Florida Senate - 2025 CS for CS for SB 1730
By the Committees on Rules; and Community Affairs; and Senator
Calatayud
595-03360-25 20251730c2
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; defining the term “story” for a proposed
16 development located within a municipality within a
17 certain area of critical state concern; requiring the
18 administrative approval of certain proposed
19 developments without further action by a quasi
20 judicial or administrative board or reviewing body
21 under certain circumstances; requiring counties and
22 municipalities to reduce parking requirements by a
23 specified percentage for certain proposed developments
24 under certain circumstances; requiring counties and
25 municipalities to allow adjacent parcels of land to be
26 included within certain proposed developments;
27 revising applicability; requiring a court to give
28 priority to and render expeditious decisions in
29 certain civil actions; requiring a court to award
30 reasonable attorney fees and costs to a prevailing
31 party in certain civil actions; providing that such
32 attorney fees or costs may not exceed a specified
33 dollar amount; prohibiting the prevailing party from
34 recovering certain other fees or costs; defining
35 terms; prohibiting counties and municipalities from
36 imposing certain building moratoriums; providing an
37 exception, subject to certain requirements; providing
38 applicability; authorizing applicants for certain
39 proposed developments to notify the county or
40 municipality, as applicable, by a specified date of
41 its intent to proceed under certain provisions;
42 requiring counties and municipalities to allow certain
43 applicants to submit revised applications, written
44 requests, and notices of intent to account for changes
45 made by the act; amending s. 380.0552, F.S.; revising
46 the maximum hurricane evacuation clearance time for
47 permanent residents, which time is an element for
48 which amendments to local comprehensive plans in the
49 Florida Keys Area must be reviewed for compliance;
50 providing legislative intent; creating s. 420.5098,
51 F.S.; providing legislative findings and intent;
52 defining terms; providing that it is the policy of the
53 state to support housing for certain employees and to
54 permit developers in receipt of certain tax credits
55 and funds to create a specified preference for housing
56 certain employees; requiring that such preference
57 conform to certain requirements; amending s. 760.26,
58 F.S.; providing that it is unlawful to discriminate in
59 land use decisions or in the permitting of development
60 based on the specified nature of a development or
61 proposed development; providing an effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Present paragraph (l) of subsection (7) of
66 section 125.01055, Florida Statutes, is redesignated as
67 paragraph (p), a new paragraph (l) and paragraphs (m), (n), and
68 (o) are added to that subsection, subsection (9) is added to
69 that section, and paragraphs (a) through (f) and (k) of
70 subsection (7) of that section are amended, to read:
71 125.01055 Affordable housing.—
72 (7)(a) A county must authorize multifamily and mixed-use
73 residential as allowable uses in any area zoned for commercial,
74 industrial, or mixed use, and in portions of any flexibly zoned
75 area such as a planned unit development permitted for
76 commercial, industrial, or mixed use, if at least 40 percent of
77 the residential units in a proposed multifamily development are
78 rental units that, for a period of at least 30 years, are
79 affordable as defined in s. 420.0004. Notwithstanding any other
80 law, local ordinance, or regulation to the contrary, a county
81 may not require a proposed multifamily development to obtain a
82 zoning or land use change, special exception, conditional use
83 approval, variance, transfer of density or development units,
84 amendment to a development of regional impact, or comprehensive
85 plan amendment for the building height, zoning, and densities
86 authorized under this subsection. For mixed-use residential
87 projects, at least 65 percent of the total square footage must
88 be used for residential purposes. The county may not require
89 that more than 10 percent of the total square footage of such
90 mixed-use residential projects be used for nonresidential
91 purposes.
92 (b) A county may not restrict the density of a proposed
93 development authorized under this subsection below the highest
94 currently allowed, or allowed on July 1, 2023, density on any
95 unincorporated land in the county where residential development
96 is allowed under the county’s land development regulations. For
97 purposes of this paragraph, the term “highest currently allowed
98 density” does not include the density of any building that met
99 the requirements of this subsection or the density of any
100 building that has received any bonus, variance, or other special
101 exception for density provided in the county’s land development
102 regulations as an incentive for development.
103 (c) A county may not restrict the floor area ratio of a
104 proposed development authorized under this subsection below 150
105 percent of the highest currently allowed, or allowed on July 1,
106 2023, floor area ratio on any unincorporated land in the county
107 where development is allowed under the county’s land development
108 regulations. For purposes of this paragraph, the term “highest
109 currently allowed floor area ratio” does not include the floor
110 area ratio of any building that met the requirements of this
111 subsection or the floor area ratio of any building that has
112 received any bonus, variance, or other special exception for
113 floor area ratio provided in the county’s land development
114 regulations as an incentive for development. For purposes of
115 this subsection, the term “floor area ratio” includes floor lot
116 ratio.
117 (d)1. A county may not restrict the height of a proposed
118 development authorized under this subsection below the highest
119 currently allowed, or allowed on July 1, 2023, height for a
120 commercial or residential building located in its jurisdiction
121 within 1 mile of the proposed development or 3 stories,
122 whichever is higher. For purposes of this paragraph, the term
123 “highest currently allowed height” does not include the height
124 of any building that met the requirements of this subsection or
125 the height of any building that has received any bonus,
126 variance, or other special exception for height provided in the
127 county’s land development regulations as an incentive for
128 development.
129 2. If the proposed development is adjacent to, on two or
130 more sides, a parcel zoned for single-family residential use
131 which is within a single-family residential development with at
132 least 25 contiguous single-family homes, the county may restrict
133 the height of the proposed development to 150 percent of the
134 tallest building on any property adjacent to the proposed
135 development, the highest currently allowed, or allowed on July
136 1, 2023, height for the property provided in the county’s land
137 development regulations, or 3 stories, whichever is higher, but
138 not to exceed 10 stories. For the purposes of this paragraph,
139 the term “adjacent to” means those properties sharing more than
140 one point of a property line, but does not include properties
141 separated by a public road.
142 (e) A proposed development authorized under this subsection
143 must be administratively approved without and no further action
144 by the board of county commissioners or any quasi-judicial or
145 administrative board or reviewing body is required if the
146 development satisfies the county’s land development regulations
147 for multifamily developments in areas zoned for such use and is
148 otherwise consistent with the comprehensive plan, with the
149 exception of provisions establishing allowable densities, floor
150 area ratios, height, and land use. Such land development
151 regulations include, but are not limited to, regulations
152 relating to setbacks and parking requirements. A proposed
153 development located within one-quarter mile of a military
154 installation identified in s. 163.3175(2) may not be
155 administratively approved. Each county shall maintain on its
156 website a policy containing procedures and expectations for
157 administrative approval pursuant to this subsection. For the
158 purposes of this paragraph, the term “allowable density” means
159 the density prescribed for the property without additional
160 requirements to procure and transfer density units or
161 development units from other properties.
162 (f)1. A county must, upon request of an applicant, reduce
163 consider reducing parking requirements by 20 percent for a
164 proposed development authorized under this subsection if the
165 development:
166 a. Is located within one-quarter mile of a transit stop, as
167 defined in the county’s land development code, and the transit
168 stop is accessible from the development;.
169 2. A county must reduce parking requirements by at least 20
170 percent for a proposed development authorized under this
171 subsection if the development:
172 b.a. Is located within one-half mile of a major
173 transportation hub that is accessible from the proposed
174 development by safe, pedestrian-friendly means, such as
175 sidewalks, crosswalks, elevated pedestrian or bike paths, or
176 other multimodal design features; or and
177 c.b. Has available parking within 600 feet of the proposed
178 development which may consist of options such as on-street
179 parking, parking lots, or parking garages available for use by
180 residents of the proposed development. However, a county may not
181 require that the available parking compensate for the reduction
182 in parking requirements.
183 2.3. A county must eliminate parking requirements for a
184 proposed mixed-use residential development authorized under this
185 subsection within an area recognized by the county as a transit
186 oriented development or area, as provided in paragraph (h).
187 3.4. For purposes of this paragraph, the term “major
188 transportation hub” means any transit station, whether bus,
189 train, or light rail, which is served by public transit with a
190 mix of other transportation options.
191 (k) Notwithstanding any other law or local ordinance or
192 regulation to the contrary, a county may allow an adjacent
193 parcel of land to be included within a proposed multifamily
194 development authorized under this subsection.
195 (l) This subsection does not apply to:
196 1. Airport-impacted areas as provided in s. 333.03.
197 2. Property defined as recreational and commercial working
198 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
199 3. The Wekiva Study Area, as described in s. 369.316.
200 4. The Everglades Protection Area, as defined in s.
201 373.4592(2).
202 (m) The court shall give any civil action filed against a
203 county for a violation of this subsection priority over other
204 pending cases and render a preliminary or final decision as
205 expeditiously as possible.
206 (n) If a civil action is filed against a county for a
207 violation of this subsection, the court must assess and award
208 reasonable attorney fees and costs to the prevailing party. An
209 award of reasonable attorney fees or costs pursuant to this
210 subsection may not exceed $200,000. In addition, a prevailing
211 party may not recover any attorney fees or costs directly
212 incurred by or associated with litigation to determine an award
213 of reasonable attorney fees or costs.
214 (o) As used in this subsection, the term:
215 1. “Commercial use” means activities associated with the
216 sale, rental, or distribution of products or the performance of
217 services related thereto. The term includes, but is not limited
218 to, such uses or activities as retail sales; wholesale sales;
219 rentals of equipment, goods, or products; offices; restaurants;
220 public lodging establishments as described in s. 509.242(1)(a);
221 food service vendors; sports arenas; theaters; tourist
222 attractions; and other for-profit business activities. A parcel
223 zoned to permit such uses by right without the requirement to
224 obtain a variance or waiver is considered commercial use for the
225 purposes of this section, irrespective of the local land
226 development regulation’s listed category or title. The term does
227 not include home-based businesses or cottage food operations
228 undertaken on residential property, public lodging
229 establishments as described in s. 509.242(1)(c), or uses that
230 are accessory, ancillary, incidental to the allowable uses, or
231 allowed only on a temporary basis. Recreational uses, such as
232 golf courses, tennis courts, swimming pools, and clubhouses,
233 within an area designated for residential use are not commercial
234 use, irrespective of the manner in which they are operated.
235 2. “Industrial use” means activities associated with the
236 manufacture, assembly, processing, or storage of products or the
237 performance of services related thereto. The term includes, but
238 is not limited to, such uses or activities as automobile
239 manufacturing or repair, boat manufacturing or repair, junk
240 yards, meat packing facilities, citrus processing and packing
241 facilities, produce processing and packing facilities,
242 electrical generating plants, water treatment plants, sewage
243 treatment plants, and solid waste disposal sites. A parcel zoned
244 to permit such uses by right without the requirement to obtain a
245 variance or waiver is considered industrial use for the purposes
246 of this section, irrespective of the local land development
247 regulation’s listed category or title. The term does not include
248 uses that are accessory, ancillary, incidental to the allowable
249 uses, or allowed only on a temporary basis. Recreational uses,
250 such as golf courses, tennis courts, swimming pools, and
251 clubhouses, within an area designated for residential use are
252 not industrial use, irrespective of the manner in which they are
253 operated.
254 3. “Mixed use” means any use that combines multiple types
255 of approved land uses from at least two of the residential use,
256 commercial use, and industrial use categories. The term does not
257 include uses that are accessory, ancillary, incidental to the
258 allowable uses, or allowed only on a temporary basis.
259 Recreational uses, such as golf courses, tennis courts, swimming
260 pools, and clubhouses, within an area designated for residential
261 use are not mixed use, irrespective of the manner in which they
262 are operated.
263 4. “Planned unit development” has the same meaning as
264 provided in s. 163.3202(5)(b).
265 (9)(a) Except as provided in paragraphs (b) and (d), a
266 county may not enforce a building moratorium that has the effect
267 of delaying the permitting or construction of a multifamily
268 residential or mixed-use residential development authorized
269 under subsection (7).
270 (b) A county may, by ordinance, impose or enforce such a
271 building moratorium for no more than 90 days in any 3-year
272 period. Before adoption of such a building moratorium, the
273 county shall prepare or cause to be prepared an assessment of
274 the county’s need for affordable housing at the extremely-low
275 income, very-low-income, low-income, or moderate-income limits
276 specified in s. 420.0004, including projections of such need for
277 the next 5 years. This assessment must be posted on the county’s
278 website by the date the notice of proposed enactment is
279 published, and presented at the same public meeting at which the
280 proposed ordinance imposing the building moratorium is adopted
281 by the board of county commissioners. This assessment must be
282 included in the business impact estimate for the ordinance
283 imposing such a moratorium required by s. 125.66(3).
284 (c) If a civil action is filed against a county for a
285 violation of this subsection, the court must assess and award
286 reasonable attorney fees and costs to the prevailing party. An
287 award of reasonable attorney fees or costs pursuant to this
288 subsection may not exceed $200,000. In addition, a prevailing
289 party may not recover any attorney fees or costs directly
290 incurred by or associated with litigation to determine an award
291 of reasonable attorney fees or costs.
292 (d) This subsection does not apply to moratoria imposed or
293 enforced to address stormwater or flood water management, to
294 address the supply of potable water, or due to the necessary
295 repair of sanitary sewer systems, if such moratoria apply
296 equally to all types of multifamily or mixed-use residential
297 development.
298 Section 2. Present paragraph (l) of subsection (7) of
299 section 166.04151, Florida Statutes, is redesignated as
300 paragraph (p), a new paragraph (l) and paragraphs (m), (n), and
301 (o) are added to that subsection, subsection (9) is added to
302 that section, and paragraphs (a) through (f) and (k) of
303 subsection (7) of that section are amended, to read:
304 166.04151 Affordable housing.—
305 (7)(a) A municipality must authorize multifamily and mixed
306 use residential as allowable uses in any area zoned for
307 commercial, industrial, or mixed use, and in portions of any
308 flexibly zoned area such as a planned unit development permitted
309 for commercial, industrial, or mixed use, if at least 40 percent
310 of the residential units in a proposed multifamily development
311 are rental units that, for a period of at least 30 years, are
312 affordable as defined in s. 420.0004. Notwithstanding any other
313 law, local ordinance, or regulation to the contrary, a
314 municipality may not require a proposed multifamily development
315 to obtain a zoning or land use change, special exception,
316 conditional use approval, variance, transfer of density or
317 development units, amendment to a development of regional
318 impact, or comprehensive plan amendment for the building height,
319 zoning, and densities authorized under this subsection. For
320 mixed-use residential projects, at least 65 percent of the total
321 square footage must be used for residential purposes. The
322 municipality may not require that more than 10 percent of the
323 total square footage of such mixed-use residential projects be
324 used for nonresidential purposes.
325 (b) A municipality may not restrict the density of a
326 proposed development authorized under this subsection below the
327 highest currently allowed, or allowed on July 1, 2023, density
328 on any land in the municipality where residential development is
329 allowed under the municipality’s land development regulations.
330 For purposes of this paragraph, the term “highest currently
331 allowed density” does not include the density of any building
332 that met the requirements of this subsection or the density of
333 any building that has received any bonus, variance, or other
334 special exception for density provided in the municipality’s
335 land development regulations as an incentive for development.
336 (c) A municipality may not restrict the floor area ratio of
337 a proposed development authorized under this subsection below
338 150 percent of the highest currently allowed, or allowed on July
339 1, 2023, floor area ratio on any land in the municipality where
340 development is allowed under the municipality’s land development
341 regulations. For purposes of this paragraph, the term “highest
342 currently allowed floor area ratio” does not include the floor
343 area ratio of any building that met the requirements of this
344 subsection or the floor area ratio of any building that has
345 received any bonus, variance, or other special exception for
346 floor area ratio provided in the municipality’s land development
347 regulations as an incentive for development. For purposes of
348 this subsection, the term “floor area ratio” includes floor lot
349 ratio.
350 (d)1. A municipality may not restrict the height of a
351 proposed development authorized under this subsection below the
352 highest currently allowed, or allowed on July 1, 2023, height
353 for a commercial or residential building located in its
354 jurisdiction within 1 mile of the proposed development or 3
355 stories, whichever is higher. For purposes of this paragraph,
356 the term “highest currently allowed height” does not include the
357 height of any building that met the requirements of this
358 subsection or the height of any building that has received any
359 bonus, variance, or other special exception for height provided
360 in the municipality’s land development regulations as an
361 incentive for development.
362 2. If the proposed development is adjacent to, on two or
363 more sides, a parcel zoned for single-family residential use
364 that is within a single-family residential development with at
365 least 25 contiguous single-family homes, the municipality may
366 restrict the height of the proposed development to 150 percent
367 of the tallest building on any property adjacent to the proposed
368 development, the highest currently allowed, or allowed on July
369 1, 2023, height for the property provided in the municipality’s
370 land development regulations, or 3 stories, whichever is higher,
371 not to exceed 10 stories. For the purposes of this paragraph,
372 the term “adjacent to” means those properties sharing more than
373 one point of a property line, but does not include properties
374 separated by a public road or body of water, including man-made
375 lakes or ponds. For a proposed development located within a
376 municipality within an area of critical state concern as
377 designated by s. 380.0552 or chapter 28-36, Florida
378 Administrative Code, the term “story” includes only the
379 habitable space above the base flood elevation as designated by
380 the Federal Emergency Management Agency in the most current
381 Flood Insurance Rate Map. A story may not exceed 10 feet in
382 height measured from finished floor to finished floor, including
383 space for mechanical equipment. The highest story may not exceed
384 10 feet from finished floor to the top plate.
385 (e) A proposed development authorized under this subsection
386 must be administratively approved without and no further action
387 by the governing body of the municipality or any quasi-judicial
388 or administrative board or reviewing body is required if the
389 development satisfies the municipality’s land development
390 regulations for multifamily developments in areas zoned for such
391 use and is otherwise consistent with the comprehensive plan,
392 with the exception of provisions establishing allowable
393 densities, floor area ratios, height, and land use. Such land
394 development regulations include, but are not limited to,
395 regulations relating to setbacks and parking requirements. A
396 proposed development located within one-quarter mile of a
397 military installation identified in s. 163.3175(2) may not be
398 administratively approved. Each municipality shall maintain on
399 its website a policy containing procedures and expectations for
400 administrative approval pursuant to this subsection. For the
401 purposes of this paragraph, the term “allowable density” means
402 the density prescribed for the property without additional
403 requirements to procure and transfer density units or
404 development units from other properties.
405 (f)1. A municipality must, upon request of an applicant,
406 reduce consider reducing parking requirements for a proposed
407 development authorized under this subsection by 20 percent if
408 the development:
409 a. Is located within one-quarter mile of a transit stop, as
410 defined in the municipality’s land development code, and the
411 transit stop is accessible from the development;.
412 2. A municipality must reduce parking requirements by at
413 least 20 percent for a proposed development authorized under
414 this subsection if the development:
415 b.a. Is located within one-half mile of a major
416 transportation hub that is accessible from the proposed
417 development by safe, pedestrian-friendly means, such as
418 sidewalks, crosswalks, elevated pedestrian or bike paths, or
419 other multimodal design features; or.
420 c.b. Has available parking within 600 feet of the proposed
421 development which may consist of options such as on-street
422 parking, parking lots, or parking garages available for use by
423 residents of the proposed development. However, a municipality
424 may not require that the available parking compensate for the
425 reduction in parking requirements.
426 2.3. A municipality must eliminate parking requirements for
427 a proposed mixed-use residential development authorized under
428 this subsection within an area recognized by the municipality as
429 a transit-oriented development or area, as provided in paragraph
430 (h).
431 3.4. For purposes of this paragraph, the term “major
432 transportation hub” means any transit station, whether bus,
433 train, or light rail, which is served by public transit with a
434 mix of other transportation options.
435 (k) Notwithstanding any other law or local ordinance or
436 regulation to the contrary, a municipality may allow an adjacent
437 parcel of land to be included within a proposed multifamily
438 development authorized under this subsection.
439 (l) This subsection does not apply to:
440 1. Airport-impacted areas as provided in s. 333.03.
441 2. Property defined as recreational and commercial working
442 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
443 3. The Wekiva Study Area, as described in s. 369.316.
444 4. The Everglades Protection Area, as defined in s.
445 373.4592(2).
446 (m) The court shall give any civil action filed against a
447 municipality for a violation of this subsection priority over
448 other pending cases and render a preliminary or final decision
449 as expeditiously as possible.
450 (n) If a civil action is filed against a municipality for a
451 violation of this subsection, the court must assess and award
452 reasonable attorney fees and costs to the prevailing party. An
453 award of reasonable attorney fees or costs pursuant to this
454 subsection may not exceed $200,000. In addition, a prevailing
455 party may not recover any attorney fees or costs directly
456 incurred by or associated with litigation to determine an award
457 of reasonable attorney fees or costs.
458 (o) As used in this subsection, the term:
459 1. “Commercial use” means activities associated with the
460 sale, rental, or distribution of products or the performance of
461 services related thereto. The term includes, but is not limited
462 to, such uses or activities as retail sales; wholesale sales;
463 rentals of equipment, goods, or products; offices; restaurants;
464 public lodging establishments as described in s. 509.242(1)(a);
465 food service vendors; sports arenas; theaters; tourist
466 attractions; and other for-profit business activities. A parcel
467 zoned to permit such uses by right without the requirement to
468 obtain a variance or waiver is considered commercial use for the
469 purposes of this section, irrespective of the local land
470 development regulation’s listed category or title. The term does
471 not include home-based businesses or cottage food operations
472 undertaken on residential property, public lodging
473 establishments as described in s. 509.242(1)(c), or uses that
474 are accessory, ancillary, incidental to the allowable uses, or
475 allowed only on a temporary basis. Recreational uses, such as
476 golf courses, tennis courts, swimming pools, and clubhouses,
477 within an area designated for residential use are not commercial
478 use, irrespective of the manner in which they are operated.
479 2. “Industrial use” means activities associated with the
480 manufacture, assembly, processing, or storage of products or the
481 performance of services related thereto. The term includes, but
482 is not limited to, such uses or activities as automobile
483 manufacturing or repair, boat manufacturing or repair, junk
484 yards, meat packing facilities, citrus processing and packing
485 facilities, produce processing and packing facilities,
486 electrical generating plants, water treatment plants, sewage
487 treatment plants, and solid waste disposal sites. A parcel zoned
488 to permit such uses by right without the requirement to obtain a
489 variance or waiver is considered industrial use for the purposes
490 of this section, irrespective of the local land development
491 regulation’s listed category or title. The term does not include
492 uses that are accessory, ancillary, incidental to the allowable
493 uses, or allowed only on a temporary basis. Recreational uses,
494 such as golf courses, tennis courts, swimming pools, and
495 clubhouses, within an area designated for residential use are
496 not industrial, irrespective of the manner in which they are
497 operated.
498 3. “Mixed-use” means any use that combines multiple types
499 of approved land uses from at least two of the residential use,
500 commercial use, and industrial use categories. The term does not
501 include uses that are accessory, ancillary, incidental to the
502 allowable uses, or allowed only on a temporary basis.
503 Recreational uses, such as golf courses, tennis courts, swimming
504 pools, and clubhouses, within an area designated for residential
505 use are not mixed use, irrespective of the manner in which they
506 are operated.
507 4. “Planned unit development” has the same meaning as
508 provided in s. 163.3202(5)(b).
509 (9)(a) Except as provided in paragraphs (b) and (d), a
510 municipality may not enforce a building moratorium that has the
511 effect of delaying the permitting or construction of a
512 multifamily residential or mixed-use residential development
513 authorized under subsection (7).
514 (b) A municipality may, by ordinance, impose or enforce
515 such a building moratorium for no more than 90 days in any 3
516 year period. Before adoption of such a building moratorium, the
517 municipality shall prepare or cause to be prepared an assessment
518 of the municipality’s need for affordable housing at the
519 extremely-low-income, very-low-income, low-income, or moderate
520 income limits specified in s. 420.0004, including projections of
521 such need for the next 5 years. This assessment must be posted
522 on the municipality’s website by the date the notice of proposed
523 enactment is published and must be presented at the same public
524 meeting at which the proposed ordinance imposing the building
525 moratorium is adopted by the governing body of the municipality.
526 This assessment must be included in the business impact estimate
527 for the ordinance imposing such a moratorium required by s.
528 166.041(4).
529 (c) If a civil action is filed against a municipality for a
530 violation of this subsection, the court must assess and award
531 reasonable attorney fees and costs to the prevailing party. An
532 award of reasonable attorney fees or costs pursuant to this
533 subsection may not exceed $200,000. In addition, a prevailing
534 party may not recover any attorney fees or costs directly
535 incurred by or associated with litigation to determine an award
536 of reasonable attorney fees or costs.
537 (d) This subsection does not apply to moratoria imposed or
538 enforced to address stormwater or flood water management, to
539 address the supply of potable water, or due to the necessary
540 repair of sanitary sewer systems, if such moratoria apply
541 equally to all types of multifamily or mixed-use residential
542 development.
543 Section 3. An applicant for a proposed development
544 authorized under s. 125.01055(7), Florida Statutes, or s.
545 166.04151(7), Florida Statutes, who submitted an application,
546 written request, or notice of intent to use such provisions to
547 the county or municipality and which application, written
548 request, or notice of intent has been received by the county or
549 municipality, as applicable, before July 1, 2025, may notify the
550 county or municipality by July 1, 2025, of its intent to proceed
551 under the provisions of s. 125.01055(7), Florida Statutes, or s.
552 166.04151(7), Florida Statutes, as they existed at the time of
553 submittal. A county or municipality, as applicable, shall allow
554 an applicant who submitted such application, written request, or
555 notice of intent before July 1, 2025, the opportunity to submit
556 a revised application, written request, or notice of intent to
557 account for the changes made by this act.
558 Section 4. Paragraph (a) of subsection (9) of section
559 380.0552, Florida Statutes, is amended to read:
560 380.0552 Florida Keys Area; protection and designation as
561 area of critical state concern.—
562 (9) MODIFICATION TO PLANS AND REGULATIONS.—
563 (a) Any land development regulation or element of a local
564 comprehensive plan in the Florida Keys Area may be enacted,
565 amended, or rescinded by a local government, but the enactment,
566 amendment, or rescission becomes effective only upon approval by
567 the state land planning agency. The state land planning agency
568 shall review the proposed change to determine if it is in
569 compliance with the principles for guiding development specified
570 in chapter 27F-8, Florida Administrative Code, as amended
571 effective August 23, 1984, and must approve or reject the
572 requested changes within 60 days after receipt. Amendments to
573 local comprehensive plans in the Florida Keys Area must also be
574 reviewed for compliance with the following:
575 1. Construction schedules and detailed capital financing
576 plans for wastewater management improvements in the annually
577 adopted capital improvements element, and standards for the
578 construction of wastewater treatment and disposal facilities or
579 collection systems that meet or exceed the criteria in s.
580 403.086(11) for wastewater treatment and disposal facilities or
581 s. 381.0065(4)(l) for onsite sewage treatment and disposal
582 systems.
583 2. Goals, objectives, and policies to protect public safety
584 and welfare in the event of a natural disaster by maintaining a
585 hurricane evacuation clearance time for permanent residents of
586 no more than 26 24 hours. The hurricane evacuation clearance
587 time shall be determined by a hurricane evacuation study
588 conducted in accordance with a professionally accepted
589 methodology and approved by the state land planning agency. For
590 purposes of hurricane evacuation clearance time:
591 a. Mobile home residents are not considered permanent
592 residents.
593 b. The City of Key West Area of Critical State Concern
594 established by chapter 28-36, Florida Administrative Code, shall
595 be included in the hurricane evacuation study and is subject to
596 the evacuation requirements of this subsection.
597 Section 5. It is the intent of the Legislature that the
598 amendment made by this act to s. 380.0552, Florida Statutes,
599 will accommodate the building of additional developments within
600 the Florida Keys to ameliorate the acute affordable housing and
601 building permit allocation shortage. The Legislature also
602 intends that local governments subject to the hurricane
603 evacuation clearance time restrictions on residential buildings
604 manage growth with a heightened focus on long-term stability and
605 affordable housing for the local workforce.
606 Section 6. Section 420.5098, Florida Statutes, is created
607 to read:
608 420.5098 Public sector and hospital employer-sponsored
609 housing policy.—
610 (1) The Legislature finds that it is in the best interests
611 of the state and the state’s economy to provide affordable
612 housing to state residents employed by hospitals, health care
613 facilities, and governmental entities in order to attract and
614 maintain the highest quality labor by incentivizing such
615 employers to sponsor affordable housing opportunities. Section
616 42(g)(9)(B) of the Internal Revenue Code provides that a
617 qualified low-income housing project does not fail to meet the
618 general public use requirement solely because of occupancy
619 restrictions or preferences that favor tenants who are members
620 of a specified group under a state program or policy that
621 supports housing for such specified group. Therefore, it is the
622 intent of the Legislature to establish a policy that supports
623 the development of affordable workforce housing for employees of
624 hospitals, health care facilities, and governmental entities.
625 (2) For purposes of this section, the term:
626 (a) “Governmental entity” means any state, regional,
627 county, local, or municipal governmental entity of this state,
628 whether executive, judicial, or legislative; any department,
629 division, bureau, commission, authority, or political
630 subdivision of the state; any public school, state university,
631 or Florida College System institution; or any special district
632 as defined in s. 189.012.
633 (b) “Health care facility” has the same meaning as provided
634 in s. 159.27(16).
635 (c) “Hospital” means a hospital under chapter 155, a
636 hospital district created pursuant to chapter 189, or a hospital
637 licensed pursuant to chapter 395, including corporations not for
638 profit that are qualified as charitable under s. 501(c)(3) of
639 the Internal Revenue Code and for-profit entities.
640 (3) It is the policy of the state to support housing for
641 employees of hospitals, health care facilities, and governmental
642 entities and to allow developers in receipt of federal low
643 income housing tax credits allocated pursuant to s. 420.5099,
644 local or state funds, or other sources of funding available to
645 finance the development of affordable housing to create a
646 preference for housing for such employees. Such preference must
647 conform to the requirements of s. 42(g)(9) of the Internal
648 Revenue Code.
649 Section 7. Section 760.26, Florida Statutes, is amended to
650 read:
651 760.26 Prohibited discrimination in land use decisions and
652 in permitting of development.—It is unlawful to discriminate in
653 land use decisions or in the permitting of development based on
654 race, color, national origin, sex, disability, familial status,
655 religion, or, except as otherwise provided by law, the source of
656 financing of a development or proposed development or the nature
657 of a development or proposed development as affordable housing.
658 Section 8. This act shall take effect July 1, 2025.