Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for SB 208
Ì705478NÎ705478
LEGISLATIVE ACTION
Senate . House
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The Committee on Rules (McClain) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 53 - 101
4 and insert:
5 Section 3. Paragraph (j) is added to subsection (2) of
6 section 163.31777, Florida Statutes, to read:
7 163.31777 Public schools interlocal agreement.—
8 (2) At a minimum, the interlocal agreement must address the
9 following issues:
10 (j) Reasonable access, where available, to public easements
11 and public rights-of-way which may be necessary for the siting,
12 construction, expansion, or improvement of public school
13 facilities, including charter schools, consistent with adopted
14 level-of-service standards, school concurrency requirements, and
15 applicable public facilities planning requirements.
16 Section 4. Subsection (7) is added to section 163.3194,
17 Florida Statutes, to read:
18 163.3194 Legal status of comprehensive plan.—
19 (7)(a) Local government comprehensive plans and land
20 development regulations must include factors for assessing the
21 compatibility of allowable residential uses within a residential
22 zoning district and future land use category. Such factors may
23 include intensity, density, scale, building size, mass, bulk,
24 height and orientation, lot coverage, lot size and
25 configuration, architectural style, permeability, screening,
26 buffers, setbacks, stepbacks, transitional areas, signage,
27 traffic and pedestrian circulation and access, and operational
28 impacts, such as noise, odor, and lighting.
29 (b) Land development regulations must incorporate objective
30 design standards or other measures for mitigating or minimizing
31 potential incompatibility.
32 (c)1. Before recommending denial of an application for
33 rezoning, subdivision, or site plan approval on compatibility
34 grounds, local government staff must identify with specificity
35 each area of incompatibility and may recommend mitigation
36 measures to the applicant.
37 2. If the applicant has proposed mitigation measures, the
38 local government may not deny an application on compatibility
39 grounds unless the denial includes written findings stating that
40 the proposed mitigation measures are inadequate and that no
41 feasible mitigation measures exist.
42 3. A denial of an application on compatibility grounds must
43 specify with particularity the area or areas of incompatibility,
44 including applicable standards and an explanation of any
45 mitigation measures considered and declined by the applicant, or
46 the basis for determining that no feasible mitigation measures
47 exist. References to “community character” or “neighborhood
48 feel” are not sufficient in and of themselves to support a
49 denial of an application on compatibility grounds.
50 4. A local government’s approval of an application may
51 include requirements or conditions to mitigate or minimize
52 compatibility concerns.
53 (d) This subsection does not apply to any of the following:
54 1. Compatibility between uses in different future land use
55 categories, including rural, agricultural, conservation, open
56 space, mixed-use, industrial, or commercial use.
57 2. Applications for development within planned unit
58 developments or master planned communities.
59 3. Applications for development within historic districts
60 designated before January 1, 2026.
61 (e) This section does not require approval of an
62 application that is otherwise inconsistent with the applicable
63 local government comprehensive plan or land development
64 regulations.
65 Section 5. Section 553.382, Florida Statutes, is amended to
66 read:
67 553.382 Placement of certain housing.—Notwithstanding any
68 other law or ordinance to the contrary, in order to expand the
69 availability of affordable housing in this state, any
70 residential manufactured building that is certified under this
71 chapter by the department may be placed on a mobile home lot in
72 a mobile home park, recreational vehicle park, or mobile home
73 condominium, cooperative, or subdivision or on any lot in a
74 recreational vehicle park. Any such housing unit placed on a
75 mobile home lot is a mobile home for purposes of chapter 723
76 and, therefore, all rights, obligations, and duties under
77 chapter 723 apply, including the specifics of the prospectus.
78 However, a housing unit subject to this section may not be
79 placed on a mobile home lot without the prior written approval
80 of the park owner. Each housing unit subject to this section
81 which is placed on a mobile home lot shall be taxed as a mobile
82 home under s. 320.08(11) and is subject to payments to the
83 Florida Mobile Home Relocation Fund under s. 723.06116.
84 Section 6. Section 553.385, Florida Statutes, is created to
85 read:
86 553.385 Zoning of offsite constructed residential
87 dwellings; parity.—
88 (1) As used in this section, the term:
89 (a) “Local government” means a county or municipality.
90 (b) “Offsite constructed residential dwelling” means a
91 manufactured building as defined in s. 553.36 which is intended
92 for single-family residential use, or a manufactured home as
93 defined in s. 320.01(2)(b), which is constructed in whole or in
94 part offsite and is treated as real property.
95 (2)(a) An offsite constructed residential dwelling must be
96 permitted as of right in any zoning district where single-family
97 detached dwellings are allowed.
98 (b) A local government may not adopt or enforce any zoning,
99 land use, or development regulation that treats an offsite
100 constructed residential dwelling differently or more
101 restrictively than a single-family site-built dwelling allowed
102 in the same district.
103 (c) This section does not prohibit a local government from
104 applying generally applicable architectural, aesthetic, design,
105 setback, height, or bulk standards to offsite constructed
106 residential dwellings, provided such standards apply equally to
107 site-built single-family dwellings permitted in the same
108 district. A local government may adopt compatibility standards
109 that are limited to the following architectural features:
110 1. Roof pitch.
111 2. Square footage of livable space.
112 3. Type and quality of exterior finishing materials.
113 4. Foundation enclosure.
114 5. Existence and type of attached structures.
115 6. Building setbacks, lot dimensions, and the orientation
116 of the home on the lot.
117 (d) A local government may not treat offsite constructed
118 residential dwellings differently than factory-built buildings
119 subject to s. 553.38 based on the method or location of
120 construction.
121 (3) A local government may not adopt or enforce any zoning,
122 land use, or development ordinance or regulation that conflicts
123 with this section or s. 553.38 or that imposes different or more
124 restrictive treatment on an offsite constructed residential
125 dwelling based on its method of construction or the presence of
126 components built off site. Local government ordinances and
127 regulations may not have the effect of excluding offsite
128 constructed residential dwellings and must be reasonable and
129 uniformly enforced without any distinction as to the type of
130 housing. Any such ordinance or regulation is void and
131 unenforceable as applied to offsite constructed residential
132 dwellings.
133 Section 7. (1) The Office of Program Policy Analysis and
134 Government Accountability (OPPAGA) shall conduct a study to
135 identify the effects of removing the Urban Development Boundary
136 (UDB) and other similar boundaries in Miami-Dade County and
137 other counties.
138 (2) The study must:
139 (a) Address whether counties may control growth through
140 other zoning and land use designations.
141 (b) Include an analysis of the economic benefits related to
142 the cost of land and housing.
143 (c) Analyze whether local counties have the ability to
144 protect the environment and water quality without having a UDB
145 or similar boundary within their respective jurisdictions.
146 (3) By December 1, 2026, OPPAGA shall submit the results of
147 the study to the President of the Senate and the Speaker of the
148 House of Representatives.
149
150 ================= T I T L E A M E N D M E N T ================
151 And the title is amended as follows:
152 Delete lines 9 - 26
153 and insert:
154 valuations; amending s. 163.31777, F.S.; requiring
155 that certain interlocal agreements between school
156 boards and local governments address reasonable access
157 to certain public easements and public rights-of-way;
158 amending s. 163.3194, F.S.; requiring that local
159 government comprehensive plans and land development
160 regulations include factors for assessing the
161 compatibility of certain residential uses; requiring
162 that land development regulations incorporate certain
163 objective design standards or other measures for
164 mitigating or minimizing potential incompatibility;
165 requiring local government staff to meet certain
166 requirements before recommending denial of certain
167 applications on compatibility grounds; prohibiting a
168 local government from denying certain applications on
169 compatibility grounds if the applicant has proposed
170 certain measures; providing an exception; requiring
171 that the denial of an application specify certain
172 information; providing that a local government’s
173 approval of an application may include certain
174 requirements or conditions; providing applicability;
175 amending s. 553.382, F.S.; authorizing the placement
176 of certain residential manufactured buildings on any
177 lot in a recreational vehicle park; creating s.
178 553.385, F.S.; defining the terms “local government”
179 and “offsite constructed residential dwelling”;
180 requiring that an offsite constructed residential
181 dwelling be permitted as of right in certain zoning
182 districts; prohibiting a local government from
183 adopting or enforcing certain regulations; providing
184 construction; authorizing a local government to adopt
185 compatibility standards that are limited to certain
186 architectural features; prohibiting a local government
187 from treating offsite constructed residential
188 dwellings differently than factory-built buildings
189 based on certain circumstances; prohibiting a local
190 government from adopting or enforcing certain zoning,
191 land use, or development ordinances and regulations;
192 prohibiting local government ordinances and
193 regulations from having certain effects; providing
194 that certain local government ordinances and
195 regulations are void and unenforceable to a specified
196 extent; requiring the Office of Program Policy
197 Analysis and Government Accountability (OPPAGA) to
198 conduct a study to identify the effects of removing
199 certain boundaries; providing requirements for the
200 study; requiring OPPAGA to submit the results of the
201 study to the Legislature by a specified date;
202 providing an