unoccupied under an order is sued by 1320
a municipal authority or county authority, or by a court of 1321
competent jurisdiction; 1322
9. Construction has been initiated on the property but is 1323
discontinued before completion, leaving the property unsuitable 1324
for occupancy, and construction has not taken place for at least 1325
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12 months; 1326
10. Newspapers, circulars, flyers, or mail has accumulated 1327
on the property or the United States Postal Service has 1328
discontinued delivery to the property; 1329
11. Rubbish, trash, debris, neglected vegetation, or 1330
natural overgrowth has accumulated on the property; 1331
12. Hazardous, noxious, or unhealthy substances or 1332
materials have accumulated on the property; 1333
13. The homeowner or a representative for the property 1334
cannot be reached after a credible attempt to communicate; or 1335
14. Other credible indications exist indicating that the 1336
homeowner has vacated and abandoned the property. 1337
(b) "Claimant" means a person or entity claiming a legal 1338
right to initiate a foreclosure action, including: 1339
1. A mortgagee as defined in s. 701.041. 1340
2. A tax lienholder or a tax certificate holder pursuant 1341
to chapter 197. 1342
3. A homeowners' association or a condominium association 1343
enforcing a lien pursuant to s. 718.116 or s. 720.3085. 1344
4. A county, municipality, or other governmental enti ty 1345
enforcing a lien for: 1346
a. Code violations pursuant to chapter 162. 1347
b. Utility services pursuant to chapter 159 or local 1348
ordinance. 1349
c. Environmental cleanup pursuant to chapters 376 and 403. 1350
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d. Special assessments pursuant to chapters 170 and 197. 1351
5. A mechanic or laborer enforcing a lien under part II 1352
of chapter 713. 1353
6. A judgment lienholder pursuant to chapter 55. 1354
7. State tax authorities enforcing a lien pursuant to s. 1355
213.758 or s. 192.091, including a lien for unpaid taxes 1356
administered by the Florida Department of Revenue. 1357
8. Special districts, including, but not limited to, 1358
Community Development Districts, enforcing a lien pursuant to 1359
chapters 189 and 190. 1360
9. Other governmental or quasi -governmental entities, 1361
including water management districts and public hospital boards, 1362
enforcing a lien pursuant to s. 373.503 or s. 154.02. 1363
10. A lienholder authorized to request an order to show 1364
cause for the entry of final judgment in a foreclosure action 1365
pursuant to s. 702.10. 1366
11. Any other person or entity authorized by general law 1367
to initiate a foreclosure action or enforce a lien against real 1368
property. 1369
(c) "Delinquent party" means the person or entity against 1370
whom a foreclosure action has been initiated, including, but not 1371
limited to, a person or entity in arrears or default under the 1372
terms of a lien, a mortgage, or any other obligation. 1373
(d) "Mortgagor" has the same meaning as in s. 1374
701.041(1)(d). 1375
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(e) "Real property" has the same meaning as in s. 475.801. 1376
(2)(a) In a foreclosu re proceeding under this chapter 1377
involving residential real property, the claimant may file a 1378
motion with the trial court for a judicial determination that 1379
the residential real property is abandoned real property. The 1380
claimant must file a sworn affidavit w ith the trial court 1381
attesting that the residential real property is "abandoned real 1382
property," as defined in subsection (1), and any other relevant 1383
documentation, including photographic documentation. 1384
(b) Upon filing of the motion, the trial court shall set 1385
the date and time for a hearing on the motion, which must be 1386
conducted at least 15 days but no more than 25 days after the 1387
filing of the motion. 1388
(3)(a) The claimant shall give written notice to the 1389
homeowner and to each known delinquent party. Notice shall be 1390
promptly delivered or sent pursuant to s. 715.104(3) to the last 1391
known mailing address of the homeowner and to each known 1392
delinquent party. In addition, notice shall be sent to the last 1393
known e-mail address of the homeowner and to each known 1394
delinquent party, and shall be given by telephone communication 1395
to the last known telephone number of the homeowner and each 1396
known delinquent party. Notice under this paragraph must include 1397
the following information: 1398
1. State that a motion has been filed wit h the trial court 1399
to make a judicial determination as to whether the residential 1400
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real property is abandoned real property and that a hearing 1401
regarding the motion has been set. 1402
2. State the contact information of the trial court to 1403
which the motion was fi led and the date and location of the 1404
hearing on the motion. 1405
3. State the definition of abandoned real property 1406
pursuant to subsection (1). 1407
4. State the possible outcomes if the court makes a 1408
judicial determination that the residential real property is 1409
abandoned real property, including the possibility of an 1410
expeditious foreclosure on the property. 1411
5. State that the homeowner or delinquent party has the 1412
right to file an affidavit attesting to legal residence at the 1413
property, or any other documentation of legal residence at the 1414
property, at the time of the hearing and may appear personally 1415
or by way of an attorney at the hearing. 1416
6. State that a mortgagor, lawful occupant, or adverse 1417
possessor of the residential real property under s. 95.18 may 1418
contact the trial court for information about the motion and 1419
hearing or to object on the record to the motion. 1420
7. Provide copies of the motion and any documentation in 1421
support of the motion, including photographic and other relevant 1422
documentation. 1423
(b) The claimant shall conspicuously post on the 1424
residential real property a notice printed in at least 12 -point 1425
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uppercase and boldfaced type. The notice must state the 1426
information in paragraph (a)1. -6. The claimant shall file with 1427
the trial court photographic docume ntation of compliance with 1428
this paragraph after posting the notice on the residential real 1429
property. 1430
(4)(a) At the hearing on the motion, if the trial court 1431
finds by a preponderance of the evidence that the residential 1432
real property is abandoned real pro perty, the court shall render 1433
a declaratory judgment in favor of the claimant and immediately 1434
proceed to a trial of foreclosure pursuant to this chapter. 1435
(b) If the trial court finds at the foreclosure trial that 1436
the abandoned real property meets all req uirements necessary to 1437
enter a judgement of foreclosure pursuant to s. 702.036, the 1438
court must promptly order the clerk to schedule a public sale of 1439
the abandoned real property pursuant to s. 45.031. 1440
(5)(a) If a mortgagor, a lawful occupant, or a person 1441
claiming adverse possession pursuant to s. 95.18 objects to the 1442
trial court's judicial determination under subsection(4)(a) and 1443
submits the appropriate documentation with the court, the court 1444
may not enter a declaratory judgment in favor of the claimant. 1445
(b) If, before the sale of the abandoned real property 1446
pursuant to subsection (4)(b), a mortgagor, a lawful occupant, 1447
or a person claiming adverse possession pursuant to s. 95.18 1448
presents sufficient evidence to the court that the property is 1449
not abandoned real property, the court shall rescind the orders 1450
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it issued pursuant to subsection (4)(a) and (b). 1451
(6)(a) This section applies to residential real property 1452
that is abandoned. Residential real property is abandoned if: 1453
1. The homeowner or delinquent pa rty delivers a written, 1454
signed statement declaring the residential real property to be 1455
abandoned; or 1456
2. The residential real property is considered "abandoned 1457
real property," as defined in subsection (1). 1458
(b) This section does not apply to residential real 1459
property that is: 1460
1. Subject to an action to quiet title pursuant to s. 1461
65.011, s. 65.021, s. 65.061, or s. 65.071. 1462
2. Subject to a probate action pursuant to chapter 733. 1463
3. The subject of any other litigation where the ownership 1464
of the property is actively disputed. 1465
4. An unoccupied dwelling or building undergoing 1466
construction, renovation, or any other manner of rehabilitation, 1467
which complies with all applicable state and local permitting 1468
requirements and regulations. 1469
Section 12. Subsecti on (8) of section 760.22, Florida 1470
Statutes, is amended to read: 1471
760.22 Definitions. —As used in ss. 760.20 -760.37, the 1472
term: 1473
(8) "Person" includes one or more individuals, 1474
corporations, partnerships, associations, labor organizations, 1475
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legal representatives, mutual companies, joint -stock companies, 1476
trusts, unincorporated organizations, trustees, trustees in 1477
bankruptcy, receivers, and fiduciaries , and any other legal or 1478
commercial entity; the state; or any governmental entity or 1479
agency. 1480
Section 13. Section 760.26, Florida Statutes, is amended 1481
to read: 1482
760.26 Prohibited discrimination in land use decisions and 1483
in permitting of development. —It is unlawful to discriminate in 1484
land use decisions or in the permitting of development based on 1485
race, color, national origin, sex, disability, familial status, 1486
religion, or, except as otherwise provided by law, the source of 1487
financing of a development or proposed development or based on 1488
the development or proposed development being affordable housing 1489
as defined under s. 420.0004(3). 1490
Section 14. It is the intent of the Legislature that the 1491
amendment to s. 760.26, Florida Statutes, is remedial and 1492
clarifying in nature, and shall apply retroactively for any 1493
causes of action filed on or before the effective date of t he 1494
passage of this act. 1495
Section 15. Subsection (4) of section 760.35, Florida 1496
Statutes, is amended to read: 1497
760.35 Civil actions and relief; administrative 1498
procedures.— 1499
(4) If the court finds that a person has committed a 1500
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discriminatory housing pra ctice has occurred, it shall issue an 1501
order prohibiting the practice and providing affirmative relief 1502
from the effects of the practice, including injunctive and other 1503
equitable relief, actual and punitive damages, and reasonable 1504
attorney fees and costs. In accordance with s. 13, Art. X of the 1505
State Constitution, the state, for itself and its agencies or 1506
political subdivisions, waives sovereign immunity for causes of 1507
action based on the application of this section. 1508
Section 16. Subsection (29) of section 479.01, Florida 1509
Statutes, is amended to read: 1510
479.01 Definitions. —As used in this chapter, the term: 1511
(29) "Zoning category" means the designation under the 1512
land development regulations or other similar ordinance enacted 1513
to regulate the use of land as provided in s. 163.3202(2)(c) s. 1514
163.3202(2)(b), which designation sets forth the allowable uses, 1515
restrictions, and limitations on use applicable to properties 1516
within the category. 1517
Section 17. Subsection (12) of section 1001.43, Florida 1518
Statutes, is amended to read: 1519
1001.43 Supplemental powers and duties of district school 1520
board.—The district school boa rd may exercise the following 1521
supplemental powers and duties as authorized by this code or 1522
State Board of Education rule. 1523
(12) AFFORDABLE HOUSING. —Notwithstanding any other 1524
provision of this section to the contrary, each a district 1525
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school board shall: 1526
(a) may Use portions of school sites purchased within the 1527
guidelines of the State Requirements for Educational Facilities, 1528
land deemed not usable for educational purposes because of 1529
location or other factors, or land declared as surplus by the 1530
board to provide sites for affordable housing for teachers and 1531
other district personnel and, in areas of critical state 1532
concern, for other essential services personnel as defined by 1533
local affordable housing eligibility requirements, independently 1534
or in conjunction wit h other agencies as described in subsection 1535
(5). 1536
(b) Adopt best practices for surplus land programs, 1537
including, but not limited to: 1538
1. Establishing eligibility criteria for the receipt or 1539
purchase of surplus land by developers. 1540
2. Making the process for requesting surplus lands 1541
publicly available. 1542
3. Ensuring long-term affordability through ground leases 1543
by retaining the right of first refusal to purchase property 1544
that would be sold or offered at market rate and by requiring 1545
reversion of property no t used for affordable housing within a 1546
certain timeframe. 1547
1548
Each district school board's most recent and all future 1549
educational plan surveys conducted pursuant to s. 235.15 shall 1550
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be updated to include an inventory list of such surplus lands. 1551
Section 18. This act shall take effect July 1, 2025. 1552