Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/CS/SB 1730, 1st Eng.
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/RM .
04/30/2025 07:58 PM .
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Senator Jones moved the following:
1 Senate Amendment to House Amendment (673693) (with title
2 amendment)
3
4 Delete lines 99 - 427
5 and insert:
6 3. If the proposed development is on a parcel with a
7 contributing structure or building within a historic district
8 which was listed in the National Register of Historic Places
9 before January 1, 2000, or is on a parcel with a structure or
10 building individually listed in the National Register of
11 Historic Places, the county may restrict the height of the
12 proposed development to the highest currently allowed, or
13 allowed on July 1, 2023, height for a commercial or residential
14 building located in its jurisdiction within three-fourths of a
15 mile of the proposed development or 3 stories, whichever is
16 higher. The term “highest currently allowed” in this paragraph
17 includes the maximum height allowed for any building in a zoning
18 district irrespective of any conditions.
19 (e)1. A proposed development authorized under this
20 subsection must be administratively approved without and no
21 further action by the board of county commissioners or any
22 quasi-judicial or administrative board or reviewing body is
23 required if the development satisfies the county’s land
24 development regulations for multifamily developments in areas
25 zoned for such use and is otherwise consistent with the
26 comprehensive plan, with the exception of provisions
27 establishing allowable densities, floor area ratios, height, and
28 land use. Such land development regulations include, but are not
29 limited to, regulations relating to setbacks and parking
30 requirements. A proposed development located within one-quarter
31 mile of a military installation identified in s. 163.3175(2) may
32 not be administratively approved. Each county shall maintain on
33 its website a policy containing procedures and expectations for
34 administrative approval pursuant to this subsection. For
35 purposes of this subparagraph, the term “allowable density”
36 means the density prescribed for the property in accordance with
37 this subsection without additional requirements to procure and
38 transfer density units or development units from other
39 properties.
40 2. The county must administratively approve the demolition
41 of an existing structure associated with a proposed development
42 under this subsection, without further action by the board of
43 county commissioners or any quasi-judicial or administrative
44 board or reviewing body, if the proposed demolition otherwise
45 complies with all state and local regulations.
46 3. If the proposed development is on a parcel with a
47 contributing structure or building within a historic district
48 which was listed in the National Register of Historic Places
49 before January 1, 2000, or is on a parcel with a structure or
50 building individually listed in the National Register of
51 Historic Places, the county may administratively require the
52 proposed development to comply with local regulations relating
53 to architectural design, such as facade replication, provided it
54 does not affect height, floor area ratio, of density of the
55 proposed development.
56 (f)1. A county must, upon request of an applicant, reduce
57 consider reducing parking requirements by 15 percent for a
58 proposed development authorized under this subsection if the
59 development:
60 a. Is located within one-quarter mile of a transit stop, as
61 defined in the county’s land development code, and the transit
62 stop is accessible from the development;.
63 2. A county must reduce parking requirements by at least 20
64 percent for a proposed development authorized under this
65 subsection if the development:
66 b.a. Is located within one-half mile of a major
67 transportation hub that is accessible from the proposed
68 development by safe, pedestrian-friendly means, such as
69 sidewalks, crosswalks, elevated pedestrian or bike paths, or
70 other multimodal design features; or and
71 c.b. Has available parking within 600 feet of the proposed
72 development which may consist of options such as on-street
73 parking, parking lots, or parking garages available for use by
74 residents of the proposed development. However, a county may not
75 require that the available parking compensate for the reduction
76 in parking requirements.
77 2.3. A county must eliminate parking requirements for a
78 proposed mixed-use residential development authorized under this
79 subsection within an area recognized by the county as a transit
80 oriented development or area, as provided in paragraph (h).
81 3.4. For purposes of this paragraph, the term “major
82 transportation hub” means any transit station, whether bus,
83 train, or light rail, which is served by public transit with a
84 mix of other transportation options.
85 (k) Notwithstanding any other law or local ordinance or
86 regulation to the contrary, a county may allow an adjacent
87 parcel of land to be included within a proposed multifamily
88 development authorized under this subsection.
89 (l) The court shall give any civil action filed against a
90 county for a violation of this subsection priority over other
91 pending cases and render a preliminary or final decision as
92 expeditiously as possible.
93 (m) If a civil action is filed against a county for a
94 violation of this subsection, the court must assess and award
95 reasonable attorney fees and costs to the prevailing party. An
96 award of reasonable attorney fees or costs pursuant to this
97 subsection may not exceed $250,000. In addition, a prevailing
98 party may not recover any attorney fees or costs directly
99 incurred by or associated with litigation to determine an award
100 of reasonable attorney fees or costs.
101 (n) As used in this subsection, the term:
102 1. “Commercial use” means activities associated with the
103 sale, rental, or distribution of products or the performance of
104 services related thereto. The term includes, but is not limited
105 to, such uses or activities as retail sales; wholesale sales;
106 rentals of equipment, goods, or products; offices; restaurants;
107 public lodging establishments as described in s. 509.242(1)(a);
108 food service vendors; sports arenas; theaters; tourist
109 attractions; and other for-profit business activities. A parcel
110 zoned to permit such uses by right without the requirement to
111 obtain a variance or waiver is considered commercial use for the
112 purposes of this section, irrespective of the local land
113 development regulation’s listed category or title. The term does
114 not include home-based businesses or cottage food operations
115 undertaken on residential property, public lodging
116 establishments as described in s. 509.242(1)(c), or uses that
117 are accessory, ancillary, incidental to the allowable uses, or
118 allowed only on a temporary basis. Recreational uses, such as
119 golf courses, tennis courts, swimming pools, and clubhouses,
120 within an area designated for residential use are not commercial
121 use, irrespective of how they are operated.
122 2. “Industrial use” means activities associated with the
123 manufacture, assembly, processing, or storage of products or the
124 performance of services related thereto. The term includes, but
125 is not limited to, such uses or activities as automobile
126 manufacturing or repair, boat manufacturing or repair, junk
127 yards, meat packing facilities, citrus processing and packing
128 facilities, produce processing and packing facilities,
129 electrical generating plants, water treatment plants, sewage
130 treatment plants, and solid waste disposal sites. A parcel zoned
131 to permit such uses by right without the requirement to obtain a
132 variance or waiver is considered industrial use for the purposes
133 of this section, irrespective of the local land development
134 regulation’s listed category or title. The term does not include
135 uses that are accessory, ancillary, incidental to the allowable
136 uses, or allowed only on a temporary basis. Recreational uses,
137 such as golf courses, tennis courts, swimming pools, and
138 clubhouses, within an area designated for residential use are
139 not industrial use, irrespective of how they are operated.
140 3. “Mixed use” means any use that combines multiple types
141 of approved land uses from at least two of the residential use,
142 commercial use, and industrial use categories. The term does not
143 include uses that are accessory, ancillary, incidental to the
144 allowable uses, or allowed only on a temporary basis.
145 Recreational uses, such as golf courses, tennis courts, swimming
146 pools, and clubhouses, within an area designated for residential
147 use are not mixed use, irrespective of how they are operated.
148 4. “Planned unit development” has the same meaning as
149 provided in s. 163.3202(5)(b).
150 (o)(k) This subsection does not apply to:
151 1. Airport-impacted areas as provided in s. 333.03.
152 2. Property defined as recreational and commercial working
153 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
154 3. The Wekiva Study Area, as described in s. 369.316.
155 4. The Everglades Protection Area, as defined in s.
156 373.4592(2).
157 (p)(l) This subsection expires October 1, 2033.
158 (9)(a) Except as provided in paragraphs (b) and (d), a
159 county may not enforce a building moratorium that has the effect
160 of delaying the permitting or construction of a multifamily
161 residential or mixed-use residential development authorized
162 under subsection (7).
163 (b) A county may, by ordinance, impose or enforce such a
164 building moratorium for no more than 90 days in any 3-year
165 period. Before adoption of such a building moratorium, the
166 county shall prepare or cause to be prepared an assessment of
167 the county’s need for affordable housing at the extremely-low
168 income, very-low-income, low-income, or moderate-income limits
169 specified in s. 420.0004, including projections of such need for
170 the next 5 years. This assessment must be posted on the county’s
171 website by the date the notice of proposed enactment is
172 published, and presented at the same public meeting at which the
173 proposed ordinance imposing the building moratorium is adopted
174 by the board of county commissioners. This assessment must be
175 included in the business impact estimate for the ordinance
176 imposing such a moratorium required by s. 125.66(3).
177 (c) If a civil action is filed against a county for a
178 violation of this subsection, the court must assess and award
179 reasonable attorney fees and costs to the prevailing party. An
180 award of reasonable attorney fees or costs pursuant to this
181 subsection may not exceed $250,000. In addition, a prevailing
182 party may not recover any attorney fees or costs directly
183 incurred by or associated with litigation to determine an award
184 of reasonable attorney fees or costs.
185 (d) This subsection does not apply to moratoria imposed or
186 enforced to address stormwater or flood water management, to
187 address the supply of potable water, or due to the necessary
188 repair of sanitary sewer systems, if such moratoria apply
189 equally to all types of multifamily or mixed-use residential
190 development.
191 (10)(a) Beginning November 1, 2026, each county must
192 provide an annual report to the state land planning agency which
193 includes:
194 1. A summary of litigation relating to subsection (7) that
195 was initiated, remains pending, or was resolved during the
196 previous fiscal year.
197 2. A list of all projects proposed or approved under
198 subsection (7) during the previous fiscal year. For each
199 project, the report must include, at a minimum, the project’s
200 size, density, and intensity and the total number of units
201 proposed, including the number of affordable units and
202 associated targeted household incomes.
203 (b) The state land planning agency shall compile the
204 information received under this subsection and submit the
205 information to the Governor, the President of the Senate, and
206 the Speaker of the House of Representatives annually by February
207 1.
208 Section 2. Subsection (6) and paragraphs (a) through (f),
209 (k), and (l) of subsection (7) of section 166.04151, Florida
210 Statutes, are amended, new paragraphs (k) through (n) are added
211 to subsection (7), and subsections (9) and (10) are added to
212 that section, to read:
213 166.04151 Affordable housing.—
214 (6) Notwithstanding any other law or local ordinance or
215 regulation to the contrary, the governing body of a municipality
216 may approve the development of housing that is affordable, as
217 defined in s. 420.0004, including, but not limited to, a mixed
218 use residential development, on any parcel zoned for commercial
219 or industrial use, or on any parcel, including any contiguous
220 parcel connected thereto, which is owned by a religious
221 institution as defined in s. 170.201(2) which contains a house
222 of public worship, regardless of underlying zoning, so long as
223 at least 10 percent of the units included in the project are for
224 housing that is affordable. The provisions of this subsection
225 are self-executing and do not require the governing body to
226 adopt an ordinance or a regulation before using the approval
227 process in this subsection.
228 (7)(a) A municipality must authorize multifamily and mixed
229 use residential as allowable uses in any area zoned for
230 commercial, industrial, or mixed use, and in portions of any
231 flexibly zoned area such as a planned unit development permitted
232 for commercial, industrial, or mixed use, if at least 40 percent
233 of the residential units in a proposed multifamily development
234 are rental units that, for a period of at least 30 years, are
235 affordable as defined in s. 420.0004. Notwithstanding any other
236 law, local ordinance, or regulation to the contrary, a
237 municipality may not require a proposed multifamily development
238 to obtain a zoning or land use change, special exception,
239 conditional use approval, variance, transfer of density or
240 development units, amendment to a development of regional
241 impact, amendment to a municipal charter, or comprehensive plan
242 amendment for the building height, zoning, and densities
243 authorized under this subsection. For mixed-use residential
244 projects, at least 65 percent of the total square footage must
245 be used for residential purposes. The municipality may not
246 require that more than 10 percent of the total square footage of
247 such mixed-use residential projects be used for nonresidential
248 purposes.
249 (b) A municipality may not restrict the density of a
250 proposed development authorized under this subsection below the
251 highest currently allowed, or allowed on July 1, 2023, density
252 on any land in the municipality where residential development is
253 allowed under the municipality’s land development regulations.
254 For purposes of this paragraph, the term “highest currently
255 allowed density” does not include the density of any building
256 that met the requirements of this subsection or the density of
257 any building that has received any bonus, variance, or other
258 special exception for density provided in the municipality’s
259 land development regulations as an incentive for development.
260 For purposes of this paragraph, “highest currently allowed, or
261 allowed on July 1, 2023,” means whichever is least restrictive
262 at the time of development.
263 (c) A municipality may not restrict the floor area ratio of
264 a proposed development authorized under this subsection below
265 150 percent of the highest currently allowed, or allowed on July
266 1, 2023, floor area ratio on any land in the municipality where
267 development is allowed under the municipality’s land development
268 regulations. For purposes of this paragraph, the term “highest
269 currently allowed floor area ratio” does not include the floor
270 area ratio of any building that met the requirements of this
271 subsection or the floor area ratio of any building that has
272 received any bonus, variance, or other special exception for
273 floor area ratio provided in the municipality’s land development
274 regulations as an incentive for development. For purposes of
275 this subsection, the term “floor area ratio” includes floor lot
276 ratio and lot coverage.
277 (d)1. A municipality may not restrict the height of a
278 proposed development authorized under this subsection below the
279 highest currently allowed, or allowed on July 1, 2023, height
280 for a commercial or residential building located in its
281 jurisdiction within 1 mile of the proposed development or 3
282 stories, whichever is higher. For purposes of this paragraph,
283 the term “highest currently allowed height” does not include the
284 height of any building that met the requirements of this
285 subsection or the height of any building that has received any
286 bonus, variance, or other special exception for height provided
287 in the municipality’s land development regulations as an
288 incentive for development.
289 2. If the proposed development is adjacent to, on two or
290 more sides, a parcel zoned for single-family residential use
291 that is within a single-family residential development with at
292 least 25 contiguous single-family homes, the municipality may
293 restrict the height of the proposed development to 150 percent
294 of the tallest building on any property adjacent to the proposed
295 development, the highest currently allowed, or allowed on July
296 1, 2023, height for the property provided in the municipality’s
297 land development regulations, or 3 stories, whichever is higher,
298 not to exceed 10 stories. For the purposes of this paragraph,
299 the term “adjacent to” means those properties sharing more than
300 one point of a property line, but does not include properties
301 separated by a public road or body of water, including manmade
302 lakes or ponds. For a proposed development located within a
303 municipality within an area of critical state concern as
304 designated by s. 380.0552 or chapter 28-36, Florida
305 Administrative Code, the term “story” includes only the
306 habitable space above the base flood elevation as designated by
307 the Federal Emergency Management Agency in the most current
308 Flood Insurance Rate Map. A story may not exceed 10 feet in
309 height measured from finished floor to finished floor, including
310 space for mechanical equipment. The highest story may not exceed
311 10 feet from finished floor to the top plate.
312 3. If the proposed development is on a parcel with a
313 contributing structure or building within a historic district
314 which was listed in the National Register of Historic Places
315 before January 1, 2000, or is on a parcel with a structure or
316 building individually listed in the National Register of
317 Historic Places, the municipality may restrict the height of the
318 proposed development to the highest currently allowed, or
319 allowed on July 1, 2023, height for a commercial or residential
320 building located in its jurisdiction within three-fourths of a
321 mile of the proposed development or 3 stories, whichever is
322 higher. The term “highest currently allowed” in this paragraph
323 includes the maximum height allowed for any building in a zoning
324 district irrespective of any conditions.
325 (e)1. A proposed development authorized under this
326 subsection must be administratively approved without and no
327 further action by the governing body of the municipality or any
328 quasi-judicial or administrative board or reviewing body is
329 required if the development satisfies the municipality’s land
330 development regulations for multifamily developments in areas
331 zoned for such use and is otherwise consistent with the
332 comprehensive plan, with the exception of provisions
333 establishing allowable densities, floor area ratios, height, and
334 land use. Such land development regulations include, but are not
335 limited to, regulations relating to setbacks and parking
336 requirements. A proposed development located within one-quarter
337 mile of a military installation identified in s. 163.3175(2) may
338 not be administratively approved. Each municipality shall
339 maintain on its website a policy containing procedures and
340 expectations for administrative approval pursuant to this
341 subsection. For purposes of this paragraph, the term “allowable
342 density” means the density prescribed for the property in
343 accordance with this subsection without additional requirements
344 to procure and transfer density units or development units from
345 other properties.
346 2. The municipality must administratively approve the
347 demolition of an existing structure associated with a proposed
348 development under this subsection, without further action by the
349 governing body of the municipality or any quasi-judicial or
350 administrative board or reviewing body, if the proposed
351 demolition otherwise complies with all state and local
352 regulations.
353 3. If the proposed development is on a parcel with a
354 contributing structure or building within a historic district
355 which was listed in the National Register of Historic Places
356 before January 1, 2000, or is on a parcel with a structure or
357 building individually listed in the National Register of
358 Historic Places, the municipality may administratively require
359 the proposed development to comply with local regulations
360 relating to architectural design, such as facade replication,
361 provided it does not affect height, floor area ratio, of density
362 of the proposed development.
363
364 ================= T I T L E A M E N D M E N T ================
365 And the title is amended as follows:
366 Delete lines 667 - 677
367 and insert:
368 proposed developments on certain parcels with
369 structures or buildings listed in the National
370 Register of Historic Places; requiring the
371 administrative approval of certain proposed
372 developments without further action by a quasi
373 judicial or administrative board or reviewing body
374 under certain circumstances; defining the term
375 “allowable density”; requiring the administrative
376 approval of the demolition of an existing structure
377 associated with a proposed development in certain
378 circumstances; providing construction; authorizing
379 counties and municipalities to administratively
380 require that certain proposed developments comply with
381 architectural design regulations under certain
382 circumstances; requiring counties and