The Florida Senate

The bill creates the “Infill Redevelopment Act,” which preempts certain local land development regulations and oversight for “qualifying parcels” to promote infill redevelopment in urban areas.

Qualifying parcels are parcels at least 5 acres in size located adjacent to other parcels zoned for residential uses in counties with populations more than 1.475 million and at least 15 municipalities. The qualifying parcel must also be environmentally impacted, meaning that contaminants or pollutants have been detected on the land above local, state, or federal cleanup target levels; or the land has been designated a brownfield area under state law. Certain parcels, such as agricultural land and land near military installations are excluded.

Under the bill, local governments must allow, using an administrative approval process, a qualifying parcel to be developed with residential uses up to either the average density of all applicable zoning districts within the same jurisdiction, or 25 dwelling units per acre, whichever is lower. Portions of the qualifying parcel adjacent to single-family homes or townhouses must provide for a 20-foot buffer of open space or passive recreation between the new development and the existing homes.

The bill includes additional requirements for qualifying parcels that have recreational facilities on them, such as golf courses or recreational areas adjacent to single family homes on all sides. These include specifying that a developer must establish that such areas have not been in operation or use for at least 12 months; pay double the applicable parks and recreational impact fees that would otherwise apply to the proposed development; and notify adjacent property owners. The bill also provides a framework for the sale of such properties to adjacent property owners if they wish to preserve the recreational use at a price not exceeding either 10 percent above that which the developer paid or equal to the agreed price of a bona fide offer to purchase the property.

The bill applies to development applications submitted pursuant to the bill’s provisions on or after its effective date. Applications must be administratively approved without a public hearing. A local government may not adopt or enforce a local law, an ordinance, or a regulation that restricts, prohibits, or otherwise limits the development of a qualifying parcel in accordance with the bill.

If approved by the Governor, or allowed to become law without the Governor's signature, these provisions take effect upon becoming law.

Vote: Senate 36-0; House 87-24