Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 1730
Ì7328549Î732854
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/08/2025 .
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The Committee on Rules (Calatayud) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 155 - 515
4 and insert:
5 administrative approval pursuant to this subsection. For the
6 purposes of this paragraph, the term “allowable density” means
7 the density prescribed for the property without additional
8 requirements to procure and transfer density units or
9 development units from other properties.
10 (f)1. A county must, upon request of an applicant, reduce
11 consider reducing parking requirements by 20 percent for a
12 proposed development authorized under this subsection if the
13 development:
14 a. Is located within one-quarter mile of a transit stop, as
15 defined in the county’s land development code, and the transit
16 stop is accessible from the development;.
17 2. A county must reduce parking requirements by at least 20
18 percent for a proposed development authorized under this
19 subsection if the development:
20 b.a. Is located within one-half mile of a major
21 transportation hub that is accessible from the proposed
22 development by safe, pedestrian-friendly means, such as
23 sidewalks, crosswalks, elevated pedestrian or bike paths, or
24 other multimodal design features; or and
25 c.b. Has available parking within 600 feet of the proposed
26 development which may consist of options such as on-street
27 parking, parking lots, or parking garages available for use by
28 residents of the proposed development. However, a county may not
29 require that the available parking compensate for the reduction
30 in parking requirements.
31 2.3. A county must eliminate parking requirements for a
32 proposed mixed-use residential development authorized under this
33 subsection within an area recognized by the county as a transit
34 oriented development or area, as provided in paragraph (h).
35 3.4. For purposes of this paragraph, the term “major
36 transportation hub” means any transit station, whether bus,
37 train, or light rail, which is served by public transit with a
38 mix of other transportation options.
39 (k) Notwithstanding any other law or local ordinance or
40 regulation to the contrary, a county may allow an adjacent
41 parcel of land to be included within a proposed multifamily
42 development authorized under this subsection.
43 (l) This subsection does not apply to:
44 1. Airport-impacted areas as provided in s. 333.03.
45 2. Property defined as recreational and commercial working
46 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
47 3. The Wekiva Study Area, as described in s. 369.316.
48 4. The Everglades Protection Area, as defined in s.
49 373.4592(2).
50 (m) The court shall give any civil action filed against a
51 county for a violation of this subsection priority over other
52 pending cases and render a preliminary or final decision as
53 expeditiously as possible.
54 (n) If a civil action is filed against a county for a
55 violation of this subsection, the court must assess and award
56 reasonable attorney fees and costs to the prevailing party. An
57 award of reasonable attorney fees or costs pursuant to this
58 subsection may not exceed $200,000. In addition, a prevailing
59 party may not recover any attorney fees or costs directly
60 incurred by or associated with litigation to determine an award
61 of reasonable attorney fees or costs.
62 (o) As used in this subsection, the term:
63 1. “Commercial use” means activities associated with the
64 sale, rental, or distribution of products or the performance of
65 services related thereto. The term includes, but is not limited
66 to, such uses or activities as retail sales; wholesale sales;
67 rentals of equipment, goods, or products; offices; restaurants;
68 public lodging establishments as described in s. 509.242(1)(a);
69 food service vendors; sports arenas; theaters; tourist
70 attractions; and other for-profit business activities. A parcel
71 zoned to permit such uses by right without the requirement to
72 obtain a variance or waiver is considered commercial use for the
73 purposes of this section, irrespective of the local land
74 development regulation’s listed category or title. The term does
75 not include home-based businesses or cottage food operations
76 undertaken on residential property, public lodging
77 establishments as described in s. 509.242(1)(c), or uses that
78 are accessory, ancillary, incidental to the allowable uses, or
79 allowed only on a temporary basis. Recreational uses, such as
80 golf courses, tennis courts, swimming pools, and clubhouses,
81 within an area designated for residential use are not commercial
82 use, irrespective of the manner in which they are operated.
83 2. “Industrial use” means activities associated with the
84 manufacture, assembly, processing, or storage of products or the
85 performance of services related thereto. The term includes, but
86 is not limited to, such uses or activities as automobile
87 manufacturing or repair, boat manufacturing or repair, junk
88 yards, meat packing facilities, citrus processing and packing
89 facilities, produce processing and packing facilities,
90 electrical generating plants, water treatment plants, sewage
91 treatment plants, and solid waste disposal sites. A parcel zoned
92 to permit such uses by right without the requirement to obtain a
93 variance or waiver is considered industrial use for the purposes
94 of this section, irrespective of the local land development
95 regulation’s listed category or title. The term does not include
96 uses that are accessory, ancillary, incidental to the allowable
97 uses, or allowed only on a temporary basis. Recreational uses,
98 such as golf courses, tennis courts, swimming pools, and
99 clubhouses, within an area designated for residential use are
100 not industrial use, irrespective of the manner in which they are
101 operated.
102 3. “Mixed use” means any use that combines multiple types
103 of approved land uses from at least two of the residential use,
104 commercial use, and industrial use categories. The term does not
105 include uses that are accessory, ancillary, incidental to the
106 allowable uses, or allowed only on a temporary basis.
107 Recreational uses, such as golf courses, tennis courts, swimming
108 pools, and clubhouses, within an area designated for residential
109 use are not mixed use, irrespective of the manner in which they
110 are operated.
111 4. “Planned unit development” has the same meaning as
112 provided in s. 163.3202(5)(b).
113 (9)(a) Except as provided in paragraphs (b) and (d), a
114 county may not enforce a building moratorium that has the effect
115 of delaying the permitting or construction of a multifamily
116 residential or mixed-use residential development authorized
117 under subsection (7).
118 (b) A county may, by ordinance, impose or enforce such a
119 building moratorium for no more than 90 days in any 3-year
120 period. Before adoption of such a building moratorium, the
121 county shall prepare or cause to be prepared an assessment of
122 the county’s need for affordable housing at the extremely-low
123 income, very-low-income, low-income, or moderate-income limits
124 specified in s. 420.0004, including projections of such need for
125 the next 5 years. This assessment must be posted on the county’s
126 website by the date the notice of proposed enactment is
127 published, and presented at the same public meeting at which the
128 proposed ordinance imposing the building moratorium is adopted
129 by the board of county commissioners. This assessment must be
130 included in the business impact estimate for the ordinance
131 imposing such a moratorium required by s. 125.66(3).
132 (c) If a civil action is filed against a county for a
133 violation of this subsection, the court must assess and award
134 reasonable attorney fees and costs to the prevailing party. An
135 award of reasonable attorney fees or costs pursuant to this
136 subsection may not exceed $200,000. In addition, a prevailing
137 party may not recover any attorney fees or costs directly
138 incurred by or associated with litigation to determine an award
139 of reasonable attorney fees or costs.
140 (d) This subsection does not apply to moratoria imposed or
141 enforced to address stormwater or flood water management, to
142 address the supply of potable water, or due to the necessary
143 repair of sanitary sewer systems, if such moratoria apply
144 equally to all types of multifamily or mixed-use residential
145 development.
146 Section 2. Present paragraph (l) of subsection (7) of
147 section 166.04151, Florida Statutes, is redesignated as
148 paragraph (p), a new paragraph (l) and paragraphs (m), (n), and
149 (o) are added to that subsection, subsection (9) is added to
150 that section, and paragraphs (a) through (f) and (k) of
151 subsection (7) of that section are amended, to read:
152 166.04151 Affordable housing.—
153 (7)(a) A municipality must authorize multifamily and mixed
154 use residential as allowable uses in any area zoned for
155 commercial, industrial, or mixed use, and in portions of any
156 flexibly zoned area such as a planned unit development permitted
157 for commercial, industrial, or mixed use, if at least 40 percent
158 of the residential units in a proposed multifamily development
159 are rental units that, for a period of at least 30 years, are
160 affordable as defined in s. 420.0004. Notwithstanding any other
161 law, local ordinance, or regulation to the contrary, a
162 municipality may not require a proposed multifamily development
163 to obtain a zoning or land use change, special exception,
164 conditional use approval, variance, transfer of density or
165 development units, amendment to a development of regional
166 impact, or comprehensive plan amendment for the building height,
167 zoning, and densities authorized under this subsection. For
168 mixed-use residential projects, at least 65 percent of the total
169 square footage must be used for residential purposes. The
170 municipality may not require that more than 10 percent of the
171 total square footage of such mixed-use residential projects be
172 used for nonresidential purposes.
173 (b) A municipality may not restrict the density of a
174 proposed development authorized under this subsection below the
175 highest currently allowed, or allowed on July 1, 2023, density
176 on any land in the municipality where residential development is
177 allowed under the municipality’s land development regulations.
178 For purposes of this paragraph, the term “highest currently
179 allowed density” does not include the density of any building
180 that met the requirements of this subsection or the density of
181 any building that has received any bonus, variance, or other
182 special exception for density provided in the municipality’s
183 land development regulations as an incentive for development.
184 (c) A municipality may not restrict the floor area ratio of
185 a proposed development authorized under this subsection below
186 150 percent of the highest currently allowed, or allowed on July
187 1, 2023, floor area ratio on any land in the municipality where
188 development is allowed under the municipality’s land development
189 regulations. For purposes of this paragraph, the term “highest
190 currently allowed floor area ratio” does not include the floor
191 area ratio of any building that met the requirements of this
192 subsection or the floor area ratio of any building that has
193 received any bonus, variance, or other special exception for
194 floor area ratio provided in the municipality’s land development
195 regulations as an incentive for development. For purposes of
196 this subsection, the term “floor area ratio” includes floor lot
197 ratio.
198 (d)1. A municipality may not restrict the height of a
199 proposed development authorized under this subsection below the
200 highest currently allowed, or allowed on July 1, 2023, height
201 for a commercial or residential building located in its
202 jurisdiction within 1 mile of the proposed development or 3
203 stories, whichever is higher. For purposes of this paragraph,
204 the term “highest currently allowed height” does not include the
205 height of any building that met the requirements of this
206 subsection or the height of any building that has received any
207 bonus, variance, or other special exception for height provided
208 in the municipality’s land development regulations as an
209 incentive for development.
210 2. If the proposed development is adjacent to, on two or
211 more sides, a parcel zoned for single-family residential use
212 that is within a single-family residential development with at
213 least 25 contiguous single-family homes, the municipality may
214 restrict the height of the proposed development to 150 percent
215 of the tallest building on any property adjacent to the proposed
216 development, the highest currently allowed, or allowed on July
217 1, 2023, height for the property provided in the municipality’s
218 land development regulations, or 3 stories, whichever is higher,
219 not to exceed 10 stories. For the purposes of this paragraph,
220 the term “adjacent to” means those properties sharing more than
221 one point of a property line, but does not include properties
222 separated by a public road or body of water, including man-made
223 lakes or ponds. For a proposed development located within a
224 municipality within an area of critical state concern as
225 designated by s. 380.0552 or chapter 28-36, Florida
226 Administrative Code, the term “story” includes only the
227 habitable space above the base flood elevation as designated by
228 the Federal Emergency Management Agency in the most current
229 Flood Insurance Rate Map. A story may not exceed 10 feet in
230 height measured from finished floor to finished floor, including
231 space for mechanical equipment. The highest story may not exceed
232 10 feet from finished floor to the top plate.
233 (e) A proposed development authorized under this subsection
234 must be administratively approved without and no further action
235 by the governing body of the municipality or any quasi-judicial
236 or administrative board or reviewing body is required if the
237 development satisfies the municipality’s land development
238 regulations for multifamily developments in areas zoned for such
239 use and is otherwise consistent with the comprehensive plan,
240 with the exception of provisions establishing allowable
241 densities, floor area ratios, height, and land use. Such land
242 development regulations include, but are not limited to,
243 regulations relating to setbacks and parking requirements. A
244 proposed development located within one-quarter mile of a
245 military installation identified in s. 163.3175(2) may not be
246 administratively approved. Each municipality shall maintain on
247 its website a policy containing procedures and expectations for
248 administrative approval pursuant to this subsection. For the
249 purposes of this paragraph, the term “allowable density” means
250 the density prescribed for the property without additional
251 requirements to procure and transfer density units or
252 development units from other properties.
253 (f)1. A municipality must, upon request of an applicant,
254 reduce consider reducing parking requirements for a proposed
255 development authorized under this subsection by 20 percent if
256 the development:
257 a. Is located within one-quarter mile of a transit stop, as
258 defined in the municipality’s land development code, and the
259 transit stop is accessible from the development;.
260 2. A municipality must reduce parking requirements by at
261 least 20 percent for a proposed development authorized under
262 this subsection if the development:
263 b.a. Is located within one-half mile of a major
264 transportation hub that is accessible from the proposed
265 development by safe, pedestrian-friendly means, such as
266 sidewalks, crosswalks, elevated pedestrian or bike paths, or
267 other multimodal design features; or.
268 c.b. Has available parking within 600 feet of the proposed
269 development which may consist of options such as on-street
270 parking, parking lots, or parking garages available for use by
271 residents of the proposed development. However, a municipality
272 may not require that the available parking compensate for the
273 reduction in parking requirements.
274 2.3. A municipality must eliminate parking requirements for
275 a proposed mixed-use residential development authorized under
276 this subsection within an area recognized by the municipality as
277 a transit-oriented development or area, as provided in paragraph
278 (h).
279 3.4. For purposes of this paragraph, the term “major
280 transportation hub” means any transit station, whether bus,
281 train, or light rail, which is served by public transit with a
282 mix of other transportation options.
283 (k) Notwithstanding any other law or local ordinance or
284 regulation to the contrary, a municipality may allow an adjacent
285 parcel of land to be included within a proposed multifamily
286 development authorized under this subsection.
287 (l) This subsection does not apply to:
288 1. Airport-impacted areas as provided in s. 333.03.
289 2. Property defined as recreational and commercial working
290 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
291 3. The Wekiva Study Area, as described in s. 369.316.
292 4. The Everglades Protection Area, as defined in s.
293 373.4592(2).
294 (m) The court shall give any civil action filed against a
295 municipality for a violation of this subsection priority over
296 other pending cases and render a preliminary or final decision
297 as expeditiously as possible.
298 (n) If a civil action is filed against a municipality for a
299 violation of this subsection, the court must assess and award
300 reasonable attorney fees and costs to the prevailing party. An
301 award of reasonable attorney fees or costs pursuant to this
302 subsection may not exceed $200,000. In addition, a prevailing
303 party may not recover any attorney fees or costs directly
304 incurred by or associated with litigation to determine an award
305 of reasonable attorney fees or costs.
306 (o) As used in this subsection, the term:
307 1. “Commercial use” means activities associated with the
308 sale, rental, or distribution of products or the performance of
309 services related thereto. The term includes, but is not limited
310 to, such uses or activities as retail sales; wholesale sales;
311 rentals of equipment, goods, or products; offices; restaurants;
312 public lodging establishments as described in s. 509.242(1)(a);
313 food service vendors; sports arenas; theaters; tourist
314 attractions; and other for-profit business activities. A parcel
315 zoned to permit such uses by right without the requirement to
316 obtain a variance or waiver is considered commercial use for the
317 purposes of this section, irrespective of the local land
318 development regulation’s listed category or title. The term does
319 not include home-based businesses or cottage food operations
320 undertaken on residential property, public lodging
321 establishments as described in s. 509.242(1)(c), or uses that
322 are accessory, ancillary, incidental to the allowable uses, or
323 allowed only on a temporary basis. Recreational uses, such as
324 golf courses, tennis courts, swimming pools, and clubhouses,
325 within an area designated for residential use are not commercial
326 use, irrespective of the manner in which they are operated.
327 2. “Industrial use” means activities associated with the
328 manufacture, assembly, processing, or storage of products or the
329 performance of services related thereto. The term includes, but
330 is not limited to, such uses or activities as automobile
331 manufacturing or repair, boat manufacturing or repair, junk
332 yards, meat packing facilities, citrus processing and packing
333 facilities, produce processing and packing facilities,
334 electrical generating plants, water treatment plants, sewage
335 treatment plants, and solid waste disposal sites. A parcel zoned
336 to permit such uses by right without the requirement to obtain a
337 variance or waiver is considered industrial use for the purposes
338 of this section, irrespective of the local land development
339 regulation’s listed category or title. The term does not include
340 uses that are accessory, ancillary, incidental to the allowable
341 uses, or allowed only on a temporary basis. Recreational uses,
342 such as golf courses, tennis courts, swimming pools, and
343 clubhouses, within an area designated for residential use are
344 not industrial, irrespective of the manner in which they are
345 operated.
346 3. “Mixed-use” means any use that combines multiple types
347 of approved land uses from at least two of the residential use,
348 commercial use, and industrial use categories. The term does not
349 include uses that are accessory, ancillary, incidental to the
350 allowable uses, or allowed only on a temporary basis.
351 Recreational uses, such as golf courses, tennis courts, swimming
352 pools, and clubhouses, within an area designated for residential
353 use are not mixed use, irrespective of the manner in which they
354 are operated.
355 4. “Planned unit development” has the same meaning as
356 provided in s. 163.3202(5)(b).
357 (9)(a) Except as provided in paragraphs (b) and (d), a
358 municipality may not enforce a building moratorium that has the
359 effect of delaying the permitting or construction of a
360 multifamily residential or mixed-use residential development
361 authorized under subsection (7).
362 (b) A municipality may, by ordinance, impose or enforce
363 such a building moratorium for no more than 90 days in any 3
364 year period. Before adoption of such a building moratorium, the
365 municipality shall prepare or cause to be prepared an assessment
366 of the municipality’s need for affordable housing at the
367 extremely-low-income, very-low-income, low-income, or moderate
368 income limits specified in s. 420.0004, including projections of
369 such need for the next 5 years. This assessment must be posted
370 on the municipality’s website by the date the notice of proposed
371 enactment is published and must be presented at the same public
372 meeting at which the proposed ordinance imposing the building
373 moratorium is adopted by the governing body of the municipality.
374 This assessment must be included in the business impact estimate
375 for the ordinance imposing such a moratorium required by s.
376 166.041(4).
377 (c) If a civil action is filed against a municipality for a
378 violation of this subsection, the court must assess and award
379 reasonable attorney fees and costs to the prevailing party. An
380 award of reasonable attorney fees or costs pursuant to this
381 subsection may not exceed $200,000. In addition, a prevailing
382 party may not recover any attorney fees or costs directly
383 incurred by or associated with litigation to determine an award
384 of reasonable attorney fees or costs.
385 (d) This subsection does not apply to moratoria imposed or
386 enforced to address stormwater or flood water management, to
387 address the supply of potable water, or due to the necessary
388 repair of sanitary sewer systems, if such moratoria
389
390 ================= T I T L E A M E N D M E N T ================
391 And the title is amended as follows:
392 Delete line 15
393 and insert:
394 developments; defining the term “story” for a proposed
395 development located within a municipality within a
396 certain area of critical state concern; requiring the
397 administrative approval of