Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1118
Ì6328621Î632862
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/19/2025 .
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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 (8) is added to section 125.022,
6 Florida Statutes, to read:
7 125.022 Development permits and orders.—
8 (8) A county may not as a condition of processing or
9 issuing a development permit or development order require an
10 applicant to install a work of art, pay a fee for a work of art,
11 or reimburse the county for any costs that the county may incur
12 related to a work of art.
13 Section 2. Subsections (1) and (4) of section 163.3162,
14 Florida Statutes, are amended, and subsection (5) is added to
15 that section, to read:
16 163.3162 Agricultural lands and practices.—
17 (1) LEGISLATIVE FINDINGS AND PURPOSE.—The Legislature finds
18 that agricultural production is a major contributor to the
19 economy of the state; that agricultural lands constitute unique
20 and irreplaceable resources of statewide importance; that the
21 continuation of agricultural activities preserves the landscape
22 and environmental resources of the state, contributes to the
23 increase of tourism, and furthers the economic self-sufficiency
24 of the people of the state; and that the encouragement,
25 development, and improvement of agriculture will result in a
26 general benefit to the health, safety, and welfare of the people
27 of the state. It is the purpose of this act to protect
28 reasonable agricultural activities conducted on farm lands from
29 duplicative regulation and to protect the property rights of
30 agricultural land owners.
31 (4) ADMINISTRATIVE APPROVAL AMENDMENT TO LOCAL GOVERNMENT
32 COMPREHENSIVE PLAN.—The owner of a parcel of land defined as an
33 agricultural enclave under s. 163.3164 may apply for
34 administrative approval of development regardless of the future
35 land use map designation of the parcel or any conflicting
36 comprehensive plan goals, objectives, or policies if the owner’s
37 request an amendment to the local government comprehensive plan
38 pursuant to s. 163.3184. Such amendment is presumed not to be
39 urban sprawl as defined in s. 163.3164 if it includes land uses
40 and densities and intensities of use that are consistent with
41 the approved uses and densities and intensities of use of the
42 industrial, commercial, or residential areas that surround the
43 parcel. This presumption may be rebutted by clear and convincing
44 evidence. Each application for administrative approval a
45 comprehensive plan amendment under this subsection for a parcel
46 larger than 700 640 acres must include appropriate new urbanism
47 concepts such as clustering, mixed-use development, the creation
48 of rural village and city centers, and the transfer of
49 development rights in order to discourage urban sprawl while
50 protecting landowner rights. A development authorized under this
51 subsection must be treated as a conforming use, notwithstanding
52 the local government’s comprehensive plan, future land use
53 designation, or zoning.
54 (a) A proposed development authorized under this subsection
55 must be administratively approved within 120 days after the date
56 the local government receives a complete application, and no
57 further action by the governing body of the local government is
58 required. A The local government may not enact or enforce any
59 regulation or law for an agricultural enclave that is more
60 burdensome than for other types of applications for comparable
61 densities or intensities of use. Notwithstanding the future land
62 use designation of the agricultural enclave or whether it is
63 included in an urban service district, a local government must
64 approve the application if it otherwise complies with this
65 subsection and proposes only single-family residential,
66 community gathering, and recreational uses at a density that
67 does not exceed the average density allowed by a future land use
68 designation on any adjacent parcel that allows a density of at
69 least one dwelling unit per acre. A local government shall treat
70 an agricultural enclave that is adjacent to an urban service
71 district as if it were within the urban service district and the
72 owner of a parcel of land that is the subject of an application
73 for an amendment shall have 180 days following the date that the
74 local government receives a complete application to negotiate in
75 good faith to reach consensus on the land uses and intensities
76 of use that are consistent with the uses and intensities of use
77 of the industrial, commercial, or residential areas that
78 surround the parcel. Within 30 days after the local government’s
79 receipt of such an application, the local government and owner
80 must agree in writing to a schedule for information submittal,
81 public hearings, negotiations, and final action on the
82 amendment, which schedule may thereafter be altered only with
83 the written consent of the local government and the owner.
84 Compliance with the schedule in the written agreement
85 constitutes good faith negotiations for purposes of paragraph
86 (c).
87 (b) Upon conclusion of good faith negotiations under
88 paragraph (a), regardless of whether the local government and
89 owner reach consensus on the land uses and intensities of use
90 that are consistent with the uses and intensities of use of the
91 industrial, commercial, or residential areas that surround the
92 parcel, the amendment must be transmitted to the state land
93 planning agency for review pursuant to s. 163.3184. If the local
94 government fails to transmit the amendment within 180 days after
95 receipt of a complete application, the amendment must be
96 immediately transferred to the state land planning agency for
97 such review. A plan amendment transmitted to the state land
98 planning agency submitted under this subsection is presumed not
99 to be urban sprawl as defined in s. 163.3164. This presumption
100 may be rebutted by clear and convincing evidence.
101 (c) If the owner fails to negotiate in good faith, a plan
102 amendment submitted under this subsection is not entitled to the
103 rebuttable presumption under this subsection in the negotiation
104 and amendment process.
105 (d) Nothing within this subsection relating to agricultural
106 enclaves shall preempt or replace any protection currently
107 existing for any property located within the boundaries of the
108 following areas:
109 1. The Wekiva Study Area, as described in s. 369.316; or
110 2. The Everglades Protection Area, as defined in s.
111 373.4592(2).
112 (5) PRODUCTION OF ETHANOL.—For the purposes of this
113 section, the production of ethanol from plants and plant
114 products as defined in s. 581.011 by fermentation, distillation,
115 and drying is not chemical manufacturing or chemical refining.
116 This subsection is remedial and clarifying in nature and applies
117 retroactively to any law, regulation, or ordinance or any
118 interpretation thereof.
119 Section 3. Present subsections (22) through (54) of section
120 163.3164, Florida Statutes, are redesignated as subsections (23)
121 through (55), respectively, a new subsection (22) is added to
122 that section, and subsections (4) and (9) of that section are
123 amended, to read:
124 163.3164 Community Planning Act; definitions.—As used in
125 this act:
126 (4) “Agricultural enclave” means an unincorporated,
127 undeveloped parcel or parcels that:
128 (a) Are Is owned or controlled by a single person or
129 entity;
130 (b) Have Has been in continuous use for bona fide
131 agricultural purposes, as defined by s. 193.461, for a period of
132 5 years before prior to the date of any comprehensive plan
133 amendment or development application;
134 (c)1. Are Is surrounded on at least 75 percent of their its
135 perimeter by:
136 a.1. A parcel or parcels Property that have has existing
137 industrial, commercial, or residential development; or
138 b.2. A parcel or parcels Property that the local government
139 has designated, in the local government’s comprehensive plan,
140 zoning map, and future land use map, as land that is to be
141 developed for industrial, commercial, or residential purposes,
142 and at least 75 percent of such parcel or parcels are property
143 is existing industrial, commercial, or residential development;
144 2. Do not exceed 700 acres and are surrounded on at least
145 50 percent of their perimeter by a parcel or parcels that the
146 local government has designated in the local government’s
147 comprehensive plan and future land use map as land that is to be
148 developed for industrial, commercial, or residential purposes;
149 and the parcel or parcels are surrounded on at least 50 percent
150 of their perimeter by a parcel or parcels within an urban
151 service district, area, or line; or
152 3. Were located within the boundary of a rural study area
153 adopted in the local government’s comprehensive plan as of
154 January 1, 2025, which was intended to be developed with
155 residential uses at a density of at least one dwelling unit per
156 acre and was surrounded on at least 50 percent of the study
157 area’s perimeter in the local government’s jurisdiction by a
158 parcel or parcels that either are designated in the local
159 government’s comprehensive plan and future land use map as land
160 that can be developed for industrial, commercial, or residential
161 purposes or which has been developed with industrial,
162 commercial, or residential uses;
163 (d) Have Has public services, including water, wastewater,
164 transportation, schools, and recreation facilities, available or
165 such public services are scheduled in the capital improvement
166 element to be provided by the local government or can be
167 provided by an alternative provider of local government
168 infrastructure in order to ensure consistency with applicable
169 concurrency provisions of s. 163.3180, or the applicant offers
170 to enter into a binding agreement to pay for, construct, or
171 contribute land for its proportionate share of such
172 improvements; and
173 (e) Do Does not exceed 1,280 acres; however, if the parcel
174 or parcels are property is surrounded by existing or authorized
175 residential development that will result in a density at
176 buildout of at least 1,000 residents per square mile, then the
177 area must shall be determined to be urban and the parcel or
178 parcels may not exceed 4,480 acres.
179
180 Where a right-of-way, body of water, or canal exists along the
181 perimeter of a parcel, the perimeter calculations of the
182 agricultural enclave must be based on the parcel or parcels
183 across the right-of-way, body of water, or canal.
184 (9) “Compatibility” means a condition in which land uses or
185 conditions can coexist in relative proximity to each other in a
186 stable fashion over time such that no use or condition is unduly
187 negatively impacted directly or indirectly by another use or
188 condition. All residential land use categories, residential
189 zoning categories, and housing types are compatible with each
190 other.
191 (22) “Infill residential development” means the development
192 of one or more parcels that are no more than 100 acres in size
193 within a future land use category that allows a residential use
194 and any zoning district that allows a residential use and which
195 parcels are contiguous with residential development on at least
196 50 percent of the parcels’ boundaries. For purposes of this
197 subsection, the term “contiguous” means touching, bordering, or
198 adjoining along a boundary and includes properties that would be
199 contiguous if not separated by a roadway, railroad, canal, or
200 other public easement.
201 Section 4. Paragraphs (b) and (e) of subsection (8) of
202 section 163.3167, Florida Statutes, are amended to read:
203 163.3167 Scope of act.—
204 (8)
205 (b) An initiative or referendum process in regard to any
206 land development regulation is prohibited. For purposes of this
207 paragraph, the term “land development regulation” includes any
208 code, ordinance, rule, or charter provision that regulates or
209 otherwise affects the use of land, including, but not limited
210 to, density regulations; municipal boundary lines, except as
211 specified in s. 171.044; and any regulation that could otherwise
212 be accomplished or affected through the comprehensive planning
213 process.
214 (e) It is the intent of the Legislature that initiative and
215 referendum be prohibited in regard to any development order or
216 land development regulation. It is the intent of the Legislature
217 that initiative and referendum be prohibited in regard to any
218 local comprehensive plan amendment or map amendment, except as
219 specifically and narrowly allowed by paragraph (c). Therefore,
220 the prohibition on initiative and referendum imposed under this
221 subsection stated in paragraphs (a) and (c) is remedial in
222 nature and applies retroactively to any initiative or referendum
223 process commenced after June 1, 2011, and any such initiative or
224 referendum process commenced or completed thereafter is deemed
225 null and void and of no legal force and effect.
226 Section 5. Paragraph (f) of subsection (1) and subsection
227 (2) of section 163.3177, Florida Statutes, are amended to read:
228 163.3177 Required and optional elements of comprehensive
229 plan; studies and surveys.—
230 (1) The comprehensive plan shall provide the principles,
231 guidelines, standards, and strategies for the orderly and
232 balanced future economic, social, physical, environmental, and
233 fiscal development of the area that reflects community
234 commitments to implement the plan and its elements. These
235 principles and strategies shall guide future decisions in a
236 consistent manner and shall contain programs and activities to
237 ensure comprehensive plans are implemented. The sections of the
238 comprehensive plan containing the principles and strategies,
239 generally provided as goals, objectives, and policies, shall
240 describe how the local government’s programs, activities, and
241 land development regulations will be initiated, modified, or
242 continued to implement the comprehensive plan in a consistent
243 manner. It is not the intent of this part to require the
244 inclusion of implementing regulations in the comprehensive plan
245 but rather to require identification of those programs,
246 activities, and land development regulations that will be part
247 of the strategy for implementing the comprehensive plan and the
248 principles that describe how the programs, activities, and land
249 development regulations will be carried out. The plan shall
250 establish meaningful and predictable standards for the use and
251 development of land and provide meaningful guidelines for the
252 content of more detailed land development and use regulations.
253 (f) All mandatory and optional elements of the
254 comprehensive plan and plan amendments shall be based upon
255 relevant and appropriate data and an analysis by the local
256 government that may include, but not be limited to, surveys,
257 studies, community goals and vision, and other data available at
258 the time of adoption of the comprehensive plan or plan
259 amendment. To be based on data means to react to it in an
260 appropriate way and to the extent necessary indicated by the
261 data available on that particular subject at the time of
262 adoption of the plan or plan amendment at issue.
263 1. Surveys, studies, and data utilized in the preparation
264 of the comprehensive plan may not be deemed a part of the
265 comprehensive plan unless adopted as a part of it. Copies of
266 such studies, surveys, data, and supporting documents for
267 proposed plans and plan amendments shall be made available for
268 public inspection, and copies of such plans shall be made
269 available to the public upon payment of reasonable charges for
270 reproduction. Support data or summaries are not subject to the
271 compliance review process, but the comprehensive plan must be
272 clearly based on appropriate data. Support data or summaries may
273 be used to aid in the determination of compliance and
274 consistency.
275 2. Data must be taken from professionally accepted sources.
276 The application of a methodology utilized in data collection or
277 whether a particular methodology is professionally accepted may
278 be evaluated. However, the evaluation may not include, and a
279 comprehensive plan may not mandate, whether one accepted
280 methodology is better than another. Original data collection by
281 local governments is not required. However, local governments
282 may use original data so long as methodologies are
283 professionally accepted.
284 3. The comprehensive plan shall be based upon permanent and
285 seasonal population estimates and projections, which shall
286 either be those published by the Office of Economic and
287 Demographic Research or generated by the local government based
288 upon a professionally acceptable methodology. The plan must be
289 based on at least the minimum amount of land required to
290 accommodate the medium projections as published by the Office of
291 Economic and Demographic Research for at least a 10-year
292 planning period unless otherwise limited under s. 380.05,
293 including related rules of the Administration Commission. Absent
294 physical limitations on population growth, population
295 projections for each municipality, and the unincorporated area
296 within a county must, at a minimum, be reflective of each area’s
297 proportional share of the total county population and the total
298 county population growth.
299 (2) Coordination of the required and optional several
300 elements of the local comprehensive plan must shall be a major
301 objective of the planning process. The required and optional
302 several elements of the comprehensive plan must shall be
303 consistent. Optional elements of the comprehensive plan may not
304 contain policies that restrict the density or intensity
305 established in the future land use element. Where data is
306 relevant to required and optional several elements, consistent
307 data must shall be used, including population estimates and
308 projections unless alternative data can be justified by an
309 applicant for a plan amendment through new supporting data and
310 analysis. Each map depicting future conditions must reflect the
311 principles, guidelines, and standards within all elements, and
312 each such map must be contained within the comprehensive plan.
313 Section 6. Present paragraphs (a) and (b) of subsection (3)
314 of section 163.31801, Florida Statutes, are redesignated as
315 paragraphs (b) and (c), respectively, a new paragraph (a) is
316 added to that subsection, and paragraph (g) of subsection (6) of
317 that section is republished, to read:
318 163.31801 Impact fees; short title; intent; minimum
319 requirements; audits; challenges.—
320 (3) For purposes of this section, the term:
321 (a) “Extraordinary circumstance” means:
322 1. For a county, that the permanent population estimate
323 determined for the county by the University of Florida Bureau of
324 Economic and Business Research is at least 1.25 times the 5-year
325 high-series population projection for the county as published by
326 the University of Florida Bureau of Economic and Business
327 Research immediately before the year of the population estimate;
328 or
329 2. For a municipality, that the municipality is located
330 within a county with such a permanent population estimate and
331 the municipality demonstrates that it has maintained a
332 proportionate share of the county’s population growth during the
333 preceding 5-year period.
334 (6) A local government, school district, or special
335 district may increase an impact fee only as provided in this
336 subsection.
337 (g) A local government, school district, or special
338 district may increase an impact fee rate beyond the phase-in
339 limitations established under paragraph (b), paragraph (c),
340 paragraph (d), or paragraph (e) by establishing the need for
341 such increase in full compliance with the requirements of
342 subsection (4), provided the following criteria are met:
343 1. A demonstrated-need study justifying any increase in
344 excess of those authorized in paragraph (b), paragraph (c),
345 paragraph (d), or paragraph (e) has been completed within the 12
346 months before the adoption of the impact fee increase and
347 expressly demonstrates the extraordinary circumstances
348 necessitating the need to exceed the phase-in limitations.
349 2. The local government jurisdiction has held not less than
350 two publicly noticed workshops dedicated to the extraordinary
351 circumstances necessitating the need to exceed the phase-in
352 limitations set forth in paragraph (b), paragraph (c), paragraph
353 (d), or paragraph (e).
354 3. The impact fee increase ordinance is approved by at
355 least a two-thirds vote of the governing body.
356 Section 7. Subsection (3) and paragraph (a) of subsection
357 (11) of section 163.3184, Florida Statutes, are amended, and
358 subsection (14) is added to that section, to read:
359 163.3184 Process for adoption of comprehensive plan or plan
360 amendment.—
361 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
362 COMPREHENSIVE PLAN AMENDMENTS.—
363 (a) The process for amending a comprehensive plan described
364 in this subsection shall apply to all amendments except as
365 provided in paragraphs (2)(b) and (c) and shall be applicable
366 statewide.
367 (b)1. If a plan amendment or amendments are adopted, the
368 local government, after the initial public hearing held pursuant
369 to subsection (11), must shall transmit, within 10 working days
370 after the date of adoption, the amendment or amendments and
371 appropriate supporting data and analyses to the reviewing
372 agencies. The local governing body must shall also transmit a
373 copy of the amendments and supporting data and analyses to any
374 other local government or governmental agency that has filed a
375 written request with the governing body.
376 2. The reviewing agencies and any other local government or
377 governmental agency specified in subparagraph 1. may provide
378 comments regarding the amendment or amendments to the local
379 government. State agencies shall only comment on important state
380 resources and facilities that will be adversely impacted by the
381 amendment if adopted. Comments provided by state agencies shall
382 state with specificity how the plan amendment will adversely
383 impact an important state resource or facility and shall
384 identify measures the local government may take to eliminate,
385 reduce, or mitigate the adverse impacts. Such comments, if not
386 resolved, may result in a challenge by the state land planning
387 agency to the plan amendment. Agencies and local governments
388 must transmit their comments to the affected local government
389 such that they are received by the local government not later
390 than 30 days after the date on which the agency or government
391 received the amendment or amendments. Reviewing agencies shall
392 also send a copy of their comments to the state land planning
393 agency.
394 3. Comments to the local government from a regional
395 planning council, county, or municipality shall be limited as
396 follows:
397 a. The regional planning council review and comments shall
398 be limited to adverse effects on regional resources or
399 facilities identified in the strategic regional policy plan and
400 extrajurisdictional impacts that would be inconsistent with the
401 comprehensive plan of any affected local government within the
402 region. A regional planning council may not review and comment
403 on a proposed comprehensive plan amendment prepared by such
404 council unless the plan amendment has been changed by the local
405 government subsequent to the preparation of the plan amendment
406 by the regional planning council.
407 b. County comments shall be in the context of the
408 relationship and effect of the proposed plan amendments on the
409 county plan.
410 c. Municipal comments shall be in the context of the
411 relationship and effect of the proposed plan amendments on the
412 municipal plan.
413 d. Military installation comments shall be provided in
414 accordance with s. 163.3175.
415 4. Comments to the local government from state agencies
416 shall be limited to the following subjects as they relate to
417 important state resources and facilities that will be adversely
418 impacted by the amendment if adopted:
419 a. The Department of Environmental Protection shall limit
420 its comments to the subjects of air and water pollution;
421 wetlands and other surface waters of the state; federal and
422 state-owned lands and interest in lands, including state parks,
423 greenways and trails, and conservation easements; solid waste;
424 water and wastewater treatment; and the Everglades ecosystem
425 restoration.
426 b. The Department of State shall limit its comments to the
427 subjects of historic and archaeological resources.
428 c. The Department of Transportation shall limit its
429 comments to issues within the agency’s jurisdiction as it
430 relates to transportation resources and facilities of state
431 importance.
432 d. The Fish and Wildlife Conservation Commission shall
433 limit its comments to subjects relating to fish and wildlife
434 habitat and listed species and their habitat.
435 e. The Department of Agriculture and Consumer Services
436 shall limit its comments to the subjects of agriculture,
437 forestry, and aquaculture issues.
438 f. The Department of Education shall limit its comments to
439 the subject of public school facilities.
440 g. The appropriate water management district shall limit
441 its comments to flood protection and floodplain management,
442 wetlands and other surface waters, and regional water supply.
443 h. The state land planning agency shall limit its comments
444 to important state resources and facilities outside the
445 jurisdiction of other commenting state agencies and may include
446 comments on countervailing planning policies and objectives
447 served by the plan amendment that should be balanced against
448 potential adverse impacts to important state resources and
449 facilities.
450 (c)1. The local government shall hold a second public
451 hearing, which shall be a hearing on whether to adopt one or
452 more comprehensive plan amendments pursuant to subsection (11).
453 If the local government fails, within 180 days after receipt of
454 agency comments, to hold the second public hearing, and to adopt
455 the comprehensive plan amendments, the amendments are deemed
456 withdrawn unless extended by agreement with notice to the state
457 land planning agency and any affected person that provided
458 comments on the amendment. The local government is in compliance
459 if the second public hearing is held within the 180-day period
460 after receipt of agency comments, even if the amendments are
461 approved at a subsequent hearing. The 180-day limitation does
462 not apply to amendments processed pursuant to s. 380.06.
463 2. All comprehensive plan amendments adopted by the
464 governing body, along with the supporting data and analysis,
465 shall be transmitted within 10 working days after the final
466 adoption hearing to the state land planning agency and any other
467 agency or local government that provided timely comments under
468 subparagraph (b)2. If the local government fails to transmit the
469 comprehensive plan amendments within 10 working days after the
470 final adoption hearing, the amendments are deemed withdrawn.
471 3. The state land planning agency shall notify the local
472 government of any deficiencies within 5 working days after
473 receipt of an amendment package. For purposes of completeness,
474 an amendment shall be deemed complete if it contains a full,
475 executed copy of:
476 a. The adoption ordinance or ordinances;
477 b. In the case of a text amendment, the amended language in
478 legislative format with new words inserted in the text
479 underlined, and words deleted stricken with hyphens;
480 c. In the case of a future land use map amendment, the
481 future land use map clearly depicting the parcel, its existing
482 future land use designation, and its adopted designation; and
483 d. Any data and analyses the local government deems
484 appropriate.
485 4. An amendment adopted under this paragraph does not
486 become effective until 31 days after the state land planning
487 agency notifies the local government that the plan amendment
488 package is complete. If timely challenged, an amendment does not
489 become effective until the state land planning agency or the
490 Administration Commission enters a final order determining the
491 adopted amendment to be in compliance.
492 (11) PUBLIC HEARINGS.—
493 (a) The procedure for transmittal of a complete proposed
494 comprehensive plan or plan amendment pursuant to subparagraph
495 (3)(b)1. and paragraph (4)(b) and for adoption of a
496 comprehensive plan or plan amendment pursuant to subparagraphs
497 (3)(c)1. and (4)(e)1. must shall be by affirmative vote of not
498 less than a majority of the members of the governing body
499 present at the hearing. The adoption of a comprehensive plan or
500 plan amendment must shall be by ordinance approved by
501 affirmative vote of a majority of the members of the governing
502 body present at the hearing, except that the adoption of a
503 comprehensive plan or plan amendment must be by affirmative vote
504 of a supermajority of the members of the governing body if it
505 includes a future land use category amendment for a parcel or
506 parcels of land which is less dense or intense or includes more
507 restrictive or burdensome procedures concerning development,
508 including, but not limited to, the review, approval, or issuance
509 of a site plan, development permit, or development order. For
510 the purposes of transmitting or adopting a comprehensive plan or
511 plan amendment, the notice requirements in chapters 125 and 166
512 are superseded by this subsection, except as provided in this
513 part.
514 (14) REVIEW OF APPLICATION.—An owner of real property
515 subject to a comprehensive plan amendment or a person applying
516 for a comprehensive plan amendment that is not adopted by the
517 local government or who is not provided the opportunity for a
518 hearing within 180 days after the filing of the application may
519 file a civil action for declaratory, injunctive, or other
520 relief, which must be reviewed de novo. The local government has
521 the burden of proving by a preponderance of the evidence that
522 the application is inconsistent with the local government’s
523 comprehensive plan and that the existing comprehensive plan is
524 in compliance and supported by relevant and appropriate data and
525 analysis. The court may not use a deferential standard for the
526 benefit of the local government. Before initiating such an
527 action, the owner or applicant may use the dispute resolution
528 procedures under s. 70.45. This subsection applies to
529 comprehensive plan amendments under review or filed on or after
530 July 1, 2025.
531 Section 8. Paragraphs (k) and (l) are added to subsection
532 (2) of section 163.3202, Florida Statutes, and subsection (8) is
533 added to that section, to read:
534 163.3202 Land development regulations.—
535 (2) Local land development regulations shall contain
536 specific and detailed provisions necessary or desirable to
537 implement the adopted comprehensive plan and shall at a minimum:
538 (k) By January 1, 2026, establish minimum lot sizes within
539 single-family, two-family, and fee simple, single-family
540 townhouse zoning districts, including planned unit development
541 and site plan controlled zoning districts allowing these uses,
542 to accommodate and achieve the maximum density authorized in the
543 comprehensive plan, net of the land area required to be set
544 aside for subdivision roads, sidewalks, stormwater ponds, open
545 space, and landscape buffers and any other land area required to
546 be set aside pursuant to mandatory land development regulations
547 which could otherwise be used for the development of single
548 family homes, two-family homes, and fee simple, single-family
549 townhouses.
550 (l) By January 1, 2026, if the jurisdiction uses zoning,
551 specify the hearing process for rezoning to protect the due
552 process rights of participants. The first public hearing on a
553 rezoning must be held by an impartial zoning hearing officer,
554 who shall prepare a proposed recommended order with written
555 conclusions of law and findings of fact.
556 (8) Notwithstanding any ordinance to the contrary, an
557 application for an infill residential development must be
558 administratively approved without requiring a comprehensive plan
559 amendment, rezoning, variance, or any other public hearing by
560 any board or reviewing body if the proposed infill residential
561 development is consistent with current development standards and
562 the density of the proposed infill residential development is
563 the same as the average density of contiguous properties. A
564 development authorized under this subsection must be treated as
565 a conforming use, notwithstanding the local government’s
566 comprehensive plan, future land use designation, or zoning.
567 Section 9. Paragraph (b) of subsection (2) and subsection
568 (3) of section 163.3206, Florida Statutes, are amended to read:
569 163.3206 Fuel terminals.—
570 (2) As used in this section, the term:
571 (b) “Fuel terminal” means a storage and distribution
572 facility for fuel, supplied by pipeline or marine vessel, which
573 has the capacity to receive, and store, or deploy a bulk
574 transfer of fuel, is equipped with a loading rack through
575 equipment that which fuel is physically transfers the fuel
576 transferred into tanker trucks, or rail cars, marine vessels, or
577 marine barges, and is registered with the Internal Revenue
578 Service as a terminal. The term also includes any adjacent
579 submerged lands or waters used by marine vessels or marine
580 barges for loading and offloading fuel.
581 (3) After July 1, 2014, a local government may not amend
582 its comprehensive plan, land use map, zoning districts, or land
583 development regulations in a manner that would conflict with a
584 fuel terminal’s classification as a permitted and allowable use,
585 including, but not limited to, an amendment that causes a fuel
586 terminal to be a nonconforming use, structure, or development.
587 This subsection does not apply if the fuel terminal’s owner
588 notifies the local government that the owner intends to
589 decommission the fuel terminal.
590 Section 10. Subsection (8) is added to section 166.033,
591 Florida Statutes, to read:
592 166.033 Development permits and orders.—
593 (8) A municipality may not as a condition of processing or
594 issuing a development permit or development order require an
595 applicant to install a work of art, pay a fee for a work of art,
596 or reimburse the municipality for any costs that the
597 municipality may incur related to a work of art.
598 Section 11. Subsection (4) of section 171.044, Florida
599 Statutes, is amended, and subsection (7) is added to that
600 section, to read:
601 171.044 Voluntary annexation.—
602 (4) The method of annexation provided by this section shall
603 be supplemental to any other procedure provided by general or
604 special law, except that this section does shall not apply to
605 municipalities in counties with charters which provide for an
606 exclusive method of municipal annexation. An exclusive method of
607 voluntary annexation may not affect the powers granted to a
608 municipality in s. 171.062 to assume control over the land use
609 plan of the annexed area or prevent a municipality from
610 exercising the municipal power to ratify a voluntary annexation.
611 (7) It is the intent of the Legislature that the powers
612 granted to municipalities to assume control over the land use of
613 an annexed area be preserved. Therefore, the prohibition on
614 affecting the powers granted to municipalities in s. 171.062
615 under subsection (4) is remedial in nature and applies
616 retroactively to any exclusive method of voluntary annexation
617 which was placed into effect after June 1, 2011. An exclusive
618 method of voluntary annexation placed into effect thereafter
619 which violates such prohibition is void. An exclusive method of
620 voluntary annexation which requires approval from a county
621 government to complete the annexation violates such prohibition
622 and is void.
623 Section 12. Subsection (2) of section 171.062, Florida
624 Statutes, is amended, and subsections (6) and (7) are added to
625 that section, to read:
626 171.062 Effects of annexations or contractions.—
627 (2) If the area annexed was subject to a county land use
628 plan and county zoning or subdivision regulations, these
629 regulations remain in full force and effect until the
630 municipality adopts a comprehensive plan amendment that includes
631 the annexed area. This assumption of land use regulation by the
632 municipality is a power of a municipality as contemplated in s.
633 4, Art. VIII of the State Constitution.
634 (6) This section applies to all counties and
635 municipalities, including municipalities in counties with
636 charters that provide for an exclusive method of voluntary
637 annexation.
638 (7) It is the intent of the Legislature that the powers
639 granted to municipalities to assume control over the land use of
640 an annexed area be preserved. Therefore, this section is
641 remedial in nature and applies retroactively to any exclusive
642 method of voluntary annexation which was placed into effect
643 after June 1, 2011, and any such method placed into effect
644 thereafter which limits or otherwise infringes upon the power
645 granted to municipalities is void.
646 Section 13. Section 177.071, Florida Statutes, is amended
647 to read:
648 177.071 Approval of plat by governing bodies.—
649 (1) The approving agency, which may include a board, a
650 committee, an employee, or a consultant engaged as agent for the
651 jurisdiction, as provided by land development regulations, shall
652 administer plat submittals for the governing body and, within 45
653 days after receipt of a plat submittal, must recommend approval
654 if the plat meets the requirements of s. 177.091 or, if the plat
655 does not meet the requirements of s. 177.091, provide a set of
656 written comments to the applicant specifying the areas of
657 noncompliance. An applicant may resubmit a plat in response to
658 such written comments. An applicant may request final
659 administrative review of a plat submittal after responding to
660 two sets of written comments provided by the approving agency.
661 (2) Upon issuance of a recommendation of approval of a plat
662 by the approving agency or upon request of an applicant in
663 accordance with subsection (1), the governing body shall at its
664 next regularly scheduled meeting grant final administrative
665 approval of the plat Before a plat is offered for recording
666 unless the governing body determines that the approving agency
667 erred in determining that the plat meets the requirements of s.
668 177.091 or determines that the approving agency correctly
669 determined that the plat does not meet the requirements of s.
670 177.091., it must be approved by the appropriate governing body,
671 and Evidence of such final administrative approval must be
672 placed on the plat. If not approved, the governing body must
673 return the plat to the professional surveyor and mapper or the
674 legal entity offering the plat for recordation in accordance
675 with the requirements of s. 177.091. The governing body shall
676 grant final administrative approval at its next regularly
677 scheduled meeting following resubmittal of the plat by the
678 applicant. For the purposes of this part:
679 (a) When the plat to be submitted for approval is located
680 wholly within the boundaries of a municipality, the governing
681 body of the municipality has exclusive jurisdiction to approve
682 the plat.
683 (b) When a plat lies wholly within the unincorporated areas
684 of a county, the governing body of the county has exclusive
685 jurisdiction to approve the plat.
686 (c) When a plat lies within the boundaries of more than one
687 governing body, two plats must be prepared and each governing
688 body has exclusive jurisdiction to approve the plat within its
689 boundaries, unless the governing bodies having said jurisdiction
690 agree that one plat is mutually acceptable.
691 (3)(2) Any provision in a county charter, or in an
692 ordinance of any charter county or consolidated government
693 chartered under s. 6(e), Art. VIII of the State Constitution,
694 which provision is inconsistent with anything contained in this
695 section shall prevail in such charter county or consolidated
696 government to the extent of any such inconsistency.
697 Section 14. Subsections (1), (8), and (10) of section
698 720.301, Florida Statutes, are amended, to read:
699 720.301 Definitions.—As used in this chapter, the term:
700 (1) “Assessment” or “amenity fee” means a sum or sums of
701 money payable to the association, to the developer or other
702 owner of common areas, or to recreational facilities and other
703 properties serving the parcels by the owners of one or more
704 parcels as authorized in the governing documents, which if not
705 paid by the owner of a parcel, can result in a lien against the
706 parcel by the association. The term does not include amenity
707 dues, amenity expenses, or amenity fees as those terms are
708 defined in s. 720.408.
709 (8)(a) “Governing documents” means:
710 1.(a) The recorded declaration of covenants for a community
711 and all duly adopted and recorded amendments, supplements, and
712 recorded exhibits thereto; and
713 2.(b) The articles of incorporation and bylaws of the
714 homeowners’ association and any duly adopted amendments thereto.
715 (b) Consistent with s. 720.302(3)(b), recreational
716 covenants respecting privately owned recreational amenities as
717 set forth in part IV of this chapter are not governing documents
718 of an association, even if such recreational covenants are
719 attached as exhibits to a declaration of covenants for an
720 association. This paragraph is remedial in nature and intended
721 to clarify existing law.
722 (10) “Member” means a member of an association, and may
723 include, but is not limited to, a parcel owner or an association
724 representing parcel owners or a combination thereof, and
725 includes any person or entity obligated by the governing
726 documents to pay an assessment to the association or an amenity
727 fee.
728 Section 15. Subsection (3) of section 720.302, Florida
729 Statutes, is amended, to read:
730 720.302 Purposes, scope, and application.—
731 (3) This chapter does not apply to:
732 (a) A community that is composed of property primarily
733 intended for commercial, industrial, or other nonresidential
734 use; or
735 (b) The commercial or industrial parcels or privately owned
736 recreational amenities in a community that contains both
737 residential parcels and parcels intended for commercial or
738 industrial use, except that privately owned recreational
739 amenities are subject to and governed by part IV of this
740 chapter.
741 Section 16. Section 720.3086, Florida Statutes, is amended
742 to read:
743 720.3086 Financial report.—In a residential subdivision in
744 which the owners of lots or parcels must pay mandatory
745 maintenance or amenity fees to the subdivision developer or to
746 the owners of the common areas, recreational facilities, and
747 other properties serving the lots or parcels, the developer or
748 owner of such areas, facilities, or properties shall make
749 public, within 60 days following the end of each fiscal year, a
750 complete financial report of the actual, total receipts of
751 mandatory maintenance or amenity fees received by it, and an
752 itemized listing of the expenditures made by it from such fees,
753 for that year. Such report must shall be made public by mailing
754 it to each lot or parcel owner in the subdivision, by publishing
755 it in a publication regularly distributed within the
756 subdivision, or by posting it in prominent locations in the
757 subdivision. This section does not apply to amounts paid to
758 homeowner associations pursuant to chapter 617, chapter 718,
759 chapter 719, chapter 721, or chapter 723;, or to amounts paid to
760 local governmental entities, including special districts; or to
761 amounts paid to private amenity owners as defined in s.
762 720.408(4), which amounts are governed by and subject to s.
763 720.412.
764 Section 17. Part IV of chapter 720, Florida Statutes,
765 consisting of ss. 720.408-720.412, Florida Statutes, is created
766 and entitled “Recreational Covenants.”
767 Section 18. Section 720.408, Florida Statutes, is created
768 to read:
769 720.408 Definitions.—As used in ss. 720.408-720.412, the
770 term:
771 (1) “Amenity dues” means amenity expenses and amenity fees,
772 if any, in any combination, charged in accordance with a
773 recreational covenant. Amenity dues may include additional
774 components if such components are specified in the recreational
775 covenant.
776 (2) “Amenity expenses” means the costs of owning,
777 operating, managing, maintaining, and insuring privately owned
778 recreational amenities made available to parcel owners pursuant
779 to a recreational covenant, whether directly or indirectly. The
780 term includes, but is not limited to, maintenance, cleaning
781 fees, trash collection, utility charges, cable service charges,
782 legal fees, management fees, reserves, repairs, replacements,
783 refurbishments, payroll and payroll costs, insurance, working
784 capital, and ad valorem or other taxes, costs, expenses, levies,
785 and charges of any nature which may be levied or imposed
786 against, or in connection with, the privately owned recreational
787 amenities made available to parcel owners pursuant to a
788 recreational covenant. The term does not include income taxes;
789 the initial cost of construction of a privately owned
790 recreational amenity or any loan costs, loan fees, or debt
791 service of a private amenity owner related thereto; or legal
792 fees incurred by a private amenity owner in a legal action with
793 a homeowners’ association in which a final order or judgment
794 holds that the private amenity owner has committed fraud, price
795 gouging, or any other unfair business practice to the detriment
796 of the association and its members.
797 (3) “Amenity fee” means any amount, other than amenity
798 expenses, due in accordance with a recreational covenant which
799 is levied against parcel owners for recreational memberships or
800 use. An amenity fee may be composed of profit or other
801 components to be paid to a private amenity owner as provided in
802 a recreational covenant.
803 (4) “Private amenity owner” means the record title owner of
804 a privately owned recreational amenity who is responsible for
805 operation of the privately owned recreational amenity and is
806 authorized to levy amenity dues pursuant to the recreational
807 covenant. The term does not include a corporation not for profit
808 pursuant to chapter 617 or a local governmental entity,
809 including, but not limited to, a special district created
810 pursuant to chapter 189 or chapter 190.
811 (5) “Privately owned recreational amenity” means a
812 recreational facility or amenity intended for recreational use
813 or leisure activities owned by a private amenity owner and for
814 which parcel owners’ mandatory membership and use rights are
815 established pursuant to a recreational covenant. The term does
816 not include any common area or any property or facility owned by
817 a corporation not for profit pursuant to chapter 617 or a local
818 governmental entity, including, but not limited to, a special
819 district created pursuant to chapter 189 or chapter 190.
820 (6) “Recreational covenant” means a recorded covenant,
821 separate and distinct from a declaration of covenants, which
822 provides the nature and requirements of a membership in or the
823 use or purchase of privately owned recreational amenities for
824 parcel owners in one or more communities and which:
825 (a) Is recorded in the public records of the county in
826 which the property encumbered thereby is located;
827 (b) Contains information regarding the amenity dues that
828 may be imposed on members and other persons permitted to use the
829 privately owned recreational amenity and remedies that the
830 private amenity owner or other third party may have upon
831 nonpayment of such amenity fees; and
832 (c) Requires mandatory membership or mandatory payment of
833 amenity dues by some or all of the parcel owners in a community.
834 Section 19. Section 720.409, Florida Statutes, is created
835 to read:
836 720.409 Recreational covenants.—
837 (1) LEGISLATIVE FINDINGS.—The Legislature finds that:
838 (a) Recreational covenants are widely used throughout this
839 state as a mechanism to provide enhanced recreational amenities
840 to communities, but such recreational covenants are largely
841 unregulated.
842 (b) There exists a need to develop certain protections in
843 favor of parcel owners while encouraging the economic benefit of
844 the development and availability of privately owned recreational
845 amenities and a flexible means for private amenity owners to
846 operate such privately owned recreational amenities pursuant to
847 recreational covenants.
848 (c) Recreational covenants fulfill a vital role in
849 providing amenities to residential communities throughout this
850 state.
851 (2) PURPOSE, SCOPE, AND APPLICATION.—
852 (a) This part is intended to provide certain protections
853 for parcel owners and give statutory recognition to the use of
854 recreational covenants. This part is further intended to respect
855 the contractual relationship and intent of the parties to real
856 property transactions that occurred before July 1, 2025, and
857 such parties’ reliance on covenants, conditions, restrictions,
858 or other interests created by those transactions.
859 (b) Parcels within a community may be subject to a
860 recreational covenant, which recreational covenant and the
861 privately owned recreational amenities governed by such
862 recreational covenant are not governed by this chapter except as
863 expressly provided in this part.
864 (c) This part does not apply to recorded covenants,
865 agreements, or other documents which are not recreational
866 covenants.
867 (d) This part applies to recreational covenants existing
868 before July 1, 2025, and to recreational covenants recorded on
869 or after July 1, 2025, and, except as otherwise expressly set
870 forth in this part, applies retroactively and prospectively to
871 all recreational covenants.
872 (e) This part does not revive or reinstate any right,
873 claim, or interest that has been fully and finally adjudicated
874 as invalid before July 1, 2025.
875 Section 20. Section 720.41, Florida Statutes, is created
876 to read:
877 720.41 Requirements for recreational covenants.—
878 (1) A recreational covenant recorded on or after July 1,
879 2025, which creates mandatory membership in a club or imposes
880 mandatory amenity dues on parcel owners must specify all of the
881 following:
882 (a) The parcels within the community which are or will be
883 subject to mandatory membership in a club or to the imposition
884 of mandatory amenity dues.
885 (b) The person responsible for owning, maintaining, and
886 operating the privately owned recreational amenity governed by
887 the recreational covenant, which may be the developer.
888 (c) The manner in which amenity dues are apportioned and
889 collected from each encumbered parcel owner, and the person
890 authorized to collect such dues. The recreational covenant must
891 specify the components of the amenity dues.
892 (d) The amount of any amenity fee included in the amenity
893 dues. If the amount of such amenity fee is not specified, the
894 recreational covenant must specify the manner in which such fee
895 is calculated.
896 (e) The manner in which amenity fees may be increased,
897 which increase may occur periodically by a fixed percentage, a
898 fixed dollar amount, or in accordance with increases in the
899 consumer price index.
900 (f) The collection rights and remedies that are available
901 for enforcing payment of amenity dues.
902 (g) A statement of whether collection rights to enforce
903 payment of amenity dues are subordinate to an association’s
904 right to collect assessments.
905 (h) A statement of whether the privately owned recreational
906 amenity is open to the public or may be used by persons who are
907 not members or parcel owners within the community.
908 (2)(a) A recreational covenant recorded before July 1,
909 2025, must be amended or supplemented to comply with the
910 requirements of paragraphs (1)(a)-(d) by July 1, 2026.
911 (b) If a recreational covenant recorded before July 1,
912 2025, does not specify the manner in which amenity fees may be
913 increased as required by paragraph (1)(e), the increase in such
914 amenity fees is limited to a maximum annual increase in an
915 amount equal to the annual increase in the Consumer Price Index
916 for All Urban Consumers, U.S. City Average, All Items.
917 (3) A recreational covenant that does not specify the
918 amount by which amenity expenses may be increased is limited to
919 a maximum annual increase of 25 percent of the amenity expenses
920 from the preceding fiscal year. This limitation does not
921 prohibit an increase in amenity expenses resulting from a
922 natural disaster, an act of God, an increase in insurance costs,
923 an increase in utility rates, an increase in supply costs, an
924 increase in labor rates, or any other circumstance outside of
925 the reasonable control of the private amenity owner or other
926 person responsible for maintaining or operating the privately
927 owned recreational amenity governed by the recreational
928 covenant.
929 (4) Beginning July 1, 2025, notwithstanding any provision
930 in a recreational covenant to the contrary, an association may
931 not be required to collect amenity dues on behalf of a private
932 amenity owner. The private amenity owner or its agent is solely
933 responsible for the collection of amenity dues.
934 (5) The termination of a recreational covenant or the right
935 of a private amenity owner to suspend the right of a parcel
936 owner to use a privately owned recreational amenity may not:
937 (a) Prohibit an owner or a tenant of a parcel from having
938 vehicular and pedestrian ingress to and egress from the parcel;
939 (b) Prohibit an owner or a tenant of a parcel from
940 receiving utilities provided to the parcel by virtue of utility
941 facilities or utility easements located within the privately
942 owned recreational amenity; or
943 (c) Prohibit an owner or a tenant of a parcel from having
944 access to any mail delivery facility serving the parcel which is
945 located within the privately owned recreational amenity.
946 Section 21. Section 720.411, Florida Statutes, is created
947 to read:
948 720.411 Disclosure of recreational covenant before sale of
949 residential parcels.—
950 (1) Beginning October 1, 2025, each contract for the sale
951 of a parcel which is governed by a homeowners’ association but
952 is also subject to a recreational covenant must contain in
953 conspicuous type a clause that substantially states:
954
955 DISCLOSURE SUMMARY
956
957 YOUR LOT, DWELLING, AND/OR PARCEL IS SUBJECT TO A
958 RECREATIONAL COVENANT. AS A PURCHASER OF PROPERTY
959 SUBJECT TO THE RECREATIONAL COVENANT, YOU WILL BE
960 OBLIGATED TO PAY AMENITY DUES TO A PRIVATE AMENITY
961 OWNER.
962
963 BUYER ACKNOWLEDGES ALL OF THE FOLLOWING:
964
965 (1) THE RECREATIONAL AMENITY GOVERNED BY THE
966 RECREATIONAL COVENANT IS NOT A COMMON AREA OF THE
967 HOMEOWNERS’ ASSOCIATION AND IS NOT OWNED OR CONTROLLED
968 BY THE HOMEOWNERS’ ASSOCIATION. THE RECREATIONAL
969 COVENANT IS NOT A GOVERNING DOCUMENT OF THE
970 ASSOCIATION.
971
972 (2) CHARGES FOR AMENITY DUES WILL BE GOVERNED BY
973 THE RECREATIONAL COVENANT. THE RECREATIONAL COVENANT
974 CONTAINS IMPORTANT PROVISIONS AND RIGHTS AND IS OR
975 WILL BE AVAILABLE IN THE PUBLIC RECORDS OF THE COUNTY.
976
977 (3) THE PARTY THAT CONTROLS THE MAINTENANCE AND
978 OPERATION OF THE RECREATIONAL AMENITY DETERMINES THE
979 BUDGET FOR THE OPERATION AND MAINTENANCE OF SUCH
980 RECREATIONAL AMENITY. HOWEVER, THE PARCEL OWNERS
981 SUBJECT TO THE RECREATIONAL COVENANT ARE STILL
982 RESPONSIBLE FOR AMENITY DUES.
983
984 (4) AMENITY DUES MAY BE SUBJECT TO PERIODIC
985 CHANGE. AMENITY DUES ARE IN ADDITION TO, AND SEPARATE
986 AND DISTINCT FROM, ASSESSMENTS LEVIED BY THE
987 HOMEOWNERS’ ASSOCIATION.
988
989 (5) FAILURE TO PAY AMENITY DUES OR OTHER CHARGES
990 IMPOSED BY A PRIVATE AMENITY OWNER MAY RESULT IN A
991 LIEN ON YOUR PROPERTY.
992
993 (6) THIRD PARTIES WHO ARE NOT MEMBERS OF THE
994 HOMEOWNERS’ ASSOCIATION MAY HAVE THE RIGHT TO ACCESS
995 AND USE THE RECREATIONAL AMENITY, AS DETERMINED BY THE
996 ENTITY THAT CONTROLS SUCH RECREATIONAL AMENITY.
997
998 (7) MANDATORY MEMBERSHIP REQUIREMENTS OR OTHER
999 OBLIGATIONS TO PAY AMENITY DUES CAN BE FOUND IN THE
1000 RECREATIONAL COVENANT OR OTHER RECORDED INSTRUMENT.
1001
1002 (8) THE PRIVATE AMENITY OWNER MAY HAVE THE RIGHT
1003 TO AMEND THE RECREATIONAL COVENANT WITHOUT THE
1004 APPROVAL OF MEMBERS OR PARCEL OWNERS, SUBJECT TO THE
1005 TERMS OF THE RECREATIONAL COVENANT AND SECTION 720.41,
1006 FLORIDA STATUTES.
1007
1008 (9) THE STATEMENTS CONTAINED IN THIS DISCLOSURE
1009 FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE
1010 PURCHASER, YOU SHOULD REFER TO THE RECREATIONAL
1011 COVENANTS BEFORE PURCHASE. THE RECREATIONAL COVENANT
1012 IS EITHER A MATTER OF PUBLIC RECORD AND CAN BE
1013 OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE
1014 THE PROPERTY IS LOCATED OR IS NOT RECORDED AND CAN BE
1015 OBTAINED FROM THE DEVELOPER.
1016
1017 (2) The disclosure summary required by this section must be
1018 supplied by the developer or, if the sale is by a parcel owner
1019 that is not the developer, by the parcel owner. After October 1,
1020 2025, any contract or agreement for sale must refer to and
1021 incorporate the disclosure summary and must include, in
1022 prominent language, a statement that the potential buyer should
1023 not execute the contract or agreement until they have received
1024 and read the disclosure summary required by this section.
1025 (3) After October 1, 2025, if the disclosure summary is not
1026 provided to a prospective purchaser as required by this section,
1027 the purchaser may void the contract by delivering to the seller
1028 or the seller’s agent or representative written notice canceling
1029 the contract within 3 days after receipt of the disclosure
1030 summary or before closing, whichever occurs first. This right
1031 may not be waived by the purchaser but terminates at closing.
1032 Section 22. Section 720.412, Florida Statutes, is created
1033 to read:
1034 720.412 Financial reporting.—After October 1, 2025, in a
1035 residential subdivision in which the owners of lots or parcels
1036 must pay amenity dues owed to a private amenity owner pursuant
1037 to a recreational covenant, within 60 days after the end of each
1038 fiscal year the private amenity owner must make public, and
1039 available for inspection upon written request from a parcel
1040 owner within the applicable subdivision, a complete financial
1041 report of the actual, total receipts of amenity dues received by
1042 the private amenity owner, which includes an itemized list of
1043 the expenditures made by the private amenity owner with respect
1044 to operational costs, expenses, or other cash disbursements and
1045 amounts expended with respect to the operation of the privately
1046 owned recreational amenities for that year. The party preparing
1047 the financial report must have access to the supporting
1048 documents and records pertaining to the privately owned
1049 recreational amenities and private amenity owner, including the
1050 cash disbursements and related paid invoices to determine
1051 whether expenditures were for purposes related to owning,
1052 operating, managing, maintaining, and insuring privately owned
1053 recreational amenities and whether the cash receipts were billed
1054 in accordance with the recreational covenant. The financial
1055 report must be made public to each lot or parcel owner subject
1056 to the payment of such amenity dues by publishing a notice of
1057 its availability for inspection in a publication regularly
1058 distributed within the subdivision, or by posting such a notice
1059 in a prominent location in the subdivision and in prominent
1060 locations within the privately owned recreational amenities.
1061 This section does not apply to assessments or other amounts paid
1062 to an association pursuant to chapter 617, chapter 718, chapter
1063 719, chapter 721, or chapter 723, or to amounts paid to a local
1064 governmental entity, including, but not limited to, a special
1065 district created pursuant to chapter 189 or chapter 190.
1066 Section 23. Paragraph (d) of subsection (2) of section
1067 212.055, Florida Statutes, is amended to read:
1068 212.055 Discretionary sales surtaxes; legislative intent;
1069 authorization and use of proceeds.—It is the legislative intent
1070 that any authorization for imposition of a discretionary sales
1071 surtax shall be published in the Florida Statutes as a
1072 subsection of this section, irrespective of the duration of the
1073 levy. Each enactment shall specify the types of counties
1074 authorized to levy; the rate or rates which may be imposed; the
1075 maximum length of time the surtax may be imposed, if any; the
1076 procedure which must be followed to secure voter approval, if
1077 required; the purpose for which the proceeds may be expended;
1078 and such other requirements as the Legislature may provide.
1079 Taxable transactions and administrative procedures shall be as
1080 provided in s. 212.054.
1081 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
1082 (d) The proceeds of the surtax authorized by this
1083 subsection and any accrued interest shall be expended by the
1084 school district, within the county and municipalities within the
1085 county, or, in the case of a negotiated joint county agreement,
1086 within another county, to finance, plan, and construct
1087 infrastructure; to acquire any interest in land for public
1088 recreation, conservation, or protection of natural resources or
1089 to prevent or satisfy private property rights claims resulting
1090 from limitations imposed by the designation of an area of
1091 critical state concern; to provide loans, grants, or rebates to
1092 residential or commercial property owners who make energy
1093 efficiency improvements to their residential or commercial
1094 property, if a local government ordinance authorizing such use
1095 is approved by referendum; or to finance the closure of county
1096 owned or municipally owned solid waste landfills that have been
1097 closed or are required to be closed by order of the Department
1098 of Environmental Protection. Any use of the proceeds or interest
1099 for purposes of landfill closure before July 1, 1993, is
1100 ratified. The proceeds and any interest may not be used for the
1101 operational expenses of infrastructure, except that a county
1102 that has a population of fewer than 75,000 and that is required
1103 to close a landfill may use the proceeds or interest for long
1104 term maintenance costs associated with landfill closure.
1105 Counties, as defined in s. 125.011, and charter counties may, in
1106 addition, use the proceeds or interest to retire or service
1107 indebtedness incurred for bonds issued before July 1, 1987, for
1108 infrastructure purposes, and for bonds subsequently issued to
1109 refund such bonds. Any use of the proceeds or interest for
1110 purposes of retiring or servicing indebtedness incurred for
1111 refunding bonds before July 1, 1999, is ratified.
1112 1. For the purposes of this paragraph, the term
1113 “infrastructure” means:
1114 a. Any fixed capital expenditure or fixed capital outlay
1115 associated with the construction, reconstruction, or improvement
1116 of public facilities that have a life expectancy of 5 or more
1117 years, any related land acquisition, land improvement, design,
1118 and engineering costs, and all other professional and related
1119 costs required to bring the public facilities into service. For
1120 purposes of this sub-subparagraph, the term “public facilities”
1121 means facilities as defined in s. 163.3164(42) s. 163.3164(41),
1122 s. 163.3221(13), or s. 189.012(5), and includes facilities that
1123 are necessary to carry out governmental purposes, including, but
1124 not limited to, fire stations, general governmental office
1125 buildings, and animal shelters, regardless of whether the
1126 facilities are owned by the local taxing authority or another
1127 governmental entity.
1128 b. A fire department vehicle, an emergency medical service
1129 vehicle, a sheriff’s office vehicle, a police department
1130 vehicle, or any other vehicle, and the equipment necessary to
1131 outfit the vehicle for its official use or equipment that has a
1132 life expectancy of at least 5 years.
1133 c. Any expenditure for the construction, lease, or
1134 maintenance of, or provision of utilities or security for,
1135 facilities, as defined in s. 29.008.
1136 d. Any fixed capital expenditure or fixed capital outlay
1137 associated with the improvement of private facilities that have
1138 a life expectancy of 5 or more years and that the owner agrees
1139 to make available for use on a temporary basis as needed by a
1140 local government as a public emergency shelter or a staging area
1141 for emergency response equipment during an emergency officially
1142 declared by the state or by the local government under s.
1143 252.38. Such improvements are limited to those necessary to
1144 comply with current standards for public emergency evacuation
1145 shelters. The owner must enter into a written contract with the
1146 local government providing the improvement funding to make the
1147 private facility available to the public for purposes of
1148 emergency shelter at no cost to the local government for a
1149 minimum of 10 years after completion of the improvement, with
1150 the provision that the obligation will transfer to any
1151 subsequent owner until the end of the minimum period.
1152 e. Any land acquisition expenditure for a residential
1153 housing project in which at least 30 percent of the units are
1154 affordable to individuals or families whose total annual
1155 household income does not exceed 120 percent of the area median
1156 income adjusted for household size, if the land is owned by a
1157 local government or by a special district that enters into a
1158 written agreement with the local government to provide such
1159 housing. The local government or special district may enter into
1160 a ground lease with a public or private person or entity for
1161 nominal or other consideration for the construction of the
1162 residential housing project on land acquired pursuant to this
1163 sub-subparagraph.
1164 f. Instructional technology used solely in a school
1165 district’s classrooms. As used in this sub-subparagraph, the
1166 term “instructional technology” means an interactive device that
1167 assists a teacher in instructing a class or a group of students
1168 and includes the necessary hardware and software to operate the
1169 interactive device. The term also includes support systems in
1170 which an interactive device may mount and is not required to be
1171 affixed to the facilities.
1172 2. For the purposes of this paragraph, the term “energy
1173 efficiency improvement” means any energy conservation and
1174 efficiency improvement that reduces consumption through
1175 conservation or a more efficient use of electricity, natural
1176 gas, propane, or other forms of energy on the property,
1177 including, but not limited to, air sealing; installation of
1178 insulation; installation of energy-efficient heating, cooling,
1179 or ventilation systems; installation of solar panels; building
1180 modifications to increase the use of daylight or shade;
1181 replacement of windows; installation of energy controls or
1182 energy recovery systems; installation of electric vehicle
1183 charging equipment; installation of systems for natural gas fuel
1184 as defined in s. 206.9951; and installation of efficient
1185 lighting equipment.
1186 3. Notwithstanding any other provision of this subsection,
1187 a local government infrastructure surtax imposed or extended
1188 after July 1, 1998, may allocate up to 15 percent of the surtax
1189 proceeds for deposit into a trust fund within the county’s
1190 accounts created for the purpose of funding economic development
1191 projects having a general public purpose of improving local
1192 economies, including the funding of operational costs and
1193 incentives related to economic development. The ballot statement
1194 must indicate the intention to make an allocation under the
1195 authority of this subparagraph.
1196 Section 24. This act shall take effect July 1, 2025.
1197
1198 ================= T I T L E A M E N D M E N T ================
1199 And the title is amended as follows:
1200 Delete everything before the enacting clause
1201 and insert:
1202 A bill to be entitled
1203 An act relating to land use and development
1204 regulations; amending s. 125.022, F.S.; prohibiting a
1205 county from requiring an applicant to take certain
1206 actions as a condition of processing a development
1207 permit or development order; amending s. 163.3162,
1208 F.S.; revising a statement of legislative purpose;
1209 deleting language authorizing the owner of an
1210 agricultural enclave to apply for a comprehensive plan
1211 amendment; authorizing such owner instead to apply for
1212 administrative approval of a development regardless of
1213 future land use designations or comprehensive plan
1214 conflicts under certain circumstances; deleting a
1215 certain presumption of urban sprawl; requiring that an
1216 application for administrative approval for certain
1217 parcels include certain concepts; requiring that an
1218 authorized development be treated as a conforming use;
1219 requiring administrative approval of such development
1220 within a specified timeframe if it complies with
1221 certain requirements; prohibiting a local government
1222 from enacting or enforcing certain regulations or
1223 laws; providing that the production of ethanol from
1224 certain products in a specified manner is not chemical
1225 manufacturing or chemical refining; providing
1226 retroactive applicability; conforming provisions to
1227 changes made by the act; amending s. 163.3164, F.S.;
1228 revising the definition of the terms “agricultural
1229 enclave” and “compatibility”; defining the terms
1230 “infill residential development” and “contiguous”;
1231 amending s. 163.3167, F.S.; defining the term “land
1232 development regulation”; providing retroactive
1233 applicability; amending s. 163.3177, F.S.; prohibiting
1234 a comprehensive plan from making a certain mandate;
1235 prohibiting optional elements of a local comprehensive
1236 plan from containing certain policies; requiring the
1237 use of certain consistent data, where relevant, unless
1238 an applicant can make a certain justification;
1239 amending s. 163.31801, F.S.; defining the term
1240 “extraordinary circumstance”; amending s. 163.3184,
1241 F.S.; revising the expedited state review process for
1242 the adoption of comprehensive plan amendments;
1243 requiring a supermajority vote for the adoption of
1244 certain comprehensive plans and plan amendments;
1245 authorizing owners of property subject to a
1246 comprehensive plan amendment and persons applying for
1247 comprehensive plan amendments to file civil actions
1248 for relief in certain circumstances; providing
1249 requirements for such actions; authorizing such owners
1250 and applicants to use certain dispute resolution
1251 procedures; providing applicability; amending s.
1252 163.3202, F.S.; requiring that local land development
1253 regulations establish by a specified date minimum lot
1254 sizes within certain zoning districts to accommodate
1255 the authorized maximum density; requiring that local
1256 land developments specify by a specified date a
1257 certain hearing process; providing requirements for
1258 such hearing process; requiring the approval of infill
1259 residential development applications in certain
1260 circumstances; requiring that certain developments be
1261 treated as a conforming use; amending s. 163.3206,
1262 F.S.; revising the definition of the term “fuel
1263 terminal”; providing applicability of a prohibition on
1264 amending a comprehensive plan, a land use map, zoning
1265 districts, or land development regulations in a
1266 certain manner; amending s. 166.033, F.S.; prohibiting
1267 a municipality from requiring an applicant to take
1268 certain actions as a condition of processing a
1269 development permit or development order; amending s.
1270 171.044, F.S.; providing that an exclusive method of
1271 voluntary annexation may not affect certain powers
1272 granted to a municipality; providing legislative
1273 intent; providing retroactive applicability; providing
1274 that an exclusive method of voluntary annexation which
1275 requires certain county approval is void; amending s.
1276 171.062, F.S.; providing that a certain assumption of
1277 land use regulation of land annexed by a municipality
1278 is a power of the municipality as contemplated by the
1279 State Constitution; providing applicability; providing
1280 legislative intent; providing retroactive
1281 applicability; amending s. 177.071, F.S.; requiring an
1282 approving agency to administer plat submittals and
1283 take specified actions within a certain timeframe;
1284 authorizing an applicant to request final
1285 administrative review of a plat submittal under
1286 certain circumstances; requiring a governing body to
1287 grant final administrative approval of a plat at its
1288 next regularly scheduled meeting; providing an
1289 exception; requiring such governing body to grant
1290 final administrative approval of a resubmitted plat at
1291 its next regularly scheduled meeting; amending s.
1292 720.301, F.S.; revising definitions; amending s.
1293 720.302, F.S.; revising applicability of the
1294 Homeowners’ Association Act; amending s. 720.3086,
1295 F.S.; revising applicability of provisions requiring a
1296 certain financial report; creating part IV of ch. 720,
1297 F.S., entitled “Recreational Covenants”; creating s.
1298 720.408, F.S.; defining terms; creating s. 720.409,
1299 F.S.; providing legislative findings and intent;
1300 providing applicability; providing construction;
1301 creating s. 720.41, F.S.; providing requirements for
1302 certain recreational covenants recorded on or after a
1303 certain date; requiring that a recreational covenant
1304 recorded before a certain date be amended or
1305 supplemented to comply with specified requirements;
1306 limiting the annual increases in amenity fees and
1307 amenity expenses in certain circumstances; prohibiting
1308 a recreational covenant from requiring an association
1309 to collect amenity dues beginning on a specified date;
1310 prohibiting the termination of a recreational covenant
1311 or right of a private amenity owner to suspend certain
1312 rights from affecting an owner or a tenant of a parcel
1313 in a certain manner; creating s. 720.411, F.S.;
1314 requiring a specified disclosure summary for contracts
1315 for the sale of certain parcels beginning on a
1316 specified date; requiring certain persons to supply
1317 the disclosure summary; requiring that certain
1318 contracts or agreements for sale incorporate the
1319 disclosure summary and include a specified statement
1320 after a specified date; authorizing a prospective
1321 purchaser to void a contract in a specified manner
1322 under certain circumstances; creating s. 720.412,
1323 F.S.; requiring a public amenity owner annually to
1324 make a certain financial report public and available
1325 for inspection in a certain manner within a certain
1326 timeframe; providing requirements for the financial
1327 report; providing applicability; amending s. 212.055,
1328 F.S.; conforming a cross-reference; providing an
1329 effective date.