Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1730
       
       
       
       
       
       
                                Ì328892MÎ328892                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/16/2025 02:55 PM       .                                
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       Senator Calatayud moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective upon becoming a law, paragraph (k) of
    6  subsection (7) of section 125.01055, Florida Statutes, is
    7  amended to read:
    8         125.01055 Affordable housing.—
    9         (7)
   10         (k) This subsection does not apply to:
   11         1. Airport-impacted areas as provided in s. 333.03.
   12         2. Property defined as recreational and commercial working
   13  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
   14         3. The Wekiva Study Area, as described in s. 369.316.
   15         4. The Everglades Protection Area, as defined in s.
   16  373.4592(2).
   17         Section 2. Present paragraphs (k) and (l) of subsection (7)
   18  of section 125.01055, Florida Statutes, as amended by this act,
   19  are redesignated as paragraphs (l) and (p), respectively,
   20  present subsection (8) of that section is redesignated as
   21  subsection (9), a new paragraph (k) and paragraphs (m), (n), and
   22  (o) are added to subsection (7) of that section, a new
   23  subsection (8) and subsection (10) are added to that section,
   24  and paragraphs (a) through (f) of subsection (7) of that section
   25  are amended, to read:
   26         125.01055 Affordable housing.—
   27         (7)(a) A county must authorize multifamily and mixed-use
   28  residential as allowable uses in any area zoned for commercial,
   29  industrial, or mixed use, and in portions of any flexibly zoned
   30  area such as a planned unit development permitted for
   31  commercial, industrial, or mixed use, if at least 40 percent of
   32  the residential units in a proposed multifamily development are
   33  rental units that, for a period of at least 30 years, are
   34  affordable as defined in s. 420.0004. Notwithstanding any other
   35  law, local ordinance, or regulation to the contrary, a county
   36  may not require a proposed multifamily development to obtain a
   37  zoning or land use change, special exception, conditional use
   38  approval, variance, transfer of density or development units,
   39  amendment to a development of regional impact, or comprehensive
   40  plan amendment for the building height, zoning, and densities
   41  authorized under this subsection. For mixed-use residential
   42  projects, at least 65 percent of the total square footage must
   43  be used for residential purposes. The county may not require
   44  that more than 10 percent of the total square footage of such
   45  mixed-use residential projects be used for nonresidential
   46  purposes.
   47         (b) A county may not restrict the density of a proposed
   48  development authorized under this subsection below the highest
   49  currently allowed, or allowed on July 1, 2023, density on any
   50  unincorporated land in the county where residential development
   51  is allowed under the county’s land development regulations. For
   52  purposes of this paragraph, the term “highest currently allowed
   53  density” does not include the density of any building that met
   54  the requirements of this subsection or the density of any
   55  building that has received any bonus, variance, or other special
   56  exception for density provided in the county’s land development
   57  regulations as an incentive for development.
   58         (c) A county may not restrict the floor area ratio of a
   59  proposed development authorized under this subsection below 150
   60  percent of the highest currently allowed, or allowed on July 1,
   61  2023, floor area ratio on any unincorporated land in the county
   62  where development is allowed under the county’s land development
   63  regulations. For purposes of this paragraph, the term “highest
   64  currently allowed floor area ratio” does not include the floor
   65  area ratio of any building that met the requirements of this
   66  subsection or the floor area ratio of any building that has
   67  received any bonus, variance, or other special exception for
   68  floor area ratio provided in the county’s land development
   69  regulations as an incentive for development. For purposes of
   70  this subsection, the term “floor area ratio” includes floor lot
   71  ratio.
   72         (d)1. A county may not restrict the height of a proposed
   73  development authorized under this subsection below the highest
   74  currently allowed, or allowed on July 1, 2023, height for a
   75  commercial or residential building located in its jurisdiction
   76  within 1 mile of the proposed development or 3 stories,
   77  whichever is higher. For purposes of this paragraph, the term
   78  “highest currently allowed height” does not include the height
   79  of any building that met the requirements of this subsection or
   80  the height of any building that has received any bonus,
   81  variance, or other special exception for height provided in the
   82  county’s land development regulations as an incentive for
   83  development.
   84         2. If the proposed development is adjacent to, on two or
   85  more sides, a parcel zoned for single-family residential use
   86  which is within a single-family residential development with at
   87  least 25 contiguous single-family homes, the county may restrict
   88  the height of the proposed development to 150 percent of the
   89  tallest building on any property adjacent to the proposed
   90  development, the highest currently allowed, or allowed on July
   91  1, 2023, height for the property provided in the county’s land
   92  development regulations, or 3 stories, whichever is higher, but
   93  not to exceed 10 stories. For the purposes of this paragraph,
   94  the term “adjacent to” means those properties sharing more than
   95  one point of a property line, but does not include properties
   96  separated by a public road.
   97         (e) A proposed development authorized under this subsection
   98  must be administratively approved without and no further action
   99  by the board of county commissioners or any quasi-judicial or
  100  administrative board or reviewing body is required if the
  101  development satisfies the county’s land development regulations
  102  for multifamily developments in areas zoned for such use and is
  103  otherwise consistent with the comprehensive plan, with the
  104  exception of provisions establishing allowable densities, floor
  105  area ratios, height, and land use. Such land development
  106  regulations include, but are not limited to, regulations
  107  relating to setbacks and parking requirements. A proposed
  108  development located within one-quarter mile of a military
  109  installation identified in s. 163.3175(2) may not be
  110  administratively approved. Each county shall maintain on its
  111  website a policy containing procedures and expectations for
  112  administrative approval pursuant to this subsection. For the
  113  purposes of this paragraph, the term “allowable density” means
  114  the density prescribed for the property without additional
  115  requirements to procure and transfer density units or
  116  development units from other properties.
  117         (f)1. A county must, upon request of an applicant, reduce
  118  consider reducing parking requirements by 10 percent for a
  119  proposed development authorized under this subsection if the
  120  development:
  121         a. Is located within one-quarter mile of a transit stop, as
  122  defined in the county’s land development code, and the transit
  123  stop is accessible from the development;.
  124         2. A county must reduce parking requirements by at least 20
  125  percent for a proposed development authorized under this
  126  subsection if the development:
  127         b.a. Is located within one-half mile of a major
  128  transportation hub that is accessible from the proposed
  129  development by safe, pedestrian-friendly means, such as
  130  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  131  other multimodal design features; or and
  132         c.b. Has available parking within 600 feet of the proposed
  133  development which may consist of options such as on-street
  134  parking, parking lots, or parking garages available for use by
  135  residents of the proposed development. However, a county may not
  136  require that the available parking compensate for the reduction
  137  in parking requirements.
  138         2.3. A county must eliminate parking requirements for a
  139  proposed mixed-use residential development authorized under this
  140  subsection within an area recognized by the county as a transit
  141  oriented development or area, as provided in paragraph (h).
  142         3.4. For purposes of this paragraph, the term “major
  143  transportation hub” means any transit station, whether bus,
  144  train, or light rail, which is served by public transit with a
  145  mix of other transportation options.
  146         (k) Notwithstanding any other law or local ordinance or
  147  regulation to the contrary, a county may allow an adjacent
  148  parcel of land to be included within a proposed multifamily
  149  development authorized under this subsection.
  150         (m) The court shall give any civil action filed against a
  151  county for a violation of this subsection priority over other
  152  pending cases and render a preliminary or final decision as
  153  expeditiously as possible.
  154         (n) If a civil action is filed against a county for a
  155  violation of this subsection, the court must assess and award
  156  reasonable attorney fees and costs to the prevailing party. An
  157  award of reasonable attorney fees or costs pursuant to this
  158  subsection may not exceed $200,000. In addition, a prevailing
  159  party may not recover any attorney fees or costs directly
  160  incurred by or associated with litigation to determine an award
  161  of reasonable attorney fees or costs.
  162         (o) As used in this subsection, the term:
  163         1. “Commercial use” means activities associated with the
  164  sale, rental, or distribution of products or the performance of
  165  services related thereto. The term includes, but is not limited
  166  to, such uses or activities as retail sales; wholesale sales;
  167  rentals of equipment, goods, or products; offices; restaurants;
  168  public lodging establishments as described in s. 509.242(1)(a);
  169  food service vendors; sports arenas; theaters; tourist
  170  attractions; and other for-profit business activities. A parcel
  171  zoned to permit such uses by right without the requirement to
  172  obtain a variance or waiver is considered commercial use for the
  173  purposes of this section, irrespective of the local land
  174  development regulation’s listed category or title. The term does
  175  not include home-based businesses or cottage food operations
  176  undertaken on residential property, public lodging
  177  establishments as described in s. 509.242(1)(c), or uses that
  178  are accessory, ancillary, incidental to the allowable uses, or
  179  allowed only on a temporary basis.
  180         2. “Industrial use” means activities associated with the
  181  manufacture, assembly, processing, or storage of products or the
  182  performance of services related thereto. The term includes, but
  183  is not limited to, such uses or activities as automobile
  184  manufacturing or repair, boat manufacturing or repair, junk
  185  yards, meat packing facilities, citrus processing and packing
  186  facilities, produce processing and packing facilities,
  187  electrical generating plants, water treatment plants, sewage
  188  treatment plants, and solid waste disposal sites. A parcel zoned
  189  to permit such uses by right without the requirement to obtain a
  190  variance or waiver is considered industrial use for the purposes
  191  of this section, irrespective of the local land development
  192  regulation’s listed category or title. The term does not include
  193  uses that are accessory, ancillary, incidental to the allowable
  194  uses, or allowed only on a temporary basis.
  195         3. “Mixed use” means any use that combines multiple types
  196  of approved land uses from at least two of the residential use,
  197  commercial use, and industrial use categories. The term does not
  198  include uses that are accessory, ancillary, incidental to the
  199  allowable uses, or allowed only on a temporary basis.
  200         4. “Planned unit development” has the same meaning as
  201  provided in s. 163.3202(5)(b).
  202         (8)(a)A proposed development on a parcel of land primarily
  203  developed and maintained as a golf course, a tennis court, or a
  204  swimming pool, regardless of the zoning category assigned to
  205  such parcel, may use the approval process provided in subsection
  206  (7).
  207         (b)If the proposed development is on a parcel that is
  208  adjacent to, on two or more sides, a parcel zoned for single
  209  family residential use, the county may restrict the height of
  210  the proposed development to 150 percent of the tallest
  211  residential building on any property adjacent to the proposed
  212  development, the highest currently allowed, or allowed on July
  213  1, 2023, height for the property provided in the county’s land
  214  development regulations, or 3 stories, whichever is higher. For
  215  the purposes of this paragraph, the term “adjacent to” means
  216  those properties sharing more than one point of a property line,
  217  but does not include properties separated by a public road or
  218  body of water, including manmade lakes or ponds.
  219         (10)(a)Except as provided in paragraphs (b) and (d), a
  220  county may not enforce a building moratorium that has the effect
  221  of delaying the permitting or construction of a multifamily
  222  residential or mixed-use residential development authorized
  223  under subsection (7).
  224         (b) A county may, by ordinance, impose or enforce such a
  225  building moratorium for no more than 90 days in any 3-year
  226  period. Before adoption of such a building moratorium, the
  227  county shall prepare or cause to be prepared an assessment of
  228  the county’s need for affordable housing at the extremely-low
  229  income, very-low-income, low-income, or moderate-income limits
  230  specified in s. 420.0004, including projections of such need for
  231  the next 5 years. This assessment must be posted on the county’s
  232  website by the date the notice of proposed enactment is
  233  published, and presented at the same public meeting at which the
  234  proposed ordinance imposing the building moratorium is adopted
  235  by the board of county commissioners. This assessment must be
  236  included in the business impact estimate for the ordinance
  237  imposing such a moratorium required by s. 125.66(3).
  238         (c) If a civil action is filed against a county for a
  239  violation of this subsection, the court must assess and award
  240  reasonable attorney fees and costs to the prevailing party. An
  241  award of reasonable attorney fees or costs pursuant to this
  242  subsection may not exceed $200,000. In addition, a prevailing
  243  party may not recover any attorney fees or costs directly
  244  incurred by or associated with litigation to determine an award
  245  of reasonable attorney fees or costs.
  246         (d) This subsection does not apply to moratoria imposed or
  247  enforced to address stormwater or flood water management, to
  248  address the supply of potable water, or due to the necessary
  249  repair of sanitary sewer systems, if such moratoria apply
  250  equally to all types of multifamily or mixed-use residential
  251  development.
  252         Section 3. Effective upon becoming a law, paragraph (k) of
  253  subsection (7) of section 166.04151, Florida Statutes, is
  254  amended to read:
  255         166.04151 Affordable housing.—
  256         (7)
  257         (k) This subsection does not apply to:
  258         1. Airport-impacted areas as provided in s. 333.03.
  259         2. Property defined as recreational and commercial working
  260  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
  261         3. The Wekiva Study Area, as described in s. 369.316.
  262         4. The Everglades Protection Area, as defined in s.
  263  373.4592(2).
  264         Section 4. Present paragraphs (k) and (l) of subsection (7)
  265  of section 166.04151, Florida Statutes, as amended by this act,
  266  are redesignated as paragraphs (l) and (p), respectively,
  267  present subsection (8) of that section is redesignated as
  268  subsection (9), a new paragraph (k) and paragraphs (m), (n), and
  269  (o) are added to subsection (7) of that section, a new
  270  subsection (8) and subsection (10) are added to that section,
  271  and paragraphs (a) through (f) of subsection (7) of that section
  272  are amended, to read:
  273         166.04151 Affordable housing.—
  274         (7)(a) A municipality must authorize multifamily and mixed
  275  use residential as allowable uses in any area zoned for
  276  commercial, industrial, or mixed use, and in portions of any
  277  flexibly zoned area such as a planned unit development permitted
  278  for commercial, industrial, or mixed use, if at least 40 percent
  279  of the residential units in a proposed multifamily development
  280  are rental units that, for a period of at least 30 years, are
  281  affordable as defined in s. 420.0004. Notwithstanding any other
  282  law, local ordinance, or regulation to the contrary, a
  283  municipality may not require a proposed multifamily development
  284  to obtain a zoning or land use change, special exception,
  285  conditional use approval, variance, transfer of density or
  286  development units, amendment to a development of regional
  287  impact, or comprehensive plan amendment for the building height,
  288  zoning, and densities authorized under this subsection. For
  289  mixed-use residential projects, at least 65 percent of the total
  290  square footage must be used for residential purposes. The
  291  municipality may not require that more than 10 percent of the
  292  total square footage of such mixed-use residential projects be
  293  used for nonresidential purposes.
  294         (b) A municipality may not restrict the density of a
  295  proposed development authorized under this subsection below the
  296  highest currently allowed, or allowed on July 1, 2023, density
  297  on any land in the municipality where residential development is
  298  allowed under the municipality’s land development regulations.
  299  For purposes of this paragraph, the term “highest currently
  300  allowed density” does not include the density of any building
  301  that met the requirements of this subsection or the density of
  302  any building that has received any bonus, variance, or other
  303  special exception for density provided in the municipality’s
  304  land development regulations as an incentive for development.
  305         (c) A municipality may not restrict the floor area ratio of
  306  a proposed development authorized under this subsection below
  307  150 percent of the highest currently allowed, or allowed on July
  308  1, 2023, floor area ratio on any land in the municipality where
  309  development is allowed under the municipality’s land development
  310  regulations. For purposes of this paragraph, the term “highest
  311  currently allowed floor area ratio” does not include the floor
  312  area ratio of any building that met the requirements of this
  313  subsection or the floor area ratio of any building that has
  314  received any bonus, variance, or other special exception for
  315  floor area ratio provided in the municipality’s land development
  316  regulations as an incentive for development. For purposes of
  317  this subsection, the term “floor area ratio” includes floor lot
  318  ratio.
  319         (d)1. A municipality may not restrict the height of a
  320  proposed development authorized under this subsection below the
  321  highest currently allowed, or allowed on July 1, 2023, height
  322  for a commercial or residential building located in its
  323  jurisdiction within 1 mile of the proposed development or 3
  324  stories, whichever is higher. For purposes of this paragraph,
  325  the term “highest currently allowed height” does not include the
  326  height of any building that met the requirements of this
  327  subsection or the height of any building that has received any
  328  bonus, variance, or other special exception for height provided
  329  in the municipality’s land development regulations as an
  330  incentive for development.
  331         2. If the proposed development is adjacent to, on two or
  332  more sides, a parcel zoned for single-family residential use
  333  that is within a single-family residential development with at
  334  least 25 contiguous single-family homes, the municipality may
  335  restrict the height of the proposed development to 150 percent
  336  of the tallest building on any property adjacent to the proposed
  337  development, the highest currently allowed, or allowed on July
  338  1, 2023, height for the property provided in the municipality’s
  339  land development regulations, or 3 stories, whichever is higher,
  340  not to exceed 10 stories. For the purposes of this paragraph,
  341  the term “adjacent to” means those properties sharing more than
  342  one point of a property line, but does not include properties
  343  separated by a public road or body of water, including manmade
  344  lakes or ponds. For a proposed development located within a
  345  municipality within an area of critical state concern as
  346  designated by s. 380.0552 or chapter 28-36, Florida
  347  Administrative Code, the term “story” includes only the
  348  habitable space above the base flood elevation as designated by
  349  the Federal Emergency Management Agency in the most current
  350  Flood Insurance Rate Map. A story may not exceed 10 feet in
  351  height measured from finished floor to finished floor, including
  352  space for mechanical equipment. The highest story may not exceed
  353  10 feet from finished floor to the top plate.
  354         (e) A proposed development authorized under this subsection
  355  must be administratively approved without and no further action
  356  by the governing body of the municipality or any quasi-judicial
  357  or administrative board or reviewing body is required if the
  358  development satisfies the municipality’s land development
  359  regulations for multifamily developments in areas zoned for such
  360  use and is otherwise consistent with the comprehensive plan,
  361  with the exception of provisions establishing allowable
  362  densities, floor area ratios, height, and land use. Such land
  363  development regulations include, but are not limited to,
  364  regulations relating to setbacks and parking requirements. A
  365  proposed development located within one-quarter mile of a
  366  military installation identified in s. 163.3175(2) may not be
  367  administratively approved. Each municipality shall maintain on
  368  its website a policy containing procedures and expectations for
  369  administrative approval pursuant to this subsection. For the
  370  purposes of this paragraph, the term “allowable density” means
  371  the density prescribed for the property without additional
  372  requirements to procure and transfer density units or
  373  development units from other properties.
  374         (f)1. A municipality must, upon request of an applicant,
  375  reduce consider reducing parking requirements for a proposed
  376  development authorized under this subsection by 10 percent if
  377  the development:
  378         a. Is located within one-quarter mile of a transit stop, as
  379  defined in the municipality’s land development code, and the
  380  transit stop is accessible from the development;.
  381         2. A municipality must reduce parking requirements by at
  382  least 20 percent for a proposed development authorized under
  383  this subsection if the development:
  384         b.a. Is located within one-half mile of a major
  385  transportation hub that is accessible from the proposed
  386  development by safe, pedestrian-friendly means, such as
  387  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  388  other multimodal design features; or.
  389         c.b. Has available parking within 600 feet of the proposed
  390  development which may consist of options such as on-street
  391  parking, parking lots, or parking garages available for use by
  392  residents of the proposed development. However, a municipality
  393  may not require that the available parking compensate for the
  394  reduction in parking requirements.
  395         2.3. A municipality must eliminate parking requirements for
  396  a proposed mixed-use residential development authorized under
  397  this subsection within an area recognized by the municipality as
  398  a transit-oriented development or area, as provided in paragraph
  399  (h).
  400         3.4. For purposes of this paragraph, the term “major
  401  transportation hub” means any transit station, whether bus,
  402  train, or light rail, which is served by public transit with a
  403  mix of other transportation options.
  404         (k) Notwithstanding any other law or local ordinance or
  405  regulation to the contrary, a municipality may allow an adjacent
  406  parcel of land to be included within a proposed multifamily
  407  development authorized under this subsection.
  408         (m) The court shall give any civil action filed against a
  409  municipality for a violation of this subsection priority over
  410  other pending cases and render a preliminary or final decision
  411  as expeditiously as possible.
  412         (n) If a civil action is filed against a municipality for a
  413  violation of this subsection, the court must assess and award
  414  reasonable attorney fees and costs to the prevailing party. An
  415  award of reasonable attorney fees or costs pursuant to this
  416  subsection may not exceed $200,000. In addition, a prevailing
  417  party may not recover any attorney fees or costs directly
  418  incurred by or associated with litigation to determine an award
  419  of reasonable attorney fees or costs.
  420         (o) As used in this subsection, the term:
  421         1. “Commercial use” means activities associated with the
  422  sale, rental, or distribution of products or the performance of
  423  services related thereto. The term includes, but is not limited
  424  to, such uses or activities as retail sales; wholesale sales;
  425  rentals of equipment, goods, or products; offices; restaurants;
  426  public lodging establishments as described in s. 509.242(1)(a);
  427  food service vendors; sports arenas; theaters; tourist
  428  attractions; and other for-profit business activities. A parcel
  429  zoned to permit such uses by right without the requirement to
  430  obtain a variance or waiver is considered commercial use for the
  431  purposes of this section, irrespective of the local land
  432  development regulation’s listed category or title. The term does
  433  not include home-based businesses or cottage food operations
  434  undertaken on residential property, public lodging
  435  establishments as described in s. 509.242(1)(c), or uses that
  436  are accessory, ancillary, incidental to the allowable uses, or
  437  allowed only on a temporary basis.
  438         2. “Industrial use” means activities associated with the
  439  manufacture, assembly, processing, or storage of products or the
  440  performance of services related thereto. The term includes, but
  441  is not limited to, such uses or activities as automobile
  442  manufacturing or repair, boat manufacturing or repair, junk
  443  yards, meat packing facilities, citrus processing and packing
  444  facilities, produce processing and packing facilities,
  445  electrical generating plants, water treatment plants, sewage
  446  treatment plants, and solid waste disposal sites. A parcel zoned
  447  to permit such uses by right without the requirement to obtain a
  448  variance or waiver is considered industrial use for the purposes
  449  of this section, irrespective of the local land development
  450  regulation’s listed category or title. The term does not include
  451  uses that are accessory, ancillary, incidental to the allowable
  452  uses, or allowed only on a temporary basis.
  453         3. “Mixed-use” means any use that combines multiple types
  454  of approved land uses from at least two of the residential use,
  455  commercial use, and industrial use categories. The term does not
  456  include uses that are accessory, ancillary, incidental to the
  457  allowable uses, or allowed only on a temporary basis.
  458         4. “Planned unit development” has the same meaning as
  459  provided in s. 163.3202(5)(b).
  460         (8)(a)A proposed development on a parcel of land primarily
  461  developed and maintained as a golf course, a tennis court, or a
  462  swimming pool, regardless of the zoning category assigned to
  463  such parcel, may use the approval process provided in subsection
  464  (7).
  465         (b) If the proposed development is on a parcel that is
  466  adjacent to, on two or more sides, a parcel zoned for single
  467  family residential use, the municipality may restrict the height
  468  of the proposed development to 150 percent of the tallest
  469  residential building on any property adjacent to the proposed
  470  development, the highest currently allowed, or allowed on July
  471  1, 2023, height for the property provided in the municipality’s
  472  land development regulations, or 3 stories, whichever is higher.
  473  For the purposes of this paragraph, the term “adjacent to” means
  474  those properties sharing more than one point of a property line,
  475  but does not include properties separated by a public road or
  476  body of water, including manmade lakes or ponds.
  477         (10)(a) Except as provided in paragraphs (b) and (d), a
  478  municipality may not enforce a building moratorium that has the
  479  effect of delaying the permitting or construction of a
  480  multifamily residential or mixed-use residential development
  481  authorized under subsection (7).
  482         (b) A municipality may, by ordinance, impose or enforce
  483  such a building moratorium for no more than 90 days in any 3
  484  year period. Before adoption of such a building moratorium, the
  485  municipality shall prepare or cause to be prepared an assessment
  486  of the municipality’s need for affordable housing at the
  487  extremely-low-income, very-low-income, low-income, or moderate
  488  income limits specified in s. 420.0004, including projections of
  489  such need for the next 5 years. This assessment must be posted
  490  on the municipality’s website by the date the notice of proposed
  491  enactment is published and must be presented at the same public
  492  meeting at which the proposed ordinance imposing the building
  493  moratorium is adopted by the governing body of the municipality.
  494  This assessment must be included in the business impact estimate
  495  for the ordinance imposing such a moratorium required by s.
  496  166.041(4).
  497         (c) If a civil action is filed against a municipality for a
  498  violation of this subsection, the court must assess and award
  499  reasonable attorney fees and costs to the prevailing party. An
  500  award of reasonable attorney fees or costs pursuant to this
  501  subsection may not exceed $200,000. In addition, a prevailing
  502  party may not recover any attorney fees or costs directly
  503  incurred by or associated with litigation to determine an award
  504  of reasonable attorney fees or costs.
  505         (d) This subsection does not apply to moratoria imposed or
  506  enforced to address stormwater or flood water management, to
  507  address the supply of potable water, or due to the necessary
  508  repair of sanitary sewer systems, if such moratoria apply
  509  equally to all types of multifamily or mixed-use residential
  510  development.
  511         Section 5. An applicant for a proposed development
  512  authorized under s. 125.01055(7), Florida Statutes, or s.
  513  166.04151(7), Florida Statutes, who submitted an application, a
  514  written request, or a notice of intent to use such provisions to
  515  the county or municipality and which application, written
  516  request, or notice of intent has been received by the county or
  517  municipality, as applicable, before July 1, 2025, may notify the
  518  county or municipality by July 1, 2025, of its intent to proceed
  519  under the provisions of s. 125.01055(7), Florida Statutes, or s.
  520  166.04151(7), Florida Statutes, as they existed at the time of
  521  submittal. A county or municipality, as applicable, shall allow
  522  an applicant who submitted such application, written request, or
  523  notice of intent before July 1, 2025, the opportunity to submit
  524  a revised application, written request, or notice of intent to
  525  account for the changes made by this act.
  526         Section 6. Paragraph (a) of subsection (9) of section
  527  380.0552, Florida Statutes, is amended to read:
  528         380.0552 Florida Keys Area; protection and designation as
  529  area of critical state concern.—
  530         (9) MODIFICATION TO PLANS AND REGULATIONS.—
  531         (a) Any land development regulation or element of a local
  532  comprehensive plan in the Florida Keys Area may be enacted,
  533  amended, or rescinded by a local government, but the enactment,
  534  amendment, or rescission becomes effective only upon approval by
  535  the state land planning agency. The state land planning agency
  536  shall review the proposed change to determine if it is in
  537  compliance with the principles for guiding development specified
  538  in chapter 27F-8, Florida Administrative Code, as amended
  539  effective August 23, 1984, and must approve or reject the
  540  requested changes within 60 days after receipt. Amendments to
  541  local comprehensive plans in the Florida Keys Area must also be
  542  reviewed for compliance with the following:
  543         1. Construction schedules and detailed capital financing
  544  plans for wastewater management improvements in the annually
  545  adopted capital improvements element, and standards for the
  546  construction of wastewater treatment and disposal facilities or
  547  collection systems that meet or exceed the criteria in s.
  548  403.086(11) for wastewater treatment and disposal facilities or
  549  s. 381.0065(4)(l) for onsite sewage treatment and disposal
  550  systems.
  551         2. Goals, objectives, and policies to protect public safety
  552  and welfare in the event of a natural disaster by maintaining a
  553  hurricane evacuation clearance time for permanent residents of
  554  no more than 26 24 hours. The hurricane evacuation clearance
  555  time shall be determined by a hurricane evacuation study
  556  conducted in accordance with a professionally accepted
  557  methodology and approved by the state land planning agency. For
  558  purposes of hurricane evacuation clearance time:
  559         a. Mobile home residents are not considered permanent
  560  residents.
  561         b. The City of Key West Area of Critical State Concern
  562  established by chapter 28-36, Florida Administrative Code, shall
  563  be included in the hurricane evacuation study and is subject to
  564  the evacuation requirements of this subsection.
  565         Section 7. It is the intent of the Legislature that the
  566  amendment made by this act to s. 380.0552, Florida Statutes,
  567  will accommodate the building of additional developments within
  568  the Florida Keys to ameliorate the acute affordable housing and
  569  building permit allocation shortage. The Legislature also
  570  intends that local governments subject to the hurricane
  571  evacuation clearance time restrictions on residential buildings
  572  manage growth with a heightened focus on long-term stability and
  573  affordable housing for the local workforce.
  574         Section 8. Section 420.5098, Florida Statutes, is created
  575  to read:
  576         420.5098 Public sector and hospital employer-sponsored
  577  housing policy.—
  578         (1) The Legislature finds that it is in the best interests
  579  of the state and the state’s economy to provide affordable
  580  housing to state residents employed by hospitals, health care
  581  facilities, and governmental entities in order to attract and
  582  maintain the highest quality labor by incentivizing such
  583  employers to sponsor affordable housing opportunities. Section
  584  42(g)(9)(B) of the Internal Revenue Code provides that a
  585  qualified low-income housing project does not fail to meet the
  586  general public use requirement solely because of occupancy
  587  restrictions or preferences that favor tenants who are members
  588  of a specified group under a state program or policy that
  589  supports housing for such specified group. Therefore, it is the
  590  intent of the Legislature to establish a policy that supports
  591  the development of affordable workforce housing for employees of
  592  hospitals, health care facilities, and governmental entities.
  593         (2) For purposes of this section, the term:
  594         (a) “Governmental entity” means any state, regional,
  595  county, local, or municipal governmental entity of this state,
  596  whether executive, judicial, or legislative; any department,
  597  division, bureau, commission, authority, or political
  598  subdivision of the state; any public school, state university,
  599  or Florida College System institution; or any special district
  600  as defined in s. 189.012.
  601         (b) “Health care facility” has the same meaning as provided
  602  in s. 159.27(16).
  603         (c) “Hospital” means a hospital under chapter 155, a
  604  hospital district created pursuant to chapter 189, or a hospital
  605  licensed pursuant to chapter 395, including corporations not for
  606  profit that are qualified as charitable under s. 501(c)(3) of
  607  the Internal Revenue Code and for-profit entities.
  608         (3) It is the policy of the state to support housing for
  609  employees of hospitals, health care facilities, and governmental
  610  entities and to allow developers in receipt of federal low
  611  income housing tax credits allocated pursuant to s. 420.5099,
  612  local or state funds, or other sources of funding available to
  613  finance the development of affordable housing to create a
  614  preference for housing for such employees. Such preference must
  615  conform to the requirements of s. 42(g)(9) of the Internal
  616  Revenue Code.
  617         Section 9. Section 760.26, Florida Statutes, is amended to
  618  read:
  619         760.26 Prohibited discrimination in land use decisions and
  620  in permitting of development.—It is unlawful to discriminate in
  621  land use decisions or in the permitting of development based on
  622  race, color, national origin, sex, disability, familial status,
  623  religion, or, except as otherwise provided by law, the source of
  624  financing of a development or proposed development or the nature
  625  of a development or proposed development as affordable housing.
  626         Section 10. Except as otherwise expressly provided in this
  627  act and except for this section, which shall take effect upon
  628  becoming a law, this act shall take effect July 1, 2025.
  629  
  630  ================= T I T L E  A M E N D M E N T ================
  631  And the title is amended as follows:
  632         Delete everything before the enacting clause
  633  and insert:
  634                        A bill to be entitled                      
  635         An act relating to affordable housing; amending ss.
  636         125.01055 and 166.04151, F.S.; revising applicability;
  637         requiring counties and municipalities, respectively,
  638         to authorize multifamily and mixed-use residential as
  639         allowable uses in portions of flexibly zoned areas
  640         under certain circumstances; prohibiting counties and
  641         municipalities from imposing certain requirements on
  642         proposed multifamily developments; prohibiting
  643         counties and municipalities from requiring that more
  644         than a specified percentage of a mixed-use residential
  645         project be used for certain purposes; revising the
  646         density, floor area ratio, or height below which
  647         counties and municipalities may not restrict certain
  648         developments; defining the term “story” for a proposed
  649         development located within a municipality within a
  650         certain area of critical state concern; requiring the
  651         administrative approval of certain proposed
  652         developments without further action by a quasi
  653         judicial or administrative board or reviewing body
  654         under certain circumstances; requiring counties and
  655         municipalities to reduce parking requirements by a
  656         specified percentage for certain proposed developments
  657         under certain circumstances; requiring counties and
  658         municipalities to allow adjacent parcels of land to be
  659         included within certain proposed developments;
  660         requiring a court to give priority to and render
  661         expeditious decisions in certain civil actions;
  662         requiring a court to award reasonable attorney fees
  663         and costs to a prevailing party in certain civil
  664         actions; providing that such attorney fees or costs
  665         may not exceed a specified dollar amount; prohibiting
  666         the prevailing party from recovering certain other
  667         fees or costs; defining terms; authorizing the use of
  668         a specified approval process for a proposed
  669         development on a parcel of land primarily developed
  670         and maintained for specified facilities; authorizing
  671         counties and municipalities to restrict the height of
  672         such proposed developments under certain
  673         circumstances; prohibiting counties and municipalities
  674         from imposing certain building moratoriums; providing
  675         an exception, subject to certain requirements;
  676         providing applicability; authorizing applicants for
  677         certain proposed developments to notify the county or
  678         municipality, as applicable, by a specified date of
  679         its intent to proceed under certain provisions;
  680         requiring counties and municipalities to allow certain
  681         applicants to submit revised applications, written
  682         requests, and notices of intent to account for changes
  683         made by the act; amending s. 380.0552, F.S.; revising
  684         the maximum hurricane evacuation clearance time for
  685         permanent residents, which time is an element for
  686         which amendments to local comprehensive plans in the
  687         Florida Keys Area must be reviewed for compliance;
  688         providing legislative intent; creating s. 420.5098,
  689         F.S.; providing legislative findings and intent;
  690         defining terms; providing that it is the policy of the
  691         state to support housing for certain employees and to
  692         permit developers in receipt of certain tax credits
  693         and funds to create a specified preference for housing
  694         certain employees; requiring that such preference
  695         conform to certain requirements; amending s. 760.26,
  696         F.S.; providing that it is unlawful to discriminate in
  697         land use decisions or in the permitting of development
  698         based on the specified nature of a development or
  699         proposed development; providing effective dates.