Florida Senate - 2025                             CS for SB 1730
       
       
        
       By the Committee on Community Affairs; and Senator Calatayud
       
       
       
       
       
       578-03104-25                                          20251730c1
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending ss.
    3         125.01055 and 166.04151, F.S.; requiring counties and
    4         municipalities, respectively, to authorize multifamily
    5         and mixed-use residential as allowable uses in
    6         portions of flexibly zoned areas under certain
    7         circumstances; prohibiting counties and municipalities
    8         from imposing certain requirements on proposed
    9         multifamily developments; prohibiting counties and
   10         municipalities from requiring that more than a
   11         specified percentage of a mixed-use residential
   12         project be used for certain purposes; revising the
   13         density, floor area ratio, or height below which
   14         counties and municipalities may not restrict certain
   15         developments; requiring the administrative approval of
   16         certain proposed developments without further action
   17         by a quasi-judicial or administrative board or
   18         reviewing body under certain circumstances; requiring
   19         counties and municipalities to reduce parking
   20         requirements by a specified percentage for certain
   21         proposed developments under certain circumstances;
   22         requiring counties and municipalities to allow
   23         adjacent parcels of land to be included within certain
   24         proposed developments; revising applicability;
   25         requiring a court to give priority to and render
   26         expeditious decisions in certain civil actions;
   27         requiring a court to award reasonable attorney fees
   28         and costs to a prevailing party in certain civil
   29         actions; providing that such attorney fees or costs
   30         may not exceed a specified dollar amount; prohibiting
   31         the prevailing party from recovering certain other
   32         fees or costs; defining terms; prohibiting counties
   33         and municipalities from imposing certain building
   34         moratoriums; providing an exception, subject to
   35         certain requirements; providing applicability;
   36         authorizing applicants for certain proposed
   37         developments to notify the county or municipality, as
   38         applicable, by a specified date of its intent to
   39         proceed under certain provisions; requiring counties
   40         and municipalities to allow certain applicants to
   41         submit revised applications, written requests, and
   42         notices of intent to account for changes made by the
   43         act; amending s. 380.0552, F.S.; revising the maximum
   44         hurricane evacuation clearance time for permanent
   45         residents, which time is an element for which
   46         amendments to local comprehensive plans in the Florida
   47         Keys Area must be reviewed for compliance; providing
   48         legislative intent; creating s. 420.5098, F.S.;
   49         providing legislative findings and intent; defining
   50         terms; providing that it is the policy of the state to
   51         support housing for certain employees and to permit
   52         developers in receipt of certain tax credits and funds
   53         to create a specified preference for housing certain
   54         employees; requiring that such preference conform to
   55         certain requirements; amending s. 760.26, F.S.;
   56         providing that it is unlawful to discriminate in land
   57         use decisions or in the permitting of development
   58         based on the specified nature of a development or
   59         proposed development; providing an effective date.
   60          
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Present paragraph (l) of subsection (7) of
   64  section 125.01055, Florida Statutes, is redesignated as
   65  paragraph (p), a new paragraph (l) and paragraphs (m), (n), and
   66  (o) are added to that subsection, subsection (9) is added to
   67  that section, and paragraphs (a) through (f) and (k) of
   68  subsection (7) of that section are amended, to read:
   69         125.01055 Affordable housing.—
   70         (7)(a) A county must authorize multifamily and mixed-use
   71  residential as allowable uses in any area zoned for commercial,
   72  industrial, or mixed use, and in portions of any flexibly zoned
   73  area such as a planned unit development permitted for
   74  commercial, industrial, or mixed use, if at least 40 percent of
   75  the residential units in a proposed multifamily development are
   76  rental units that, for a period of at least 30 years, are
   77  affordable as defined in s. 420.0004. Notwithstanding any other
   78  law, local ordinance, or regulation to the contrary, a county
   79  may not require a proposed multifamily development to obtain a
   80  zoning or land use change, special exception, conditional use
   81  approval, variance, transfer of density or development units,
   82  amendment to a development of regional impact, or comprehensive
   83  plan amendment for the building height, zoning, and densities
   84  authorized under this subsection. For mixed-use residential
   85  projects, at least 65 percent of the total square footage must
   86  be used for residential purposes. The county may not require
   87  that more than 10 percent of the total square footage of such
   88  mixed-use residential projects be used for nonresidential
   89  purposes.
   90         (b) A county may not restrict the density of a proposed
   91  development authorized under this subsection below the highest
   92  currently allowed, or allowed on July 1, 2023, density on any
   93  unincorporated land in the county where residential development
   94  is allowed under the county’s land development regulations. For
   95  purposes of this paragraph, the term “highest currently allowed
   96  density” does not include the density of any building that met
   97  the requirements of this subsection or the density of any
   98  building that has received any bonus, variance, or other special
   99  exception for density provided in the county’s land development
  100  regulations as an incentive for development.
  101         (c) A county may not restrict the floor area ratio of a
  102  proposed development authorized under this subsection below 150
  103  percent of the highest currently allowed, or allowed on July 1,
  104  2023, floor area ratio on any unincorporated land in the county
  105  where development is allowed under the county’s land development
  106  regulations. For purposes of this paragraph, the term “highest
  107  currently allowed floor area ratio” does not include the floor
  108  area ratio of any building that met the requirements of this
  109  subsection or the floor area ratio of any building that has
  110  received any bonus, variance, or other special exception for
  111  floor area ratio provided in the county’s land development
  112  regulations as an incentive for development. For purposes of
  113  this subsection, the term “floor area ratio” includes floor lot
  114  ratio.
  115         (d)1. A county may not restrict the height of a proposed
  116  development authorized under this subsection below the highest
  117  currently allowed, or allowed on July 1, 2023, height for a
  118  commercial or residential building located in its jurisdiction
  119  within 1 mile of the proposed development or 3 stories,
  120  whichever is higher. For purposes of this paragraph, the term
  121  “highest currently allowed height” does not include the height
  122  of any building that met the requirements of this subsection or
  123  the height of any building that has received any bonus,
  124  variance, or other special exception for height provided in the
  125  county’s land development regulations as an incentive for
  126  development.
  127         2. If the proposed development is adjacent to, on two or
  128  more sides, a parcel zoned for single-family residential use
  129  which is within a single-family residential development with at
  130  least 25 contiguous single-family homes, the county may restrict
  131  the height of the proposed development to 150 percent of the
  132  tallest building on any property adjacent to the proposed
  133  development, the highest currently allowed, or allowed on July
  134  1, 2023, height for the property provided in the county’s land
  135  development regulations, or 3 stories, whichever is higher, but
  136  not to exceed 10 stories. For the purposes of this paragraph,
  137  the term “adjacent to” means those properties sharing more than
  138  one point of a property line, but does not include properties
  139  separated by a public road.
  140         (e) A proposed development authorized under this subsection
  141  must be administratively approved without and no further action
  142  by the board of county commissioners or any quasi-judicial or
  143  administrative board or reviewing body is required if the
  144  development satisfies the county’s land development regulations
  145  for multifamily developments in areas zoned for such use and is
  146  otherwise consistent with the comprehensive plan, with the
  147  exception of provisions establishing allowable densities, floor
  148  area ratios, height, and land use. Such land development
  149  regulations include, but are not limited to, regulations
  150  relating to setbacks and parking requirements. A proposed
  151  development located within one-quarter mile of a military
  152  installation identified in s. 163.3175(2) may not be
  153  administratively approved. Each county shall maintain on its
  154  website a policy containing procedures and expectations for
  155  administrative approval pursuant to this subsection.
  156         (f)1. A county must, upon request of an applicant, reduce
  157  consider reducing parking requirements by 20 percent for a
  158  proposed development authorized under this subsection if the
  159  development:
  160         a. Is located within one-quarter mile of a transit stop, as
  161  defined in the county’s land development code, and the transit
  162  stop is accessible from the development;.
  163         2. A county must reduce parking requirements by at least 20
  164  percent for a proposed development authorized under this
  165  subsection if the development:
  166         b.a. Is located within one-half mile of a major
  167  transportation hub that is accessible from the proposed
  168  development by safe, pedestrian-friendly means, such as
  169  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  170  other multimodal design features; or and
  171         c.b. Has available parking within 600 feet of the proposed
  172  development which may consist of options such as on-street
  173  parking, parking lots, or parking garages available for use by
  174  residents of the proposed development. However, a county may not
  175  require that the available parking compensate for the reduction
  176  in parking requirements.
  177         2.3. A county must eliminate parking requirements for a
  178  proposed mixed-use residential development authorized under this
  179  subsection within an area recognized by the county as a transit
  180  oriented development or area, as provided in paragraph (h).
  181         3.4. For purposes of this paragraph, the term “major
  182  transportation hub” means any transit station, whether bus,
  183  train, or light rail, which is served by public transit with a
  184  mix of other transportation options.
  185         (k) Notwithstanding any other law or local ordinance or
  186  regulation to the contrary, a county may allow an adjacent
  187  parcel of land to be included within a proposed multifamily
  188  development authorized under this subsection.
  189         (l) This subsection does not apply to:
  190         1. Airport-impacted areas as provided in s. 333.03.
  191         2. Property defined as recreational and commercial working
  192  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
  193         3. The Wekiva Study Area, as described in s. 369.316.
  194         4. The Everglades Protection Area, as defined in s.
  195  373.4592(2).
  196         (m) The court shall give any civil action filed against a
  197  county for a violation of this subsection priority over other
  198  pending cases and render a preliminary or final decision as
  199  expeditiously as possible.
  200         (n) If a civil action is filed against a county for a
  201  violation of this subsection, the court must assess and award
  202  reasonable attorney fees and costs to the prevailing party. An
  203  award of reasonable attorney fees or costs pursuant to this
  204  subsection may not exceed $200,000. In addition, a prevailing
  205  party may not recover any attorney fees or costs directly
  206  incurred by or associated with litigation to determine an award
  207  of reasonable attorney fees or costs.
  208         (o) As used in this subsection, the term:
  209         1. “Commercial use” means activities associated with the
  210  sale, rental, or distribution of products or the performance of
  211  services related thereto. The term includes, but is not limited
  212  to, such uses or activities as retail sales; wholesale sales;
  213  rentals of equipment, goods, or products; offices; restaurants;
  214  food service vendors; sports arenas; theaters; tourist
  215  attractions; and other for-profit business activities. A parcel
  216  zoned to permit such uses by right without the requirement to
  217  obtain a variance or waiver is considered commercial use for the
  218  purposes of this section, irrespective of the local land
  219  development regulation’s listed category or title. The term does
  220  not include home-based businesses or cottage food operations
  221  undertaken on residential property, uses that are accessory,
  222  ancillary, incidental to the allowable uses, or allowed only on
  223  a temporary basis. Recreational uses, such as golf courses,
  224  tennis courts, swimming pools, and clubhouses, within an area
  225  designated for residential use are not commercial use,
  226  irrespective of the manner in which they are operated.
  227         2. “Industrial use” means activities associated with the
  228  manufacture, assembly, processing, or storage of products or the
  229  performance of services related thereto. The term includes, but
  230  is not limited to, such uses or activities as automobile
  231  manufacturing or repair, boat manufacturing or repair, junk
  232  yards, meat packing facilities, citrus processing and packing
  233  facilities, produce processing and packing facilities,
  234  electrical generating plants, water treatment plants, sewage
  235  treatment plants, and solid waste disposal sites. A parcel zoned
  236  to permit such uses by right without the requirement to obtain a
  237  variance or waiver is considered industrial use for the purposes
  238  of this section, irrespective of the local land development
  239  regulation’s listed category or title. The term does not include
  240  uses that are accessory, ancillary, incidental to the allowable
  241  uses, or allowed only on a temporary basis. Recreational uses,
  242  such as golf courses, tennis courts, swimming pools, and
  243  clubhouses, within an area designated for residential use are
  244  not industrial use, irrespective of the manner in which they are
  245  operated.
  246         3. “Mixed use” means any use that combines multiple types
  247  of approved land uses from at least two of the residential use,
  248  commercial use, and industrial use categories. The term does not
  249  include uses that are accessory, ancillary, incidental to the
  250  allowable uses, or allowed only on a temporary basis.
  251  Recreational uses, such as golf courses, tennis courts, swimming
  252  pools, and clubhouses, within an area designated for residential
  253  use are not mixed use, irrespective of the manner in which they
  254  are operated.
  255         4. “Planned unit development” has the same meaning as
  256  provided in s. 163.3202(5)(b).
  257         (9)(a) A county may not impose a building moratorium that
  258  has the effect of delaying the permitting or construction of a
  259  multifamily residential or mixed-use residential development
  260  authorized under subsection (7) except as provided in paragraph
  261  (b).
  262         (b) A county may, by ordinance, impose such a building
  263  moratorium for no more than 90 days in any 3-year period. Before
  264  adoption of such a building moratorium, the county shall prepare
  265  or cause to be prepared an assessment of the county’s need for
  266  affordable housing at the extremely-low-income, very-low-income,
  267  low-income, or moderate-income limits specified in s. 420.0004,
  268  including projections of such need for the next 5 years. This
  269  assessment must be posted on the county’s website by the date
  270  the notice of proposed enactment is published, and presented at
  271  the same public meeting at which the proposed ordinance imposing
  272  the building moratorium is adopted by the board of county
  273  commissioners. This assessment must be included in the business
  274  impact estimate for the ordinance imposing such a moratorium
  275  required by s. 125.66(3).
  276         (c) If a civil action is filed against a county for a
  277  violation of this subsection, the court must assess and award
  278  reasonable attorney fees and costs to the prevailing party. An
  279  award of reasonable attorney fees or costs pursuant to this
  280  subsection may not exceed $200,000. In addition, a prevailing
  281  party may not recover any attorney fees or costs directly
  282  incurred by or associated with litigation to determine an award
  283  of reasonable attorney fees or costs.
  284         (d) This subsection does not apply to moratoria imposed due
  285  to unavailability of public facilities or services or imposed to
  286  address stormwater or flood water management, if such moratoria
  287  apply equally to all types of multifamily or mixed-use
  288  residential development.
  289         Section 2. Present paragraph (l) of subsection (7) of
  290  section 166.04151, Florida Statutes, is redesignated as
  291  paragraph (p), a new paragraph (l) and paragraphs (m), (n), and
  292  (o) are added to that subsection, subsection (9) is added to
  293  that section, and paragraphs (a) through (f) and (k) of
  294  subsection (7) of that section are amended, to read:
  295         166.04151 Affordable housing.—
  296         (7)(a) A municipality must authorize multifamily and mixed
  297  use residential as allowable uses in any area zoned for
  298  commercial, industrial, or mixed use, and in portions of any
  299  flexibly zoned area such as a planned unit development permitted
  300  for commercial, industrial, or mixed use, if at least 40 percent
  301  of the residential units in a proposed multifamily development
  302  are rental units that, for a period of at least 30 years, are
  303  affordable as defined in s. 420.0004. Notwithstanding any other
  304  law, local ordinance, or regulation to the contrary, a
  305  municipality may not require a proposed multifamily development
  306  to obtain a zoning or land use change, special exception,
  307  conditional use approval, variance, transfer of density or
  308  development units, amendment to a development of regional
  309  impact, or comprehensive plan amendment for the building height,
  310  zoning, and densities authorized under this subsection. For
  311  mixed-use residential projects, at least 65 percent of the total
  312  square footage must be used for residential purposes. The
  313  municipality may not require that more than 10 percent of the
  314  total square footage of such mixed-use residential projects be
  315  used for nonresidential purposes.
  316         (b) A municipality may not restrict the density of a
  317  proposed development authorized under this subsection below the
  318  highest currently allowed, or allowed on July 1, 2023, density
  319  on any land in the municipality where residential development is
  320  allowed under the municipality’s land development regulations.
  321  For purposes of this paragraph, the term “highest currently
  322  allowed density” does not include the density of any building
  323  that met the requirements of this subsection or the density of
  324  any building that has received any bonus, variance, or other
  325  special exception for density provided in the municipality’s
  326  land development regulations as an incentive for development.
  327         (c) A municipality may not restrict the floor area ratio of
  328  a proposed development authorized under this subsection below
  329  150 percent of the highest currently allowed, or allowed on July
  330  1, 2023, floor area ratio on any land in the municipality where
  331  development is allowed under the municipality’s land development
  332  regulations. For purposes of this paragraph, the term “highest
  333  currently allowed floor area ratio” does not include the floor
  334  area ratio of any building that met the requirements of this
  335  subsection or the floor area ratio of any building that has
  336  received any bonus, variance, or other special exception for
  337  floor area ratio provided in the municipality’s land development
  338  regulations as an incentive for development. For purposes of
  339  this subsection, the term “floor area ratio” includes floor lot
  340  ratio.
  341         (d)1. A municipality may not restrict the height of a
  342  proposed development authorized under this subsection below the
  343  highest currently allowed, or allowed on July 1, 2023, height
  344  for a commercial or residential building located in its
  345  jurisdiction within 1 mile of the proposed development or 3
  346  stories, whichever is higher. For purposes of this paragraph,
  347  the term “highest currently allowed height” does not include the
  348  height of any building that met the requirements of this
  349  subsection or the height of any building that has received any
  350  bonus, variance, or other special exception for height provided
  351  in the municipality’s land development regulations as an
  352  incentive for development.
  353         2. If the proposed development is adjacent to, on two or
  354  more sides, a parcel zoned for single-family residential use
  355  that is within a single-family residential development with at
  356  least 25 contiguous single-family homes, the municipality may
  357  restrict the height of the proposed development to 150 percent
  358  of the tallest building on any property adjacent to the proposed
  359  development, the highest currently allowed, or allowed on July
  360  1, 2023, height for the property provided in the municipality’s
  361  land development regulations, or 3 stories, whichever is higher,
  362  not to exceed 10 stories. For the purposes of this paragraph,
  363  the term “adjacent to” means those properties sharing more than
  364  one point of a property line, but does not include properties
  365  separated by a public road or body of water, including man-made
  366  lakes or ponds.
  367         (e) A proposed development authorized under this subsection
  368  must be administratively approved without and no further action
  369  by the governing body of the municipality or any quasi-judicial
  370  or administrative board or reviewing body is required if the
  371  development satisfies the municipality’s land development
  372  regulations for multifamily developments in areas zoned for such
  373  use and is otherwise consistent with the comprehensive plan,
  374  with the exception of provisions establishing allowable
  375  densities, floor area ratios, height, and land use. Such land
  376  development regulations include, but are not limited to,
  377  regulations relating to setbacks and parking requirements. A
  378  proposed development located within one-quarter mile of a
  379  military installation identified in s. 163.3175(2) may not be
  380  administratively approved. Each municipality shall maintain on
  381  its website a policy containing procedures and expectations for
  382  administrative approval pursuant to this subsection.
  383         (f)1. A municipality must, upon request of an applicant,
  384  reduce consider reducing parking requirements for a proposed
  385  development authorized under this subsection by 20 percent if
  386  the development:
  387         a. Is located within one-quarter mile of a transit stop, as
  388  defined in the municipality’s land development code, and the
  389  transit stop is accessible from the development;.
  390         2. A municipality must reduce parking requirements by at
  391  least 20 percent for a proposed development authorized under
  392  this subsection if the development:
  393         b.a. Is located within one-half mile of a major
  394  transportation hub that is accessible from the proposed
  395  development by safe, pedestrian-friendly means, such as
  396  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  397  other multimodal design features; or.
  398         c.b. Has available parking within 600 feet of the proposed
  399  development which may consist of options such as on-street
  400  parking, parking lots, or parking garages available for use by
  401  residents of the proposed development. However, a municipality
  402  may not require that the available parking compensate for the
  403  reduction in parking requirements.
  404         2.3. A municipality must eliminate parking requirements for
  405  a proposed mixed-use residential development authorized under
  406  this subsection within an area recognized by the municipality as
  407  a transit-oriented development or area, as provided in paragraph
  408  (h).
  409         3.4. For purposes of this paragraph, the term “major
  410  transportation hub” means any transit station, whether bus,
  411  train, or light rail, which is served by public transit with a
  412  mix of other transportation options.
  413         (k) Notwithstanding any other law or local ordinance or
  414  regulation to the contrary, a municipality may allow an adjacent
  415  parcel of land to be included within a proposed multifamily
  416  development authorized under this subsection.
  417         (l) This subsection does not apply to:
  418         1. Airport-impacted areas as provided in s. 333.03.
  419         2. Property defined as recreational and commercial working
  420  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
  421         3. The Wekiva Study Area, as described in s. 369.316.
  422         4. The Everglades Protection Area, as defined in s.
  423  373.4592(2).
  424         (m) The court shall give any civil action filed against a
  425  municipality for a violation of this subsection priority over
  426  other pending cases and render a preliminary or final decision
  427  as expeditiously as possible.
  428         (n) If a civil action is filed against a municipality for a
  429  violation of this subsection, the court must assess and award
  430  reasonable attorney fees and costs to the prevailing party. An
  431  award of reasonable attorney fees or costs pursuant to this
  432  subsection may not exceed $200,000. In addition, a prevailing
  433  party may not recover any attorney fees or costs directly
  434  incurred by or associated with litigation to determine an award
  435  of reasonable attorney fees or costs.
  436         (o) As used in this subsection, the term:
  437         1. “Commercial use” means activities associated with the
  438  sale, rental, or distribution of products or the performance of
  439  services related thereto. The term includes, but is not limited
  440  to, such uses or activities as retail sales; wholesale sales;
  441  rentals of equipment, goods, or products; offices; restaurants;
  442  food service vendors; sports arenas; theaters; tourist
  443  attractions; and other for-profit business activities. A parcel
  444  zoned to permit such uses by right without the requirement to
  445  obtain a variance or waiver is considered commercial use for the
  446  purposes of this section, irrespective of the local land
  447  development regulation’s listed category or title. The term does
  448  not include home-based businesses or cottage food operations
  449  undertaken on residential property, uses that are accessory,
  450  ancillary, incidental to the allowable uses, or allowed only on
  451  a temporary basis. Recreational uses, such as golf courses,
  452  tennis courts, swimming pools, and clubhouses, within an area
  453  designated for residential use are not commercial use,
  454  irrespective of the manner in which they are operated.
  455         2. “Industrial use” means activities associated with the
  456  manufacture, assembly, processing, or storage of products or the
  457  performance of services related thereto. The term includes, but
  458  is not limited to, such uses or activities as automobile
  459  manufacturing or repair, boat manufacturing or repair, junk
  460  yards, meat packing facilities, citrus processing and packing
  461  facilities, produce processing and packing facilities,
  462  electrical generating plants, water treatment plants, sewage
  463  treatment plants, and solid waste disposal sites. A parcel zoned
  464  to permit such uses by right without the requirement to obtain a
  465  variance or waiver is considered industrial use for the purposes
  466  of this section, irrespective of the local land development
  467  regulation’s listed category or title. The term does not include
  468  uses that are accessory, ancillary, incidental to the allowable
  469  uses, or allowed only on a temporary basis. Recreational uses,
  470  such as golf courses, tennis courts, swimming pools, and
  471  clubhouses, within an area designated for residential use are
  472  not industrial, irrespective of the manner in which they are
  473  operated.
  474         3. “Mixed-use” means any use that combines multiple types
  475  of approved land uses from at least two of the residential use,
  476  commercial use, and industrial use categories. The term does not
  477  include uses that are accessory, ancillary, incidental to the
  478  allowable uses, or allowed only on a temporary basis.
  479  Recreational uses, such as golf courses, tennis courts, swimming
  480  pools, and clubhouses, within an area designated for residential
  481  use are not mixed use, irrespective of the manner in which they
  482  are operated.
  483         4. “Planned unit development” has the same meaning as
  484  provided in s. 163.3202(5)(b).
  485         (9)(a) A municipality may not impose a building moratorium
  486  that has the effect of delaying the permitting or construction
  487  of a multifamily residential or mixed-use residential
  488  development authorized under subsection (7) except as provided
  489  in paragraph (b).
  490         (b) A municipality may, by ordinance, impose such a
  491  building moratorium for no more than 90 days in any 3-year
  492  period. Before adoption of such a building moratorium, the
  493  municipality shall prepare or cause to be prepared an assessment
  494  of the municipality’s need for affordable housing at the
  495  extremely-low-income, very-low-income, low-income, or moderate
  496  income limits specified in s. 420.0004, including projections of
  497  such need for the next 5 years. This assessment must be posted
  498  on the municipality’s website by the date the notice of proposed
  499  enactment is published and must be presented at the same public
  500  meeting at which the proposed ordinance imposing the building
  501  moratorium is adopted by the governing body of the municipality.
  502  This assessment must be included in the business impact estimate
  503  for the ordinance imposing such a moratorium required by s.
  504  166.041(4).
  505         (c) If a civil action is filed against a municipality for a
  506  violation of this subsection, the court must assess and award
  507  reasonable attorney fees and costs to the prevailing party. An
  508  award of reasonable attorney fees or costs pursuant to this
  509  subsection may not exceed $200,000. In addition, a prevailing
  510  party may not recover any attorney fees or costs directly
  511  incurred by or associated with litigation to determine an award
  512  of reasonable attorney fees or costs.
  513         (d) This subsection does not apply to moratoria imposed due
  514  to unavailability of public facilities or services or imposed to
  515  address stormwater or flood water management, if such moratoria
  516  apply equally to all types of multifamily or mixed-use
  517  residential development.
  518         Section 3. An applicant for a proposed development
  519  authorized under s. 125.01055(7), Florida Statutes, or s.
  520  166.04151(7), Florida Statutes, who submitted an application,
  521  written request, or notice of intent to use such provisions to
  522  the county or municipality and which application, written
  523  request, or notice of intent has been received by the county or
  524  municipality, as applicable, before July 1, 2025, may notify the
  525  county or municipality by July 1, 2025, of its intent to proceed
  526  under the provisions of s. 125.01055(7), Florida Statutes, or s.
  527  166.04151(7), Florida Statutes, as they existed at the time of
  528  submittal. A county or municipality, as applicable, shall allow
  529  an applicant who submitted such application, written request, or
  530  notice of intent before July 1, 2025, the opportunity to submit
  531  a revised application, written request, or notice of intent to
  532  account for the changes made by this act.
  533         Section 4. Paragraph (a) of subsection (9) of section
  534  380.0552, Florida Statutes, is amended to read:
  535         380.0552 Florida Keys Area; protection and designation as
  536  area of critical state concern.—
  537         (9) MODIFICATION TO PLANS AND REGULATIONS.—
  538         (a) Any land development regulation or element of a local
  539  comprehensive plan in the Florida Keys Area may be enacted,
  540  amended, or rescinded by a local government, but the enactment,
  541  amendment, or rescission becomes effective only upon approval by
  542  the state land planning agency. The state land planning agency
  543  shall review the proposed change to determine if it is in
  544  compliance with the principles for guiding development specified
  545  in chapter 27F-8, Florida Administrative Code, as amended
  546  effective August 23, 1984, and must approve or reject the
  547  requested changes within 60 days after receipt. Amendments to
  548  local comprehensive plans in the Florida Keys Area must also be
  549  reviewed for compliance with the following:
  550         1. Construction schedules and detailed capital financing
  551  plans for wastewater management improvements in the annually
  552  adopted capital improvements element, and standards for the
  553  construction of wastewater treatment and disposal facilities or
  554  collection systems that meet or exceed the criteria in s.
  555  403.086(11) for wastewater treatment and disposal facilities or
  556  s. 381.0065(4)(l) for onsite sewage treatment and disposal
  557  systems.
  558         2. Goals, objectives, and policies to protect public safety
  559  and welfare in the event of a natural disaster by maintaining a
  560  hurricane evacuation clearance time for permanent residents of
  561  no more than 26 24 hours. The hurricane evacuation clearance
  562  time shall be determined by a hurricane evacuation study
  563  conducted in accordance with a professionally accepted
  564  methodology and approved by the state land planning agency. For
  565  purposes of hurricane evacuation clearance time:
  566         a. Mobile home residents are not considered permanent
  567  residents.
  568         b. The City of Key West Area of Critical State Concern
  569  established by chapter 28-36, Florida Administrative Code, shall
  570  be included in the hurricane evacuation study and is subject to
  571  the evacuation requirements of this subsection.
  572         Section 5. It is the intent of the Legislature that the
  573  amendment made by this act to s. 380.0552, Florida Statutes,
  574  will accommodate the building of additional developments within
  575  the Florida Keys to ameliorate the acute affordable housing and
  576  building permit allocation shortage. The Legislature also
  577  intends that local governments subject to the hurricane
  578  evacuation clearance time restrictions on residential buildings
  579  manage growth with a heightened focus on long-term stability and
  580  affordable housing for the local workforce.
  581         Section 6. Section 420.5098, Florida Statutes, is created
  582  to read:
  583         420.5098 Public sector and hospital employer-sponsored
  584  housing policy.—
  585         (1) The Legislature finds that it is in the best interests
  586  of the state and the state’s economy to provide affordable
  587  housing to state residents employed by hospitals, health care
  588  facilities, and governmental entities in order to attract and
  589  maintain the highest quality labor by incentivizing such
  590  employers to sponsor affordable housing opportunities. Section
  591  42(g)(9)(B) of the Internal Revenue Code provides that a
  592  qualified low-income housing project does not fail to meet the
  593  general public use requirement solely because of occupancy
  594  restrictions or preferences that favor tenants who are members
  595  of a specified group under a state program or policy that
  596  supports housing for such specified group. Therefore, it is the
  597  intent of the Legislature to establish a policy that supports
  598  the development of affordable workforce housing for employees of
  599  hospitals, health care facilities, and governmental entities.
  600         (2) For purposes of this section, the term:
  601         (a) “Governmental entity” means any state, regional,
  602  county, local, or municipal governmental entity of this state,
  603  whether executive, judicial, or legislative; any department,
  604  division, bureau, commission, authority, or political
  605  subdivision of the state; any public school, state university,
  606  or Florida College System institution; or any special district
  607  as defined in s. 189.012.
  608         (b) “Health care facility” has the same meaning as provided
  609  in s. 159.27(16).
  610         (c) “Hospital” means a hospital under chapter 155, a
  611  hospital district created pursuant to chapter 189, or a hospital
  612  licensed pursuant to chapter 395, including corporations not for
  613  profit that are qualified as charitable under s. 501(c)(3) of
  614  the Internal Revenue Code and for-profit entities.
  615         (3) It is the policy of the state to support housing for
  616  employees of hospitals, health care facilities, and governmental
  617  entities and to allow developers in receipt of federal low
  618  income housing tax credits allocated pursuant to s. 420.5099,
  619  local or state funds, or other sources of funding available to
  620  finance the development of affordable housing to create a
  621  preference for housing for such employees. Such preference must
  622  conform to the requirements of s. 42(g)(9) of the Internal
  623  Revenue Code.
  624         Section 7. Section 760.26, Florida Statutes, is amended to
  625  read:
  626         760.26 Prohibited discrimination in land use decisions and
  627  in permitting of development.—It is unlawful to discriminate in
  628  land use decisions or in the permitting of development based on
  629  race, color, national origin, sex, disability, familial status,
  630  religion, or, except as otherwise provided by law, the source of
  631  financing of a development or proposed development or the nature
  632  of a development or proposed development as affordable housing.
  633         Section 8. This act shall take effect July 1, 2025.