Florida Senate - 2025 SB 1572 By Senator Collins 14-01165-25 20251572__ 1 A bill to be entitled 2 An act relating to adaptive reuse of land; creating 3 ss. 125.01056 and 166.04152, F.S.; requiring counties 4 and municipalities, respectively, to authorize certain 5 allowable uses for the development of adaptive reuse 6 projects; excluding developers of such projects from 7 certain land regulations and requirements; providing 8 legislative intent; requiring counties and 9 municipalities to create programs to streamline the 10 building permit and development order processes for 11 such projects; requiring counties and municipalities 12 to reduce parking requirements for such projects when 13 certain conditions are met; requiring the Adaptive 14 Reuse Public-Private Partnership Council to perform a 15 certain evaluation as it relates to the reduction in 16 parking; authorizing counties and municipalities to 17 exempt from the levy of ad valorem taxes landowners 18 and developers who provide for or develop land for 19 certain housing units in adaptive reuse projects; 20 requiring counties and municipalities to reduce impact 21 fees by a specified amount for such landowners and 22 developers; requiring counties and municipalities to 23 exempt other specified taxes for landowners and 24 developers of hotels or motels who operate as 25 multifamily property and enter into certain lease 26 agreements; requiring that adaptive reuse projects 27 comply with general law and regulations; creating ss. 28 125.01057 and 166.04153, F.S.; authorizing a board of 29 county commissioners and a municipal governing body, 30 respectively, to adopt an ordinance for transitional 31 housing for a specified purpose; establishing 32 eligibility requirements; establishing ordinance 33 requirements; creating s. 163.32025, F.S.; providing a 34 short title; providing legislative intent; authorizing 35 the Florida Housing Finance Corporation to provide 36 technical assistance to counties and municipalities; 37 defining terms; creating the Adaptive Reuse Public 38 Private Partnership Council to facilitate and oversee 39 the development of adaptive reuse projects; providing 40 for council membership; requiring annual election of 41 the chair; providing meeting and project approval 42 process requirements; providing reporting 43 requirements; providing recordkeeping requirements; 44 requiring the council to monitor approved projects for 45 specified purposes; requiring the council to perform 46 project evaluations on a regular basis of approved 47 projects for specified purposes; prohibiting members 48 of the council from receiving compensation; 49 authorizing reimbursement for per diem and travel 50 expenses for members; requiring the council to 51 annually report specified information to the Governor 52 and the Legislature by a specified date; providing for 53 future repeal; providing an effective date. 54 55 Be It Enacted by the Legislature of the State of Florida: 56 57 Section 1. Section 125.01056, Florida Statutes, is created 58 to read: 59 125.01056 Adaptive reuse of land.- 60 (1) A county must authorize multifamily and mixed-use 61 residential as allowable uses in any area zoned for commercial, 62 industrial, or mixed use, or authorize hotels or motels to 63 operate unencumbered as a transitional housing use, when an 64 adaptive reuse project has been approved for the development of 65 land under s. 163.32025. 66 (2) Notwithstanding any other law, local ordinance, or 67 regulation to the contrary, a county may not require the 68 developer of a proposed adaptive reuse project to obtain a 69 zoning or land use change, special exception, conditional use 70 approval, variance, or comprehensive plan amendment for the 71 zoning authorized under this section. 72 (3) The Legislature intends to simplify and expedite the 73 permitting process for adaptive reuse projects that have been 74 approved for the development of land under s. 163.32025. The 75 governing body of a county shall create a program to streamline 76 the building permit and development order processes for such 77 projects in accordance with the Florida Building Code and this 78 section. 79 (4)(a) A county shall reduce parking requirements for a 80 proposed adaptive reuse project if: 81 1. Land zoned for commercial use as a hotel or motel is 82 rezoned for multifamily and mixed-use residential use. The 83 county shall reduce parking to the unit ratio of 1:0.75 for 84 studio units, 1:1 for single-bedroom units, and 1:1.25 for all 85 other dwelling units. 86 2. Land zoned for commercial use as an office building is 87 rezoned for multifamily and mixed-use residential use. There 88 must be an additional 20 percent variance or reduction in the 89 required parking spaces. 90 3. Land zoned for industrial, retail, school, religious, or 91 recreational use is rezoned for multifamily and mixed-use 92 residential use. There must be an additional 15 percent variance 93 or reduction in the required parking spaces. 94 (b) The Adaptive Reuse Public-Private Partnership Council 95 created in s. 163.32025 shall evaluate any current and future 96 impacts of a reduction in parking as part of its adaptive reuse 97 project evaluation performed under s. 163.32025(5)(d). 98 (5)(a) A county may exempt from the levy of ad valorem 99 taxes landowners or developers who provide for or develop land 100 for housing units that are affordable as defined in s. 101 420.0004(3) in adaptive reuse projects. 102 (b) A county shall reduce impact fees to one-third of the 103 original face value for landowners or developers who provide for 104 or develop land for housing units that are affordable as defined 105 in s. 420.0004 in adaptive reuse projects. 106 (c) A county shall exempt from the levy of sales tax, 107 discretionary sales surtax, and any tourism-related tax 108 landowners or developers of hotels or motels who operate such 109 hotels or motels as multifamily property and enter into bona 110 fide written agreements with tenants for continuous residence 111 for longer than 6 months. 112 (6) Except as otherwise provided in this section, an 113 adaptive reuse project approved under s. 163.32025 must comply 114 with all applicable state and local laws and regulations. 115 Section 2. Section 125.01057, Florida Statutes, is created 116 to read: 117 125.01057 Transitional housing ordinances.- 118 (1) Notwithstanding any other provision of law, a board of 119 county commissioners may adopt an ordinance for the purpose of 120 transitional housing to increase the supply of affordable 121 housing. 122 (2) For the development of property to be eligible as 123 transitional housing under this section, all of the following 124 criteria must be met: 125 (a) The property is a hotel or motel development that 126 accommodates 50 or more units. 127 (b) There is an existing hotel or motel footprint that 128 provides for essential living space design elements, including 129 full kitchens, full bathrooms, queen-size beds or larger, 130 electrical panels, and adequate life safety and fire suppression 131 requirements. 132 (c) The units contain minimum amenities, including full 133 kitchens with stoves, Internet access, cable television or 134 streaming service, and laundry facilities. 135 (d) Any unit that is leased for 6 months or more is subject 136 to the Florida Residential Landlord and Tenant Act. 137 (e) Any unit that is subject to lease for 6 months or more 138 is assigned an individual mailbox that meets postal requirements 139 and is located in the hotel or motel lobby or a covered outdoor 140 area. 141 (f) The property development meets the requirements of the 142 Florida Building Code and the Florida Fire Prevention Code. 143 (3) An ordinance adopted under this section must: 144 (a) Be adopted under the procedures for adoption of a 145 nonemergency ordinance by a board of county commissioners 146 specified in this chapter. 147 (b) Designate the local entity under the supervision of the 148 board of county commissioners which must develop, receive, and 149 review applications and develop notices of determination of 150 eligibility. 151 (c) Require the local entity to verify that the property 152 meets the requirements of the ordinance and forward the notice 153 to the applicant. If the local entity denies the application, it 154 must notify the applicant and include reasons for the denial. 155 (d) Require the property to meet the eligibility criteria 156 specified in paragraph (2)(a). 157 (e) Require that the deadline to submit an application be 158 published on the county’s website. 159 (f) Require the county to post on its website a list of 160 properties receiving the transitional housing designation for 161 the purpose of facilitating access to affordable housing. 162 Section 3. Section 163.32025, Florida Statutes, is created 163 to read: 164 163.32025 Adaptive Reuse Public-Private Partnership 165 Council.- 166 (1) This section may be cited as the “Adaptive Reuse 167 Initiative Act.” 168 (2) This section is intended to promote economic 169 revitalization, address affordable housing needs, and encourage 170 sustainable development by evaluating and supporting adaptive 171 reuse projects through the redevelopment of underutilized 172 property in this state. 173 (3) The Florida Housing Finance Corporation is authorized 174 to provide technical assistance to counties and municipalities 175 to support implementation of this section. 176 (4) As used in this section, the term: 177 (a) “Affordable housing” has the same meaning as in s. 178 163.3164(3). 179 (b) “Council” means the Adaptive Reuse Public-Private 180 Partnership Council. 181 (c) “Governmental agency” has the same meaning as in s. 182 163.3164(21). 183 (d) “Local planning agency” has the same meaning as in s. 184 163.3164(30). 185 (e) “Project” means an adaptive reuse project submitted for 186 approval under this section. 187 (f) “State land planning agency” means the Department of 188 Commerce. 189 (5)(a) There is created the Adaptive Reuse Public-Private 190 Partnership Council, an advisory council as defined in s. 20.03, 191 to facilitate and oversee the process of evaluating the 192 feasibility of adaptive reuse projects. 193 (b) The council is composed of 12 members, as follows: 194 1. Four members appointed by the Secretary of Commerce. 195 2. Four members appointed by the local planning agency. 196 3. Four members appointed from private sector industries, 197 such as real estate development, architecture, construction, 198 finance, and urban planning. 199 (c) Members shall elect a chair annually. 200 (d)1. The council shall meet at least biannually at the 201 call of the chair. The business of the council must be presented 202 to the council in the form of an agenda set by the chair and 203 must include project proposals submitted to the council. 204 2. Upon submission to the council of a project proposal, 205 the chair shall nominate six members of the council to perform a 206 project evaluation. The chair shall nominate one member to 207 prepare and submit a written report. The report must contain an 208 assessment of the viability of the project proposal, including 209 any reduction in parking pursuant to s. 125.01056(4)(a). 210 3. The council shall hold a public hearing to provide the 211 local community, stakeholders, and residents affected by the 212 proposed project the opportunity to be heard. 213 4. The council shall review and vote on each project 214 proposal based on the findings of the project evaluation and 215 public hearing. The council shall also consider the following 216 criteria: 217 a. Economic impact. 218 b. Housing affordability. 219 c. Environmental sustainability. 220 d. Community benefits. 221 e. Compliance with the Florida Building Code and the 222 Florida Fire Prevention Code. 223 224 Action by the council requires a majority vote of the members 225 present, and the chair shall cast the deciding vote. 226 (e) A majority of the members constitutes a quorum, and 227 action by a majority of a quorum shall be official. 228 (f) The chair of the council shall make a written report of 229 each meeting and submit the report to the state land planning 230 agency and local planning agency. Such report must include the 231 names of the members present and a record of the council’s 232 discussions and actions taken. The state land planning agency 233 shall keep the records of the meetings on file and shall make 234 the records available to any interested person or group. 235 (g) The council shall monitor each project approved by the 236 council to ensure compliance with the approved plans, the 237 Florida Building Code, and the Florida Fire Prevention Code. 238 (h) The council shall perform project evaluations on a 239 regular basis, as determined by the chair, of approved projects 240 to assess and ensure project implementation and to address any 241 issue or problem that may arise. 242 (i) A member may not receive a commission, fee, or 243 financial benefit in connection with serving on the council. 244 Council members may be reimbursed for per diem and travel 245 expenses in accordance with s. 112.061 by the state agency that 246 the member represents. If a member is not affiliated with a 247 state agency, the member shall be reimbursed by the appropriate 248 governmental agency. 249 (j) By October 31 of each year, the council shall submit a 250 report to the Governor, the President of the Senate, and the 251 Speaker of the House of Representatives summarizing the 252 activities and outcomes of the council during the preceding 253 year. 254 (6) In accordance with s. 20.052(8), this section is 255 repealed October 2, 2028, unless reviewed and saved from repeal 256 through reenactment by the Legislature. 257 Section 4. Section 166.04152, Florida Statutes, is created 258 to read: 259 166.04152 Adaptive reuse of land.- 260 (1) A municipality must authorize multifamily and mixed-use 261 residential as allowable uses in any area zoned for commercial, 262 industrial, or mixed use, or authorize hotels or motels to 263 operate unencumbered as a transitional housing use, when an 264 adaptive reuse project has been approved for the development of 265 land under s. 163.32025. 266 (2) Notwithstanding any other law, local ordinance, or 267 regulation to the contrary, a municipality may not require the 268 developer of a proposed adaptive reuse project to obtain a 269 zoning or land use change, special exception, conditional use 270 approval, variance, or comprehensive plan amendment for the 271 zoning authorized under this section. 272 (3) The Legislature intends to simplify and expedite the 273 permitting process for adaptive reuse projects that have been 274 approved for the development of land under s. 163.32025. The 275 municipal governing body shall create a program to streamline 276 the building permit and development order processes for such 277 projects in accordance with the Florida Building Code and this 278 section. 279 (4)(a) A municipality shall reduce parking requirements for 280 a proposed adaptive reuse project if: 281 1. Land zoned for commercial use as a hotel or motel is 282 rezoned for multifamily and mixed-use residential use. The 283 county shall reduce parking to the unit ratio of 1:0.75 for 284 studio units, 1:1 for single-bedroom units, and 1:1.25 for all 285 other dwelling units. 286 2. Land zoned for commercial use as an office building is 287 rezoned for multifamily and mixed-use residential use. There 288 must be an additional 20 percent variance or reduction in the 289 required parking spaces. 290 3. Land zoned for industrial, retail, school, religious, or 291 recreational use is rezoned for multifamily and mixed-use 292 residential use. There must be an additional 15 percent variance 293 or reduction in the required parking spaces. 294 (b) The Adaptive Reuse Public-Private Partnership Council 295 created in s. 163.32025 shall evaluate any current and future 296 impacts of a reduction in parking as part of its adaptive reuse 297 project evaluation under s. 163.32025(4)(d). 298 (5)(a) A municipality may exempt from the levy of ad 299 valorem taxes landowners or developers who provide for or 300 develop land for housing units that are affordable as defined in 301 s. 420.0004(3) in adaptive reuse projects. 302 (b) A municipality shall reduce impact fees to one-third of 303 the original face value for landowners or developers who provide 304 for or develop land for housing units that are affordable as 305 defined in s. 420.0004 in adaptive reuse projects. 306 (c) A municipality shall exempt from the levy of sales tax, 307 discretionary sales surtax, and any tourism-related tax 308 landowners or developers of hotels or motels who operate such 309 hotels or motels as multifamily property and enter into bona 310 fide written agreements with tenants for continuous residence 311 for longer than 6 months. 312 (6) Except as otherwise provided in this section, an 313 adaptive reuse project approved under s. 163.32025 must comply 314 with all applicable state and local laws and regulations. 315 Section 5. Section 166.04153, Florida Statutes, is created 316 to read: 317 166.04153 Transitional housing ordinances.- 318 (1) Notwithstanding any other provision of law, a municipal 319 governing body may adopt an ordinance for the purpose of 320 transitional housing to increase the supply of affordable 321 housing. 322 (2) For the development of property to be eligible as 323 transitional housing, all of the following criteria must be met: 324 (a) The property is a hotel or motel development that 325 accommodates 50 or more units. 326 (b) There is an existing hotel or motel footprint that 327 provides for essential living space design elements, including 328 full kitchens, full bathrooms, queen-size beds or larger, 329 electrical panels, and adequate life safety and fire suppression 330 requirements. 331 (c) The units contain minimum amenities, including full 332 kitchens with stoves, Internet access, cable television or 333 streaming service, and laundry facilities. 334 (d) Any unit that is leased for 6 months or more is subject 335 to the Florida Residential Landlord and Tenant Act. 336 (e) Any unit that is subject to lease for 6 months or more 337 is assigned an individual mailbox located in the hotel or motel 338 lobby or a covered outdoor area, and such mailbox meets postal 339 requirements. 340 (f) The property development meets the requirements of the 341 Florida Building Code and the Florida Fire Prevention Code. 342 (3) An ordinance adopted under this section must: 343 (a) Be adopted under the procedures for adoption of a 344 nonemergency ordinance by a municipal governing body specified 345 in this chapter. 346 (b) Designate the local entity under the supervision of the 347 governing body of a municipality which must develop, receive, 348 and review applications and develop notices of determination of 349 eligibility. 350 (c) Require the local entity to verify that the property 351 meets the requirements of the ordinance and forward the notice 352 to the applicant. If the local entity denies the application, it 353 must notify the applicant and include reasons for the denial. 354 (d) Require the property to meet the eligibility criteria 355 specified in paragraph (2)(a). 356 (e) Require that the deadline to submit an application be 357 published on the municipality’s website. 358 (f) Require the municipality to post on its website a list 359 of properties receiving the transitional housing designation for 360 the purpose of facilitating access to affordable housing. 361 Section 6. This act shall take effect July 1, 2025.