Florida 2025 2025 Regular Session

Florida Senate Bill S1730 Comm Sub / Bill

Filed 04/02/2025

 Florida Senate - 2025 CS for SB 1730  By the Committee on Community Affairs; and Senator Calatayud 578-03104-25 20251730c1 1 A bill to be entitled 2 An act relating to affordable housing; amending ss. 3 125.01055 and 166.04151, F.S.; requiring counties and 4 municipalities, respectively, to authorize multifamily 5 and mixed-use residential as allowable uses in 6 portions of flexibly zoned areas under certain 7 circumstances; prohibiting counties and municipalities 8 from imposing certain requirements on proposed 9 multifamily developments; prohibiting counties and 10 municipalities from requiring that more than a 11 specified percentage of a mixed-use residential 12 project be used for certain purposes; revising the 13 density, floor area ratio, or height below which 14 counties and municipalities may not restrict certain 15 developments; requiring the administrative approval of 16 certain proposed developments without further action 17 by a quasi-judicial or administrative board or 18 reviewing body under certain circumstances; requiring 19 counties and municipalities to reduce parking 20 requirements by a specified percentage for certain 21 proposed developments under certain circumstances; 22 requiring counties and municipalities to allow 23 adjacent parcels of land to be included within certain 24 proposed developments; revising applicability; 25 requiring a court to give priority to and render 26 expeditious decisions in certain civil actions; 27 requiring a court to award reasonable attorney fees 28 and costs to a prevailing party in certain civil 29 actions; providing that such attorney fees or costs 30 may not exceed a specified dollar amount; prohibiting 31 the prevailing party from recovering certain other 32 fees or costs; defining terms; prohibiting counties 33 and municipalities from imposing certain building 34 moratoriums; providing an exception, subject to 35 certain requirements; providing applicability; 36 authorizing applicants for certain proposed 37 developments to notify the county or municipality, as 38 applicable, by a specified date of its intent to 39 proceed under certain provisions; requiring counties 40 and municipalities to allow certain applicants to 41 submit revised applications, written requests, and 42 notices of intent to account for changes made by the 43 act; amending s. 380.0552, F.S.; revising the maximum 44 hurricane evacuation clearance time for permanent 45 residents, which time is an element for which 46 amendments to local comprehensive plans in the Florida 47 Keys Area must be reviewed for compliance; providing 48 legislative intent; creating s. 420.5098, F.S.; 49 providing legislative findings and intent; defining 50 terms; providing that it is the policy of the state to 51 support housing for certain employees and to permit 52 developers in receipt of certain tax credits and funds 53 to create a specified preference for housing certain 54 employees; requiring that such preference conform to 55 certain requirements; amending s. 760.26, F.S.; 56 providing that it is unlawful to discriminate in land 57 use decisions or in the permitting of development 58 based on the specified nature of a development or 59 proposed development; providing an effective date. 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1.Present paragraph (l) of subsection (7) of 64 section 125.01055, Florida Statutes, is redesignated as 65 paragraph (p), a new paragraph (l) and paragraphs (m), (n), and 66 (o) are added to that subsection, subsection (9) is added to 67 that section, and paragraphs (a) through (f) and (k) of 68 subsection (7) of that section are amended, to read: 69 125.01055Affordable housing. 70 (7)(a)A county must authorize multifamily and mixed-use 71 residential as allowable uses in any area zoned for commercial, 72 industrial, or mixed use, and in portions of any flexibly zoned 73 area such as a planned unit development permitted for 74 commercial, industrial, or mixed use, if at least 40 percent of 75 the residential units in a proposed multifamily development are 76 rental units that, for a period of at least 30 years, are 77 affordable as defined in s. 420.0004. Notwithstanding any other 78 law, local ordinance, or regulation to the contrary, a county 79 may not require a proposed multifamily development to obtain a 80 zoning or land use change, special exception, conditional use 81 approval, variance, transfer of density or development units, 82 amendment to a development of regional impact, or comprehensive 83 plan amendment for the building height, zoning, and densities 84 authorized under this subsection. For mixed-use residential 85 projects, at least 65 percent of the total square footage must 86 be used for residential purposes. The county may not require 87 that more than 10 percent of the total square footage of such 88 mixed-use residential projects be used for nonresidential 89 purposes. 90 (b)A county may not restrict the density of a proposed 91 development authorized under this subsection below the highest 92 currently allowed, or allowed on July 1, 2023, density on any 93 unincorporated land in the county where residential development 94 is allowed under the countys land development regulations. For 95 purposes of this paragraph, the term highest currently allowed 96 density does not include the density of any building that met 97 the requirements of this subsection or the density of any 98 building that has received any bonus, variance, or other special 99 exception for density provided in the countys land development 100 regulations as an incentive for development. 101 (c)A county may not restrict the floor area ratio of a 102 proposed development authorized under this subsection below 150 103 percent of the highest currently allowed, or allowed on July 1, 104 2023, floor area ratio on any unincorporated land in the county 105 where development is allowed under the countys land development 106 regulations. For purposes of this paragraph, the term highest 107 currently allowed floor area ratio does not include the floor 108 area ratio of any building that met the requirements of this 109 subsection or the floor area ratio of any building that has 110 received any bonus, variance, or other special exception for 111 floor area ratio provided in the countys land development 112 regulations as an incentive for development. For purposes of 113 this subsection, the term floor area ratio includes floor lot 114 ratio. 115 (d)1.A county may not restrict the height of a proposed 116 development authorized under this subsection below the highest 117 currently allowed, or allowed on July 1, 2023, height for a 118 commercial or residential building located in its jurisdiction 119 within 1 mile of the proposed development or 3 stories, 120 whichever is higher. For purposes of this paragraph, the term 121 highest currently allowed height does not include the height 122 of any building that met the requirements of this subsection or 123 the height of any building that has received any bonus, 124 variance, or other special exception for height provided in the 125 countys land development regulations as an incentive for 126 development. 127 2.If the proposed development is adjacent to, on two or 128 more sides, a parcel zoned for single-family residential use 129 which is within a single-family residential development with at 130 least 25 contiguous single-family homes, the county may restrict 131 the height of the proposed development to 150 percent of the 132 tallest building on any property adjacent to the proposed 133 development, the highest currently allowed, or allowed on July 134 1, 2023, height for the property provided in the countys land 135 development regulations, or 3 stories, whichever is higher, but 136 not to exceed 10 stories. For the purposes of this paragraph, 137 the term adjacent to means those properties sharing more than 138 one point of a property line, but does not include properties 139 separated by a public road. 140 (e)A proposed development authorized under this subsection 141 must be administratively approved without and no further action 142 by the board of county commissioners or any quasi-judicial or 143 administrative board or reviewing body is required if the 144 development satisfies the countys land development regulations 145 for multifamily developments in areas zoned for such use and is 146 otherwise consistent with the comprehensive plan, with the 147 exception of provisions establishing allowable densities, floor 148 area ratios, height, and land use. Such land development 149 regulations include, but are not limited to, regulations 150 relating to setbacks and parking requirements. A proposed 151 development located within one-quarter mile of a military 152 installation identified in s. 163.3175(2) may not be 153 administratively approved. Each county shall maintain on its 154 website a policy containing procedures and expectations for 155 administrative approval pursuant to this subsection. 156 (f)1.A county must, upon request of an applicant, reduce 157 consider reducing parking requirements by 20 percent for a 158 proposed development authorized under this subsection if the 159 development: 160 a.Is located within one-quarter mile of a transit stop, as 161 defined in the countys land development code, and the transit 162 stop is accessible from the development;. 163 2.A county must reduce parking requirements by at least 20 164 percent for a proposed development authorized under this 165 subsection if the development: 166 b.a.Is located within one-half mile of a major 167 transportation hub that is accessible from the proposed 168 development by safe, pedestrian-friendly means, such as 169 sidewalks, crosswalks, elevated pedestrian or bike paths, or 170 other multimodal design features; or and 171 c.b.Has available parking within 600 feet of the proposed 172 development which may consist of options such as on-street 173 parking, parking lots, or parking garages available for use by 174 residents of the proposed development. However, a county may not 175 require that the available parking compensate for the reduction 176 in parking requirements. 177 2.3.A county must eliminate parking requirements for a 178 proposed mixed-use residential development authorized under this 179 subsection within an area recognized by the county as a transit 180 oriented development or area, as provided in paragraph (h). 181 3.4.For purposes of this paragraph, the term major 182 transportation hub means any transit station, whether bus, 183 train, or light rail, which is served by public transit with a 184 mix of other transportation options. 185 (k)Notwithstanding any other law or local ordinance or 186 regulation to the contrary, a county may allow an adjacent 187 parcel of land to be included within a proposed multifamily 188 development authorized under this subsection. 189 (l)This subsection does not apply to: 190 1.Airport-impacted areas as provided in s. 333.03. 191 2.Property defined as recreational and commercial working 192 waterfront in s. 342.201(2)(b) in any area zoned as industrial. 193 3.The Wekiva Study Area, as described in s. 369.316. 194 4.The Everglades Protection Area, as defined in s. 195 373.4592(2). 196 (m)The court shall give any civil action filed against a 197 county for a violation of this subsection priority over other 198 pending cases and render a preliminary or final decision as 199 expeditiously as possible. 200 (n)If a civil action is filed against a county for a 201 violation of this subsection, the court must assess and award 202 reasonable attorney fees and costs to the prevailing party. An 203 award of reasonable attorney fees or costs pursuant to this 204 subsection may not exceed $200,000. In addition, a prevailing 205 party may not recover any attorney fees or costs directly 206 incurred by or associated with litigation to determine an award 207 of reasonable attorney fees or costs. 208 (o)As used in this subsection, the term: 209 1.Commercial use means activities associated with the 210 sale, rental, or distribution of products or the performance of 211 services related thereto. The term includes, but is not limited 212 to, such uses or activities as retail sales; wholesale sales; 213 rentals of equipment, goods, or products; offices; restaurants; 214 food service vendors; sports arenas; theaters; tourist 215 attractions; and other for-profit business activities. A parcel 216 zoned to permit such uses by right without the requirement to 217 obtain a variance or waiver is considered commercial use for the 218 purposes of this section, irrespective of the local land 219 development regulations listed category or title. The term does 220 not include home-based businesses or cottage food operations 221 undertaken on residential property, uses that are accessory, 222 ancillary, incidental to the allowable uses, or allowed only on 223 a temporary basis. Recreational uses, such as golf courses, 224 tennis courts, swimming pools, and clubhouses, within an area 225 designated for residential use are not commercial use, 226 irrespective of the manner in which they are operated. 227 2.Industrial use means activities associated with the 228 manufacture, assembly, processing, or storage of products or the 229 performance of services related thereto. The term includes, but 230 is not limited to, such uses or activities as automobile 231 manufacturing or repair, boat manufacturing or repair, junk 232 yards, meat packing facilities, citrus processing and packing 233 facilities, produce processing and packing facilities, 234 electrical generating plants, water treatment plants, sewage 235 treatment plants, and solid waste disposal sites. A parcel zoned 236 to permit such uses by right without the requirement to obtain a 237 variance or waiver is considered industrial use for the purposes 238 of this section, irrespective of the local land development 239 regulations listed category or title. The term does not include 240 uses that are accessory, ancillary, incidental to the allowable 241 uses, or allowed only on a temporary basis. Recreational uses, 242 such as golf courses, tennis courts, swimming pools, and 243 clubhouses, within an area designated for residential use are 244 not industrial use, irrespective of the manner in which they are 245 operated. 246 3.Mixed use means any use that combines multiple types 247 of approved land uses from at least two of the residential use, 248 commercial use, and industrial use categories. The term does not 249 include uses that are accessory, ancillary, incidental to the 250 allowable uses, or allowed only on a temporary basis. 251 Recreational uses, such as golf courses, tennis courts, swimming 252 pools, and clubhouses, within an area designated for residential 253 use are not mixed use, irrespective of the manner in which they 254 are operated. 255 4.Planned unit development has the same meaning as 256 provided in s. 163.3202(5)(b). 257 (9)(a)A county may not impose a building moratorium that 258 has the effect of delaying the permitting or construction of a 259 multifamily residential or mixed-use residential development 260 authorized under subsection (7) except as provided in paragraph 261 (b). 262 (b)A county may, by ordinance, impose such a building 263 moratorium for no more than 90 days in any 3-year period. Before 264 adoption of such a building moratorium, the county shall prepare 265 or cause to be prepared an assessment of the countys need for 266 affordable housing at the extremely-low-income, very-low-income, 267 low-income, or moderate-income limits specified in s. 420.0004, 268 including projections of such need for the next 5 years. This 269 assessment must be posted on the countys website by the date 270 the notice of proposed enactment is published, and presented at 271 the same public meeting at which the proposed ordinance imposing 272 the building moratorium is adopted by the board of county 273 commissioners. This assessment must be included in the business 274 impact estimate for the ordinance imposing such a moratorium 275 required by s. 125.66(3). 276 (c)If a civil action is filed against a county for a 277 violation of this subsection, the court must assess and award 278 reasonable attorney fees and costs to the prevailing party. An 279 award of reasonable attorney fees or costs pursuant to this 280 subsection may not exceed $200,000. In addition, a prevailing 281 party may not recover any attorney fees or costs directly 282 incurred by or associated with litigation to determine an award 283 of reasonable attorney fees or costs. 284 (d)This subsection does not apply to moratoria imposed due 285 to unavailability of public facilities or services or imposed to 286 address stormwater or flood water management, if such moratoria 287 apply equally to all types of multifamily or mixed-use 288 residential development. 289 Section 2.Present paragraph (l) of subsection (7) of 290 section 166.04151, Florida Statutes, is redesignated as 291 paragraph (p), a new paragraph (l) and paragraphs (m), (n), and 292 (o) are added to that subsection, subsection (9) is added to 293 that section, and paragraphs (a) through (f) and (k) of 294 subsection (7) of that section are amended, to read: 295 166.04151Affordable housing. 296 (7)(a)A municipality must authorize multifamily and mixed 297 use residential as allowable uses in any area zoned for 298 commercial, industrial, or mixed use, and in portions of any 299 flexibly zoned area such as a planned unit development permitted 300 for commercial, industrial, or mixed use, if at least 40 percent 301 of the residential units in a proposed multifamily development 302 are rental units that, for a period of at least 30 years, are 303 affordable as defined in s. 420.0004. Notwithstanding any other 304 law, local ordinance, or regulation to the contrary, a 305 municipality may not require a proposed multifamily development 306 to obtain a zoning or land use change, special exception, 307 conditional use approval, variance, transfer of density or 308 development units, amendment to a development of regional 309 impact, or comprehensive plan amendment for the building height, 310 zoning, and densities authorized under this subsection. For 311 mixed-use residential projects, at least 65 percent of the total 312 square footage must be used for residential purposes. The 313 municipality may not require that more than 10 percent of the 314 total square footage of such mixed-use residential projects be 315 used for nonresidential purposes. 316 (b)A municipality may not restrict the density of a 317 proposed development authorized under this subsection below the 318 highest currently allowed, or allowed on July 1, 2023, density 319 on any land in the municipality where residential development is 320 allowed under the municipalitys land development regulations. 321 For purposes of this paragraph, the term highest currently 322 allowed density does not include the density of any building 323 that met the requirements of this subsection or the density of 324 any building that has received any bonus, variance, or other 325 special exception for density provided in the municipalitys 326 land development regulations as an incentive for development. 327 (c)A municipality may not restrict the floor area ratio of 328 a proposed development authorized under this subsection below 329 150 percent of the highest currently allowed, or allowed on July 330 1, 2023, floor area ratio on any land in the municipality where 331 development is allowed under the municipalitys land development 332 regulations. For purposes of this paragraph, the term highest 333 currently allowed floor area ratio does not include the floor 334 area ratio of any building that met the requirements of this 335 subsection or the floor area ratio of any building that has 336 received any bonus, variance, or other special exception for 337 floor area ratio provided in the municipalitys land development 338 regulations as an incentive for development. For purposes of 339 this subsection, the term floor area ratio includes floor lot 340 ratio. 341 (d)1.A municipality may not restrict the height of a 342 proposed development authorized under this subsection below the 343 highest currently allowed, or allowed on July 1, 2023, height 344 for a commercial or residential building located in its 345 jurisdiction within 1 mile of the proposed development or 3 346 stories, whichever is higher. For purposes of this paragraph, 347 the term highest currently allowed height does not include the 348 height of any building that met the requirements of this 349 subsection or the height of any building that has received any 350 bonus, variance, or other special exception for height provided 351 in the municipalitys land development regulations as an 352 incentive for development. 353 2.If the proposed development is adjacent to, on two or 354 more sides, a parcel zoned for single-family residential use 355 that is within a single-family residential development with at 356 least 25 contiguous single-family homes, the municipality may 357 restrict the height of the proposed development to 150 percent 358 of the tallest building on any property adjacent to the proposed 359 development, the highest currently allowed, or allowed on July 360 1, 2023, height for the property provided in the municipalitys 361 land development regulations, or 3 stories, whichever is higher, 362 not to exceed 10 stories. For the purposes of this paragraph, 363 the term adjacent to means those properties sharing more than 364 one point of a property line, but does not include properties 365 separated by a public road or body of water, including man-made 366 lakes or ponds. 367 (e)A proposed development authorized under this subsection 368 must be administratively approved without and no further action 369 by the governing body of the municipality or any quasi-judicial 370 or administrative board or reviewing body is required if the 371 development satisfies the municipalitys land development 372 regulations for multifamily developments in areas zoned for such 373 use and is otherwise consistent with the comprehensive plan, 374 with the exception of provisions establishing allowable 375 densities, floor area ratios, height, and land use. Such land 376 development regulations include, but are not limited to, 377 regulations relating to setbacks and parking requirements. A 378 proposed development located within one-quarter mile of a 379 military installation identified in s. 163.3175(2) may not be 380 administratively approved. Each municipality shall maintain on 381 its website a policy containing procedures and expectations for 382 administrative approval pursuant to this subsection. 383 (f)1.A municipality must, upon request of an applicant, 384 reduce consider reducing parking requirements for a proposed 385 development authorized under this subsection by 20 percent if 386 the development: 387 a.Is located within one-quarter mile of a transit stop, as 388 defined in the municipalitys land development code, and the 389 transit stop is accessible from the development;. 390 2.A municipality must reduce parking requirements by at 391 least 20 percent for a proposed development authorized under 392 this subsection if the development: 393 b.a.Is located within one-half mile of a major 394 transportation hub that is accessible from the proposed 395 development by safe, pedestrian-friendly means, such as 396 sidewalks, crosswalks, elevated pedestrian or bike paths, or 397 other multimodal design features; or. 398 c.b.Has available parking within 600 feet of the proposed 399 development which may consist of options such as on-street 400 parking, parking lots, or parking garages available for use by 401 residents of the proposed development. However, a municipality 402 may not require that the available parking compensate for the 403 reduction in parking requirements. 404 2.3.A municipality must eliminate parking requirements for 405 a proposed mixed-use residential development authorized under 406 this subsection within an area recognized by the municipality as 407 a transit-oriented development or area, as provided in paragraph 408 (h). 409 3.4.For purposes of this paragraph, the term major 410 transportation hub means any transit station, whether bus, 411 train, or light rail, which is served by public transit with a 412 mix of other transportation options. 413 (k)Notwithstanding any other law or local ordinance or 414 regulation to the contrary, a municipality may allow an adjacent 415 parcel of land to be included within a proposed multifamily 416 development authorized under this subsection. 417 (l)This subsection does not apply to: 418 1.Airport-impacted areas as provided in s. 333.03. 419 2.Property defined as recreational and commercial working 420 waterfront in s. 342.201(2)(b) in any area zoned as industrial. 421 3.The Wekiva Study Area, as described in s. 369.316. 422 4.The Everglades Protection Area, as defined in s. 423 373.4592(2). 424 (m)The court shall give any civil action filed against a 425 municipality for a violation of this subsection priority over 426 other pending cases and render a preliminary or final decision 427 as expeditiously as possible. 428 (n)If a civil action is filed against a municipality for a 429 violation of this subsection, the court must assess and award 430 reasonable attorney fees and costs to the prevailing party. An 431 award of reasonable attorney fees or costs pursuant to this 432 subsection may not exceed $200,000. In addition, a prevailing 433 party may not recover any attorney fees or costs directly 434 incurred by or associated with litigation to determine an award 435 of reasonable attorney fees or costs. 436 (o)As used in this subsection, the term: 437 1.Commercial use means activities associated with the 438 sale, rental, or distribution of products or the performance of 439 services related thereto. The term includes, but is not limited 440 to, such uses or activities as retail sales; wholesale sales; 441 rentals of equipment, goods, or products; offices; restaurants; 442 food service vendors; sports arenas; theaters; tourist 443 attractions; and other for-profit business activities. A parcel 444 zoned to permit such uses by right without the requirement to 445 obtain a variance or waiver is considered commercial use for the 446 purposes of this section, irrespective of the local land 447 development regulations listed category or title. The term does 448 not include home-based businesses or cottage food operations 449 undertaken on residential property, uses that are accessory, 450 ancillary, incidental to the allowable uses, or allowed only on 451 a temporary basis. Recreational uses, such as golf courses, 452 tennis courts, swimming pools, and clubhouses, within an area 453 designated for residential use are not commercial use, 454 irrespective of the manner in which they are operated. 455 2.Industrial use means activities associated with the 456 manufacture, assembly, processing, or storage of products or the 457 performance of services related thereto. The term includes, but 458 is not limited to, such uses or activities as automobile 459 manufacturing or repair, boat manufacturing or repair, junk 460 yards, meat packing facilities, citrus processing and packing 461 facilities, produce processing and packing facilities, 462 electrical generating plants, water treatment plants, sewage 463 treatment plants, and solid waste disposal sites. A parcel zoned 464 to permit such uses by right without the requirement to obtain a 465 variance or waiver is considered industrial use for the purposes 466 of this section, irrespective of the local land development 467 regulations listed category or title. The term does not include 468 uses that are accessory, ancillary, incidental to the allowable 469 uses, or allowed only on a temporary basis. Recreational uses, 470 such as golf courses, tennis courts, swimming pools, and 471 clubhouses, within an area designated for residential use are 472 not industrial, irrespective of the manner in which they are 473 operated. 474 3.Mixed-use means any use that combines multiple types 475 of approved land uses from at least two of the residential use, 476 commercial use, and industrial use categories. The term does not 477 include uses that are accessory, ancillary, incidental to the 478 allowable uses, or allowed only on a temporary basis. 479 Recreational uses, such as golf courses, tennis courts, swimming 480 pools, and clubhouses, within an area designated for residential 481 use are not mixed use, irrespective of the manner in which they 482 are operated. 483 4.Planned unit development has the same meaning as 484 provided in s. 163.3202(5)(b). 485 (9)(a)A municipality may not impose a building moratorium 486 that has the effect of delaying the permitting or construction 487 of a multifamily residential or mixed-use residential 488 development authorized under subsection (7) except as provided 489 in paragraph (b). 490 (b)A municipality may, by ordinance, impose such a 491 building moratorium for no more than 90 days in any 3-year 492 period. Before adoption of such a building moratorium, the 493 municipality shall prepare or cause to be prepared an assessment 494 of the municipalitys need for affordable housing at the 495 extremely-low-income, very-low-income, low-income, or moderate 496 income limits specified in s. 420.0004, including projections of 497 such need for the next 5 years. This assessment must be posted 498 on the municipalitys website by the date the notice of proposed 499 enactment is published and must be presented at the same public 500 meeting at which the proposed ordinance imposing the building 501 moratorium is adopted by the governing body of the municipality. 502 This assessment must be included in the business impact estimate 503 for the ordinance imposing such a moratorium required by s. 504 166.041(4). 505 (c)If a civil action is filed against a municipality for a 506 violation of this subsection, the court must assess and award 507 reasonable attorney fees and costs to the prevailing party. An 508 award of reasonable attorney fees or costs pursuant to this 509 subsection may not exceed $200,000. In addition, a prevailing 510 party may not recover any attorney fees or costs directly 511 incurred by or associated with litigation to determine an award 512 of reasonable attorney fees or costs. 513 (d)This subsection does not apply to moratoria imposed due 514 to unavailability of public facilities or services or imposed to 515 address stormwater or flood water management, if such moratoria 516 apply equally to all types of multifamily or mixed-use 517 residential development. 518 Section 3.An applicant for a proposed development 519 authorized under s. 125.01055(7), Florida Statutes, or s. 520 166.04151(7), Florida Statutes, who submitted an application, 521 written request, or notice of intent to use such provisions to 522 the county or municipality and which application, written 523 request, or notice of intent has been received by the county or 524 municipality, as applicable, before July 1, 2025, may notify the 525 county or municipality by July 1, 2025, of its intent to proceed 526 under the provisions of s. 125.01055(7), Florida Statutes, or s. 527 166.04151(7), Florida Statutes, as they existed at the time of 528 submittal. A county or municipality, as applicable, shall allow 529 an applicant who submitted such application, written request, or 530 notice of intent before July 1, 2025, the opportunity to submit 531 a revised application, written request, or notice of intent to 532 account for the changes made by this act. 533 Section 4.Paragraph (a) of subsection (9) of section 534 380.0552, Florida Statutes, is amended to read: 535 380.0552Florida Keys Area; protection and designation as 536 area of critical state concern. 537 (9)MODIFICATION TO PLANS AND REGULATIONS. 538 (a)Any land development regulation or element of a local 539 comprehensive plan in the Florida Keys Area may be enacted, 540 amended, or rescinded by a local government, but the enactment, 541 amendment, or rescission becomes effective only upon approval by 542 the state land planning agency. The state land planning agency 543 shall review the proposed change to determine if it is in 544 compliance with the principles for guiding development specified 545 in chapter 27F-8, Florida Administrative Code, as amended 546 effective August 23, 1984, and must approve or reject the 547 requested changes within 60 days after receipt. Amendments to 548 local comprehensive plans in the Florida Keys Area must also be 549 reviewed for compliance with the following: 550 1.Construction schedules and detailed capital financing 551 plans for wastewater management improvements in the annually 552 adopted capital improvements element, and standards for the 553 construction of wastewater treatment and disposal facilities or 554 collection systems that meet or exceed the criteria in s. 555 403.086(11) for wastewater treatment and disposal facilities or 556 s. 381.0065(4)(l) for onsite sewage treatment and disposal 557 systems. 558 2.Goals, objectives, and policies to protect public safety 559 and welfare in the event of a natural disaster by maintaining a 560 hurricane evacuation clearance time for permanent residents of 561 no more than 26 24 hours. The hurricane evacuation clearance 562 time shall be determined by a hurricane evacuation study 563 conducted in accordance with a professionally accepted 564 methodology and approved by the state land planning agency. For 565 purposes of hurricane evacuation clearance time: 566 a.Mobile home residents are not considered permanent 567 residents. 568 b.The City of Key West Area of Critical State Concern 569 established by chapter 28-36, Florida Administrative Code, shall 570 be included in the hurricane evacuation study and is subject to 571 the evacuation requirements of this subsection. 572 Section 5.It is the intent of the Legislature that the 573 amendment made by this act to s. 380.0552, Florida Statutes, 574 will accommodate the building of additional developments within 575 the Florida Keys to ameliorate the acute affordable housing and 576 building permit allocation shortage. The Legislature also 577 intends that local governments subject to the hurricane 578 evacuation clearance time restrictions on residential buildings 579 manage growth with a heightened focus on long-term stability and 580 affordable housing for the local workforce. 581 Section 6.Section 420.5098, Florida Statutes, is created 582 to read: 583 420.5098Public sector and hospital employer-sponsored 584 housing policy. 585 (1)The Legislature finds that it is in the best interests 586 of the state and the states economy to provide affordable 587 housing to state residents employed by hospitals, health care 588 facilities, and governmental entities in order to attract and 589 maintain the highest quality labor by incentivizing such 590 employers to sponsor affordable housing opportunities. Section 591 42(g)(9)(B) of the Internal Revenue Code provides that a 592 qualified low-income housing project does not fail to meet the 593 general public use requirement solely because of occupancy 594 restrictions or preferences that favor tenants who are members 595 of a specified group under a state program or policy that 596 supports housing for such specified group. Therefore, it is the 597 intent of the Legislature to establish a policy that supports 598 the development of affordable workforce housing for employees of 599 hospitals, health care facilities, and governmental entities. 600 (2)For purposes of this section, the term: 601 (a)Governmental entity means any state, regional, 602 county, local, or municipal governmental entity of this state, 603 whether executive, judicial, or legislative; any department, 604 division, bureau, commission, authority, or political 605 subdivision of the state; any public school, state university, 606 or Florida College System institution; or any special district 607 as defined in s. 189.012. 608 (b)Health care facility has the same meaning as provided 609 in s. 159.27(16). 610 (c)Hospital means a hospital under chapter 155, a 611 hospital district created pursuant to chapter 189, or a hospital 612 licensed pursuant to chapter 395, including corporations not for 613 profit that are qualified as charitable under s. 501(c)(3) of 614 the Internal Revenue Code and for-profit entities. 615 (3)It is the policy of the state to support housing for 616 employees of hospitals, health care facilities, and governmental 617 entities and to allow developers in receipt of federal low 618 income housing tax credits allocated pursuant to s. 420.5099, 619 local or state funds, or other sources of funding available to 620 finance the development of affordable housing to create a 621 preference for housing for such employees. Such preference must 622 conform to the requirements of s. 42(g)(9) of the Internal 623 Revenue Code. 624 Section 7.Section 760.26, Florida Statutes, is amended to 625 read: 626 760.26Prohibited discrimination in land use decisions and 627 in permitting of development.It is unlawful to discriminate in 628 land use decisions or in the permitting of development based on 629 race, color, national origin, sex, disability, familial status, 630 religion, or, except as otherwise provided by law, the source of 631 financing of a development or proposed development or the nature 632 of a development or proposed development as affordable housing. 633 Section 8.This act shall take effect July 1, 2025.