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.