Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 948
Ì4864269Î486426
LEGISLATIVE ACTION
Senate . House
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The Committee on Community Affairs (McClain) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (10) is added to section 125.022,
6 Florida Statutes, to read:
7 125.022 Development permits and orders.—
8 (10) Subsections (2), (3), and (4) do not apply to an
9 application for approval of a development permit or development
10 order for a residential lot as defined in s. 163.3254(3). For
11 such applications, the county shall follow the application
12 procedures established in s. 163.3254(7).
13 Section 2. Subsection (10) is added to section 166.033,
14 Florida Statutes, to read:
15 166.033 Development permits and orders.—
16 (10) Subsections (2), (3), and (4) do not apply to an
17 application for approval of a development permit or development
18 order for a residential lot as defined in s. 163.3254(3). For
19 such applications, the municipality shall follow the application
20 procedures established in s. 163.3254(7).
21 Section 3. Section 163.3254, Florida Statutes, is created
22 to read:
23 163.3254 Florida Starter Homes Act.—The Florida Starter
24 Homes Act is created to make home ownership, renting, and
25 leasing more affordable for the residents of this state by
26 increasing the supply of housing for the residents of this
27 state.
28 (1) This section may be cited as the “Florida Starter Homes
29 Act.”
30 (2) The Legislature finds that:
31 (a) The median price of homes in this state has increased
32 steadily in the decade preceding 2026, rising at a greater rate
33 of increase than the median income in this state.
34 (b) There is a housing shortage in this state which
35 constitutes a threat to the health, safety, and welfare of the
36 residents of this state, and this shortage has caused the costs
37 of home ownership, renting, and leasing to often exceed an
38 amount that is affordable for residents of this state.
39 (c) The housing shortage is caused, to a significant
40 extent, by regulations governing residential lots which have
41 been imposed by local governments without a compelling
42 governmental interest. Such regulations substantially burden the
43 basic right under the State Constitution to acquire, possess,
44 and protect property.
45 (d) Single-family detached homes, single-family attached
46 homes, townhouses, duplexes, triplexes, and quadruplexes are
47 affordable starter homes for residents of this state to own,
48 rent, or lease.
49 (e) Regulations governing residential lots which have been
50 imposed by local governments do not encourage a high degree of
51 flexibility relating to residential development, and such
52 regulations prevent the development of starter homes on
53 residential lots smaller in size, due, in part, to minimum lot
54 size requirements and restrictions on the types of dwellings
55 allowed to be constructed on residential lots.
56 (f) The important public purpose sought to be achieved by
57 allowing starter homes on residential lots that are smaller in
58 size is to increase the supply of housing, which will make home
59 ownership, renting, and leasing more affordable for the
60 residents of this state.
61 (3) For purposes of this section, the term:
62 (a) “Business day” means all calendar days except
63 Saturdays, Sundays, and holidays under s. 110.117(1).
64 (b) “By right” means administrative approval as a matter of
65 right by a local government of a development application that
66 objectively complies with applicable zoning regulations and for
67 which the local government may not impose a public hearing; any
68 action by a governing body, reviewing body, or quasi-judicial
69 body; a variance; a conditional use permit, special permit, or
70 special exception; or any other discretionary regulation.
71 (c) “Compelling governmental interest” means a governmental
72 interest of the highest order which cannot be achieved through
73 less restrictive means. A compelling governmental interest must
74 have a real and substantial connection to protecting public
75 safety, health, or reasonable enjoyments and expectations of
76 property, such as requiring the structural integrity, safe
77 plumbing, or safe electricity of buildings, or preventing or
78 abating nuisances.
79 (d) “Development” has the same meaning as in s. 380.04.
80 (e) “Development application” means an application for
81 approval of any of the following:
82 1. A lot split or subdivision.
83 2. A plat or replat.
84 3. A development bonus for additional height, density, or
85 floor area ratio.
86 4. The demolition of an existing structure, if the
87 demolition objectively complies with applicable regulations.
88 5. Any other development order or development permit as
89 those terms are defined in s. 163.3164, except for building
90 permits.
91 (f) “Dwelling unit” means a single unit formed by one or
92 more rooms within a dwelling which is used, or is designed to be
93 used, as a home, residence, or sleeping place for at least one
94 person.
95 (g) “Impose” means request or adopt, enact, establish,
96 maintain, enforce, mandate, compel, force, or otherwise require.
97 (h) “Local government” means any county, municipality, or
98 special district.
99 (i) “Lot” means a parcel, tract, tier, block, site, unit,
100 or any other division of land.
101 (j) “Lot split” means the division of a parent parcel into
102 no more than eight residential lots.
103 (k) “Nuisance” means persistent activity that injures the
104 physical condition or interferes with the use of adjacent land,
105 is injurious to health or safety, or objectively offends the
106 senses.
107 (l) “Objectively” means in a way that involves no personal
108 or subjective judgment by a public official and that is
109 uniformly verifiable by reference to an external and uniform
110 benchmark or criterion available and knowable by both the local
111 government and the development applicant, development proponent,
112 or property owner, as applicable.
113 (m) “Parent parcel” means the original lot from which
114 subsequent lots are created.
115 (n) “Public transit stop” means a stop or station used for
116 public purposes for transit services, including for a bus rapid
117 transit service, a bus system, a streetcar, a commuter rail
118 service as defined in s. 341.301, an intercity rail
119 transportation system as defined in s. 341.301, or a fixed
120 guideway transportation system as defined in s. 341.031(2). The
121 term does not include a stop or station for a people-mover
122 system in a public-use airport as defined in s. 332.004 or for
123 an intercity rail transportation system in a rural community as
124 defined in s. 288.0656(2).
125 (o) “Public water system” has the same meaning as in s.
126 403.852(2).
127 (p) “Regulation” means a comprehensive plan, a development
128 order, or a land development regulation as those terms are
129 defined in s. 163.3164 or any other local government ordinance,
130 resolution, policy, action, procedure, condition, guideline,
131 development agreement, or land development code.
132 (q) “Residential lot” means a lot that is zoned for
133 residential use or on which at least one type of starter home is
134 an existing or lawful use. The term does not include a lot that
135 is located within an area of critical state concern designated
136 pursuant to s. 380.05.
137 (r) “Sewerage system” has the same meaning as in s.
138 403.031. The term does not include an onsite sewage treatment
139 and disposal system as defined in s. 403.031.
140 (s) “Shared space” means a driveway, an alley, or a common
141 open space, such as a courtyard or pocket park.
142 (t) “Starter home” means a dwelling with one, two, three,
143 or four dwelling units. The term includes, but is not limited
144 to, single-family detached homes, single-family attached homes,
145 townhouses as defined in s. 481.203, duplexes, triplexes, and
146 quadruplexes, and the curtilage thereof.
147 (u) “Subdivision” means the division of a parent parcel
148 into nine or more residential lots. The term includes streets,
149 alleys, additions, and resubdivisions.
150 (4)(a)1. A local government may not impose a regulation
151 that governs residential lots unless such regulation is:
152 a. In furtherance of a compelling governmental interest;
153 and
154 b. The least restrictive means of furthering that
155 compelling governmental interest.
156 2. Subparagraph 1. does not apply to regulations that:
157 a. Prevent or abate a nuisance;
158 b. Enforce the terms of a license, a permit, or an
159 authorization;
160 c. Enforce any requirement imposed by federal law; or
161 d. Are the result of a final, nonappealable judicial
162 determination.
163 3. Any ambiguity in a regulation that governs residential
164 lots must be construed in favor of the basic rights to acquire,
165 possess, and protect property, including, but not limited to,
166 the right to approval by right of a development or development
167 application.
168 (b) If a residential lot is connected to a public water
169 system and a sewerage system, or will be connected to such
170 systems as part of a lot split plan or subdivision plan, a local
171 government may not impose a regulation that does any of the
172 following:
173 1. Requires a minimum lot size that is greater than 1,200
174 square feet for existing lots, lots created by a lot split, or
175 lots created by subdivision.
176 2. Prohibits, limits, or otherwise restricts the
177 development of a starter home.
178 3. Requires a minimum setback that is greater than: 0 feet
179 from the sides; 10 feet from the rear; or 20 feet from the
180 front, or 0 feet from the front if the lot fronts or abuts a
181 shared space.
182 4. Requires a minimum dimension of a lot, including its
183 width or depth, to exceed 20 feet if the lot meets the relevant
184 minimum lot size requirement.
185 5. Requires more than 30 percent of lot area to be reserved
186 for open space or permeable surface.
187 6. Requires a maximum building height of less than three
188 stories or 35 feet above grade or, if applicable, three stories
189 or 35 feet above the base flood elevation established by the
190 Federal Emergency Management Agency.
191 7. Requires a maximum floor area ratio of less than 3.
192 8. Requires the property owner to occupy the property.
193 9. Requires a minimum size for a starter home which is
194 greater than that required by the Florida Building Code.
195 10. Requires a maximum residential density, typically
196 measured in dwelling units per acre, which is more restrictive
197 than the requirements of this subsection.
198 (5)(a) Regulations imposed by a local government must allow
199 a residential lot to front or abut a shared space instead of a
200 public right-of-way.
201 (b) A local government may not impose a regulation that
202 requires a minimum number of parking spaces greater than one per
203 residential dwelling unit for residential lots that are 4,000
204 square feet or less, or any minimum number of parking spaces for
205 residential lots within a one-half mile radius of a public
206 transit stop that is open for public use on or after January 1,
207 2026.
208 (c) A local government may not impose a regulation that
209 prohibits, limits, or otherwise restricts lot splits or the
210 development of starter homes on a residential lot that contains
211 historic property as defined in s. 267.021, except for:
212 1. Regulations relating to building design elements which
213 may be applied pursuant to s. 163.3202(5)(a)1.; or
214 2. Regulations that prohibit, limit, or otherwise restrict
215 the demolition or alteration of a structure or building that is
216 individually listed in the National Register of Historic Places,
217 or that is a contributing structure or building within a
218 historic district which was listed in the National Register of
219 Historic Places before January 1, 2000.
220 (6) Local government regulations must include a process
221 through which an applicant may seek review and approval of a lot
222 split.
223 (a) A lot split must be approved by right if the lot split
224 objectively complies with the requirements of this section.
225 (b) Regulations imposed by a local government which
226 establish criteria for the application for, or approval of, a
227 lot split are limited to the following:
228 1. The requirement that an applicant provide the relevant
229 documentation and pay a fee for the cost of review of such
230 documentation. Any other fee imposed on the application for, or
231 approval of, a lot split is prohibited.
232 2. The requirement that lots created by the lot split
233 comply with applicable zoning regulations that govern the parent
234 parcel.
235 3. The requirement that the parent parcel was not created
236 by a lot split or subdivision during the previous 12 months.
237 (7)(a) A local government shall confirm receipt of a
238 development application for a residential lot within 5 business
239 days after receipt of the application using the contact
240 information provided by the applicant. Within 10 business days
241 after receiving the application, the local government shall
242 review the application for completeness and issue a written
243 notification to the applicant indicating that all required
244 information is submitted or specify in writing with
245 particularity any areas that are deficient. If the application
246 is deficient, the applicant has 60 business days to address the
247 deficiencies by submitting the required additional information.
248 (b) Within 5 business days after receipt of such additional
249 information, the local government shall issue a written
250 notification to the applicant indicating that all required
251 information is submitted or specify in writing with
252 particularity any areas that remain deficient. The local
253 government may request additional information up to three times
254 if necessary to address an initially identified area of
255 deficiency. However, the local government may not raise a new
256 area of deficiency in a subsequent request for additional
257 information unless the deficiency was caused by a material
258 change introduced by the applicant in the additional information
259 provided to the local government. Before making a third request
260 for additional information, the local government must offer the
261 applicant a meeting to discuss and resolve any outstanding areas
262 of deficiency. If the applicant believes that a request for
263 additional information is not authorized by law, the local
264 government, at the applicant’s request, must process the
265 application for approval or denial. If a local government deems
266 an application incomplete after making three requests for
267 additional information, the local government must process the
268 application for approval or denial.
269 (c) The local government shall approve the development
270 application by right within 20 business days after deeming the
271 application complete and may not impose any further action. Any
272 denial of the application must include written findings
273 supporting the local government’s decision.
274 (d) At any point during the timeframes specified in
275 paragraph (a) or paragraph (b), an applicant may request, and
276 the local government must grant, an extension of time for up to
277 60 business days. However, a local government may not impose an
278 extension of time or require an applicant to request an
279 extension of time.
280 (e) If a local government fails to:
281 1. Issue a written notification of completeness or written
282 specification of areas of deficiency within 10 business days
283 after receiving a development application;
284 2. Issue a written notification of completeness or written
285 specification of areas of deficiency within 5 days after
286 receiving additional information; or
287 3. Approve an application by right within 20 days after
288 deeming the application complete,
289
290 the application is deemed approved by right, and the local
291 government must issue written notification of approval by the
292 next business day and issue to the applicant a refund equal to
293 100 percent of the application fee.
294 (f) The timeframes contained in this subsection do not
295 supersede any other timeframes provided in state law which are
296 less restrictive than this subsection for property owners or
297 development, such as a shorter timeframe for a local government
298 to review documentation or to approve a development application.
299 (8)(a) A property owner or housing organization aggrieved
300 or adversely affected by a regulation imposed by a local
301 government in violation of this section may maintain a cause of
302 action for damages in the county in which the property is
303 located. As used in this paragraph, the term “housing
304 organization” means a trade or industry group that constructs or
305 manages housing units, a nonprofit organization that provides or
306 advocates for increased access or reduced barriers to housing,
307 or a nonprofit organization that is engaged in public policy
308 research, education, or outreach that includes housing-policy
309 related issues.
310 (b)1. In a proceeding under this subsection, an aggrieved
311 or adversely affected party is entitled to the summary procedure
312 provided in s. 51.011, and the court shall advance the cause on
313 the calendar. The court shall review the evidence de novo and
314 enter written findings of fact based on the preponderance of the
315 evidence that a local government has imposed a regulation in
316 violation of this section.
317 2. An aggrieved or adversely affected party shall prevail
318 in an action filed under this subsection unless the local
319 government demonstrates to the court by clear and convincing
320 evidence that the regulation is:
321 a. In furtherance of a compelling governmental interest;
322 and
323 b. The least restrictive means of furthering the compelling
324 governmental interest.
325 (c) The court may do any of the following:
326 1. Enter a declaratory judgment as is provided by chapter
327 86.
328 2. Issue a writ of mandamus.
329 3. Issue an injunction to prevent a violation of this
330 section.
331 4. Remand the matter to the land development regulation
332 commission for action consistent with the judgment.
333 (d) A prevailing plaintiff is entitled to recover
334 reasonable attorney fees and costs, including reasonable
335 appellate attorney fees and costs.
336 (9) This section waives sovereign immunity for any local
337 government to the extent liability is created in this section.
338 (10) This section does not prohibit, limit, or otherwise
339 restrict a condominium association, a homeowners’ association,
340 or a cooperative from adopting or approving governing documents,
341 or a property owner from establishing deed restrictions, if such
342 adoption, approval, or establishment is voluntary and not
343 imposed by a local government. If such adoption, approval, or
344 establishment is imposed by the local government, the governing
345 document or deed restriction, as applicable, is deemed a local
346 government regulation under this section and is void and
347 unenforceable to the extent that it conflicts with this section.
348 (11) This section applies retroactively to any local
349 government regulation that is contrary to this section or its
350 intent. This section is remedial and shall be liberally
351 construed to effectuate its intent. Any local government
352 regulation contrary to this section is void and unenforceable to
353 the extent that it conflicts with this section.
354 Section 4. Present subsection (17) of section 163.514,
355 Florida Statutes, is redesignated as subsection (18), and a new
356 subsection (17) is added to that section, to read:
357 163.514 Powers of neighborhood improvement districts.
358 Unless prohibited by ordinance, the board of any district shall
359 be empowered to:
360 (17) Plan, finance, or complete structural safety or
361 building compliance improvements, including improvements
362 required under state or local structural recertification
363 programs, if such improvements are approved by:
364 (a) A majority vote of the district’s residents; or
365 (b) An advisory council composed of residents of the
366 district, if such a council has been established by local
367 ordinance pursuant to s. 163.506.
368 Section 5. Subsection (6) is added to section 177.071,
369 Florida Statutes, to read:
370 177.071 Administrative approval of plats or replats by
371 designated county or municipal official.—
372 (6) Subsection (3) does not apply to a plat or a replat
373 under this part for a residential lot as defined in s.
374 163.3254(3). For such plats and replats, the administrative
375 authority shall follow the application procedures established in
376 s. 163.3254(7).
377 Section 6. Section 553.382, Florida Statutes, is amended to
378 read:
379 553.382 Placement of certain housing.—Notwithstanding any
380 other law or ordinance to the contrary, in order to expand the
381 availability of affordable housing in this state, any
382 residential manufactured building that is certified under this
383 chapter by the department may be placed on a mobile home lot in
384 a mobile home park, recreational vehicle park, or mobile home
385 condominium, cooperative, or subdivision or on any lot in a
386 recreational vehicle park. Any such housing unit placed on a
387 mobile home lot is a mobile home for purposes of chapter 723
388 and, therefore, all rights, obligations, and duties under
389 chapter 723 apply, including the specifics of the prospectus.
390 However, a housing unit subject to this section may not be
391 placed on a mobile home lot without the prior written approval
392 of the park owner. Each housing unit subject to this section
393 which is placed on a mobile home lot shall be taxed as a mobile
394 home under s. 320.08(11) and is subject to payments to the
395 Florida Mobile Home Relocation Fund under s. 723.06116.
396 Section 7. Section 553.385, Florida Statutes, is created to
397 read:
398 553.385 Zoning of off-site constructed residential
399 dwellings; parity.—
400 (1) As used in this section, the term:
401 (a) “Local government” means a county or municipality.
402 (b) “Off-site constructed residential dwelling” means a
403 manufactured building as defined in s. 553.36 which is intended
404 for single-family residential use, or a manufactured home as
405 defined in s. 320.01(2)(b), which is constructed in whole or in
406 part off-site and is treated as real property.
407 (2)(a) An off-site constructed residential dwelling must be
408 permitted as of right in any zoning district where single-family
409 detached dwellings are allowed.
410 (b) A local government may not adopt or enforce any zoning,
411 land use, or development regulation that treats an off-site
412 constructed residential dwelling differently or more
413 restrictively than a single-family site-built dwelling allowed
414 in the same district.
415 (c) This section does not prohibit a local government from
416 applying generally applicable architectural, aesthetic, design,
417 setback, height, or bulk standards to off-site constructed
418 residential dwellings, provided such standards apply equally to
419 site-built single-family dwellings permitted in the same
420 district. A local government may adopt compatibility standards
421 that are limited to the following architectural features:
422 1. Roof pitch.
423 2. Square footage of livable space.
424 3. Type and quality of exterior finishing materials.
425 4. Foundation enclosure.
426 5. Existence and type of attached structures.
427 6. Building setbacks, lot dimensions, and the orientation
428 of the home on the lot.
429 (d) A local government may not treat off-site constructed
430 residential dwellings differently than factory-built buildings
431 subject to s. 553.38 based on the method or location of
432 construction.
433 (3) A local government may not adopt or enforce any zoning,
434 land use, or development ordinance or regulation that conflicts
435 with this section or s. 553.38 or that imposes different or more
436 restrictive treatment on an off-site constructed residential
437 dwelling based on its method of construction or the presence of
438 components built off site. Local government ordinances and
439 regulations may not have the effect of excluding off-site
440 constructed residential dwellings and must be reasonable and
441 uniformly enforced without any distinction as to the type of
442 housing. Any such ordinance or regulation is void and
443 unenforceable as applied to off-site constructed residential
444 dwellings.
445 Section 8. This act shall take effect July 1, 2026.
446
447 ================= T I T L E A M E N D M E N T ================
448 And the title is amended as follows:
449 Delete everything before the enacting clause
450 and insert:
451 A bill to be entitled
452 An act relating to local government land development
453 regulations and orders; amending ss. 125.022 and
454 166.033, F.S.; providing applicability; requiring
455 counties and municipalities, respectively, to follow
456 certain application procedures for applications for
457 certain development permits and development orders;
458 creating s. 163.3254, F.S.; creating the “Florida
459 Starter Homes Act” for a specified purpose; providing
460 a short title; providing legislative findings;
461 defining terms; prohibiting local governments from
462 imposing regulations governing residential lots unless
463 such regulations meet specified requirements;
464 providing applicability; providing construction;
465 prohibiting local governments from imposing certain
466 regulations if a residential lot is connected to a
467 public water system and a sewerage system; requiring
468 that regulations imposed by a local government allow
469 residential lots to front or abut a shared space
470 instead of a public right-of-way; prohibiting a local
471 government from imposing regulations that require more
472 than a certain minimum number of parking spaces for
473 specified residential lots; prohibiting a local
474 government from imposing certain regulations on
475 residential lots that contain historic property;
476 providing exceptions; requiring that local government
477 regulations include a certain process; requiring the
478 approval of a lot split under certain circumstances;
479 limiting the criteria that may be required by local
480 governments for applications for and approvals of lot
481 splits; establishing an application process for
482 development applications for residential lots;
483 requiring a local government to process such
484 applications in a certain manner within certain
485 timeframes; requiring the approval of such development
486 applications by right under certain circumstances;
487 authorizing an applicant to request, and requiring the
488 local government to grant, certain extensions;
489 prohibiting a local government from imposing, or from
490 requiring an applicant to request, such an extension;
491 providing that certain applications are deemed
492 approved by right under certain circumstances;
493 requiring a local government to issue to an applicant
494 a refund of the application fee under certain
495 circumstances; providing construction; authorizing
496 certain property owners and housing organizations to
497 maintain a cause of action under certain
498 circumstances; defining the term “housing
499 organization”; specifying the procedure for such
500 actions; authorizing the award of specified relief;
501 providing that a prevailing plaintiff is entitled to
502 attorney fees and costs; providing a waiver of
503 sovereign immunity; providing construction; providing
504 retroactive application; providing for liberal
505 construction; providing that certain local government
506 regulations are void and unenforceable to a specified
507 extent; amending s. 163.514, F.S.; authorizing the
508 board of a neighborhood improvement district to plan,
509 finance, or complete structural safety or building
510 compliance improvements if approved by a majority vote
511 of the district’s residents or by a certain advisory
512 council; amending s. 177.071, F.S.; providing
513 applicability; requiring an administrative authority
514 to follow certain application procedures for
515 applications for certain plats and replats; amending
516 s. 553.382, F.S.; authorizing the placement of a
517 residential manufactured building on any lot in a
518 recreational vehicle park; conforming provisions to
519 changes made by the act; creating s. 553.385, F.S.;
520 defining the terms “local government” and “off-site
521 constructed residential dwelling”; requiring the
522 permitting as of right of an off-site constructed
523 residential dwelling in certain zoning districts;
524 prohibiting a local government from adopting or
525 enforcing certain regulations; providing construction;
526 authorizing a local government to adopt compatibility
527 standards that are limited to certain architectural
528 features; prohibiting a local government from treating
529 off-site constructed residential dwellings differently
530 than factory-built buildings based on certain
531 circumstances; prohibiting a local government from
532 adopting or enforcing certain zoning, land use, or
533 development ordinances and regulations; prohibiting
534 local government ordinances and regulations from
535 having certain effects; providing that certain local
536 government ordinances and regulations are void and
537 unenforceable to a specified extent; providing an
538 effective date.