CS for CS for SB 1730                            First Engrossed
       
       
       
       
       
       
       
       
       20251730e1
       
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending ss.
    3         125.01055 and 166.04151, F.S.; revising applicability;
    4         requiring counties and municipalities, respectively,
    5         to authorize multifamily and mixed-use residential as
    6         allowable uses in portions of flexibly zoned areas
    7         under certain circumstances; prohibiting counties and
    8         municipalities from imposing certain requirements on
    9         proposed multifamily developments; prohibiting
   10         counties and municipalities from requiring that more
   11         than a 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         requiring a court to give priority to and render
   28         expeditious decisions in certain civil actions;
   29         requiring a court to award reasonable attorney fees
   30         and costs to a prevailing party in certain civil
   31         actions; providing that such attorney fees or costs
   32         may not exceed a specified dollar amount; prohibiting
   33         the prevailing party from recovering certain other
   34         fees or costs; defining terms; authorizing the use of
   35         a specified approval process for a proposed
   36         development on a parcel of land primarily developed
   37         and maintained for specified facilities; authorizing
   38         counties and municipalities to restrict the height of
   39         such proposed developments under certain
   40         circumstances; prohibiting counties and municipalities
   41         from imposing certain building moratoriums; providing
   42         an exception, subject to certain requirements;
   43         providing applicability; authorizing applicants for
   44         certain proposed developments to notify the county or
   45         municipality, as applicable, by a specified date of
   46         its intent to proceed under certain provisions;
   47         requiring counties and municipalities to allow certain
   48         applicants to submit revised applications, written
   49         requests, and notices of intent to account for changes
   50         made by the act; amending s. 380.0552, F.S.; revising
   51         the maximum hurricane evacuation clearance time for
   52         permanent residents, which time is an element for
   53         which amendments to local comprehensive plans in the
   54         Florida Keys Area must be reviewed for compliance;
   55         providing legislative intent; creating s. 420.5098,
   56         F.S.; providing legislative findings and intent;
   57         defining terms; providing that it is the policy of the
   58         state to support housing for certain employees and to
   59         permit developers in receipt of certain tax credits
   60         and funds to create a specified preference for housing
   61         certain employees; requiring that such preference
   62         conform to certain requirements; amending s. 760.26,
   63         F.S.; providing that it is unlawful to discriminate in
   64         land use decisions or in the permitting of development
   65         based on the specified nature of a development or
   66         proposed development; providing effective dates.
   67          
   68  Be It Enacted by the Legislature of the State of Florida:
   69  
   70         Section 1. Effective upon becoming a law, paragraph (k) of
   71  subsection (7) of section 125.01055, Florida Statutes, is
   72  amended to read:
   73         125.01055 Affordable housing.—
   74         (7)
   75         (k) This subsection does not apply to:
   76         1. Airport-impacted areas as provided in s. 333.03.
   77         2. Property defined as recreational and commercial working
   78  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
   79         3. The Wekiva Study Area, as described in s. 369.316.
   80         4. The Everglades Protection Area, as defined in s.
   81  373.4592(2).
   82         Section 2. Present paragraphs (k) and (l) of subsection (7)
   83  of section 125.01055, Florida Statutes, as amended by this act,
   84  are redesignated as paragraphs (l) and (p), respectively,
   85  present subsection (8) of that section is redesignated as
   86  subsection (9), a new paragraph (k) and paragraphs (m), (n), and
   87  (o) are added to subsection (7) of that section, a new
   88  subsection (8) and subsection (10) are added to that section,
   89  and paragraphs (a) through (f) of subsection (7) of that section
   90  are amended, to read:
   91         125.01055 Affordable housing.—
   92         (7)(a) A county must authorize multifamily and mixed-use
   93  residential as allowable uses in any area zoned for commercial,
   94  industrial, or mixed use, and in portions of any flexibly zoned
   95  area such as a planned unit development permitted for
   96  commercial, industrial, or mixed use, if at least 40 percent of
   97  the residential units in a proposed multifamily development are
   98  rental units that, for a period of at least 30 years, are
   99  affordable as defined in s. 420.0004. Notwithstanding any other
  100  law, local ordinance, or regulation to the contrary, a county
  101  may not require a proposed multifamily development to obtain a
  102  zoning or land use change, special exception, conditional use
  103  approval, variance, transfer of density or development units,
  104  amendment to a development of regional impact, or comprehensive
  105  plan amendment for the building height, zoning, and densities
  106  authorized under this subsection. For mixed-use residential
  107  projects, at least 65 percent of the total square footage must
  108  be used for residential purposes. The county may not require
  109  that more than 10 percent of the total square footage of such
  110  mixed-use residential projects be used for nonresidential
  111  purposes.
  112         (b) A county may not restrict the density of a proposed
  113  development authorized under this subsection below the highest
  114  currently allowed, or allowed on July 1, 2023, density on any
  115  unincorporated land in the county where residential development
  116  is allowed under the county’s land development regulations. For
  117  purposes of this paragraph, the term “highest currently allowed
  118  density” does not include the density of any building that met
  119  the requirements of this subsection or the density of any
  120  building that has received any bonus, variance, or other special
  121  exception for density provided in the county’s land development
  122  regulations as an incentive for development.
  123         (c) A county may not restrict the floor area ratio of a
  124  proposed development authorized under this subsection below 150
  125  percent of the highest currently allowed, or allowed on July 1,
  126  2023, floor area ratio on any unincorporated land in the county
  127  where development is allowed under the county’s land development
  128  regulations. For purposes of this paragraph, the term “highest
  129  currently allowed floor area ratio” does not include the floor
  130  area ratio of any building that met the requirements of this
  131  subsection or the floor area ratio of any building that has
  132  received any bonus, variance, or other special exception for
  133  floor area ratio provided in the county’s land development
  134  regulations as an incentive for development. For purposes of
  135  this subsection, the term “floor area ratio” includes floor lot
  136  ratio.
  137         (d)1. A county may not restrict the height of a proposed
  138  development authorized under this subsection below the highest
  139  currently allowed, or allowed on July 1, 2023, height for a
  140  commercial or residential building located in its jurisdiction
  141  within 1 mile of the proposed development or 3 stories,
  142  whichever is higher. For purposes of this paragraph, the term
  143  “highest currently allowed height” does not include the height
  144  of any building that met the requirements of this subsection or
  145  the height of any building that has received any bonus,
  146  variance, or other special exception for height provided in the
  147  county’s land development regulations as an incentive for
  148  development.
  149         2. If the proposed development is adjacent to, on two or
  150  more sides, a parcel zoned for single-family residential use
  151  which is within a single-family residential development with at
  152  least 25 contiguous single-family homes, the county may restrict
  153  the height of the proposed development to 150 percent of the
  154  tallest building on any property adjacent to the proposed
  155  development, the highest currently allowed, or allowed on July
  156  1, 2023, height for the property provided in the county’s land
  157  development regulations, or 3 stories, whichever is higher, but
  158  not to exceed 10 stories. For the purposes of this paragraph,
  159  the term “adjacent to” means those properties sharing more than
  160  one point of a property line, but does not include properties
  161  separated by a public road.
  162         (e) A proposed development authorized under this subsection
  163  must be administratively approved without and no further action
  164  by the board of county commissioners or any quasi-judicial or
  165  administrative board or reviewing body is required if the
  166  development satisfies the county’s land development regulations
  167  for multifamily developments in areas zoned for such use and is
  168  otherwise consistent with the comprehensive plan, with the
  169  exception of provisions establishing allowable densities, floor
  170  area ratios, height, and land use. Such land development
  171  regulations include, but are not limited to, regulations
  172  relating to setbacks and parking requirements. A proposed
  173  development located within one-quarter mile of a military
  174  installation identified in s. 163.3175(2) may not be
  175  administratively approved. Each county shall maintain on its
  176  website a policy containing procedures and expectations for
  177  administrative approval pursuant to this subsection. For the
  178  purposes of this paragraph, the term “allowable density” means
  179  the density prescribed for the property without additional
  180  requirements to procure and transfer density units or
  181  development units from other properties.
  182         (f)1. A county must, upon request of an applicant, reduce
  183  consider reducing parking requirements by 10 percent for a
  184  proposed development authorized under this subsection if the
  185  development:
  186         a. Is located within one-quarter mile of a transit stop, as
  187  defined in the county’s land development code, and the transit
  188  stop is accessible from the development;.
  189         2. A county must reduce parking requirements by at least 20
  190  percent for a proposed development authorized under this
  191  subsection if the development:
  192         b.a. Is located within one-half mile of a major
  193  transportation hub that is accessible from the proposed
  194  development by safe, pedestrian-friendly means, such as
  195  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  196  other multimodal design features; or and
  197         c.b. Has available parking within 600 feet of the proposed
  198  development which may consist of options such as on-street
  199  parking, parking lots, or parking garages available for use by
  200  residents of the proposed development. However, a county may not
  201  require that the available parking compensate for the reduction
  202  in parking requirements.
  203         2.3. A county must eliminate parking requirements for a
  204  proposed mixed-use residential development authorized under this
  205  subsection within an area recognized by the county as a transit
  206  oriented development or area, as provided in paragraph (h).
  207         3.4. For purposes of this paragraph, the term “major
  208  transportation hub” means any transit station, whether bus,
  209  train, or light rail, which is served by public transit with a
  210  mix of other transportation options.
  211         (k) Notwithstanding any other law or local ordinance or
  212  regulation to the contrary, a county may allow an adjacent
  213  parcel of land to be included within a proposed multifamily
  214  development authorized under this subsection.
  215         (m) The court shall give any civil action filed against a
  216  county for a violation of this subsection priority over other
  217  pending cases and render a preliminary or final decision as
  218  expeditiously as possible.
  219         (n) If a civil action is filed against a county for a
  220  violation of this subsection, the court must assess and award
  221  reasonable attorney fees and costs to the prevailing party. An
  222  award of reasonable attorney fees or costs pursuant to this
  223  subsection may not exceed $200,000. In addition, a prevailing
  224  party may not recover any attorney fees or costs directly
  225  incurred by or associated with litigation to determine an award
  226  of reasonable attorney fees or costs.
  227         (o) As used in this subsection, the term:
  228         1. “Commercial use” means activities associated with the
  229  sale, rental, or distribution of products or the performance of
  230  services related thereto. The term includes, but is not limited
  231  to, such uses or activities as retail sales; wholesale sales;
  232  rentals of equipment, goods, or products; offices; restaurants;
  233  public lodging establishments as described in s. 509.242(1)(a);
  234  food service vendors; sports arenas; theaters; tourist
  235  attractions; and other for-profit business activities. A parcel
  236  zoned to permit such uses by right without the requirement to
  237  obtain a variance or waiver is considered commercial use for the
  238  purposes of this section, irrespective of the local land
  239  development regulation’s listed category or title. The term does
  240  not include home-based businesses or cottage food operations
  241  undertaken on residential property, public lodging
  242  establishments as described in s. 509.242(1)(c), or uses that
  243  are accessory, ancillary, incidental to the allowable uses, or
  244  allowed only on a temporary basis.
  245         2. “Industrial use” means activities associated with the
  246  manufacture, assembly, processing, or storage of products or the
  247  performance of services related thereto. The term includes, but
  248  is not limited to, such uses or activities as automobile
  249  manufacturing or repair, boat manufacturing or repair, junk
  250  yards, meat packing facilities, citrus processing and packing
  251  facilities, produce processing and packing facilities,
  252  electrical generating plants, water treatment plants, sewage
  253  treatment plants, and solid waste disposal sites. A parcel zoned
  254  to permit such uses by right without the requirement to obtain a
  255  variance or waiver is considered industrial use for the purposes
  256  of this section, irrespective of the local land development
  257  regulation’s listed category or title. The term does not include
  258  uses that are accessory, ancillary, incidental to the allowable
  259  uses, or allowed only on a temporary basis.
  260         3. “Mixed use” means any use that combines multiple types
  261  of approved land uses from at least two of the residential use,
  262  commercial use, and industrial use categories. The term does not
  263  include uses that are accessory, ancillary, incidental to the
  264  allowable uses, or allowed only on a temporary basis.
  265         4. “Planned unit development” has the same meaning as
  266  provided in s. 163.3202(5)(b).
  267         (8)(a)A proposed development on a parcel of land primarily
  268  developed and maintained as a golf course, a tennis court, or a
  269  swimming pool, regardless of the zoning category assigned to
  270  such parcel, may use the approval process provided in subsection
  271  (7).
  272         (b)If the proposed development is on a parcel that is
  273  adjacent to, on two or more sides, a parcel zoned for single
  274  family residential use, the county may restrict the height of
  275  the proposed development to 150 percent of the tallest
  276  residential building on any property adjacent to the proposed
  277  development, the highest currently allowed, or allowed on July
  278  1, 2023, height for the property provided in the county’s land
  279  development regulations, or 3 stories, whichever is higher. For
  280  the purposes of this paragraph, the term “adjacent to” means
  281  those properties sharing more than one point of a property line,
  282  but does not include properties separated by a public road or
  283  body of water, including manmade lakes or ponds.
  284         (10)(a)Except as provided in paragraphs (b) and (d), a
  285  county may not enforce a building moratorium that has the effect
  286  of delaying the permitting or construction of a multifamily
  287  residential or mixed-use residential development authorized
  288  under subsection (7).
  289         (b) A county may, by ordinance, impose or enforce such a
  290  building moratorium for no more than 90 days in any 3-year
  291  period. Before adoption of such a building moratorium, the
  292  county shall prepare or cause to be prepared an assessment of
  293  the county’s need for affordable housing at the extremely-low
  294  income, very-low-income, low-income, or moderate-income limits
  295  specified in s. 420.0004, including projections of such need for
  296  the next 5 years. This assessment must be posted on the county’s
  297  website by the date the notice of proposed enactment is
  298  published, and presented at the same public meeting at which the
  299  proposed ordinance imposing the building moratorium is adopted
  300  by the board of county commissioners. This assessment must be
  301  included in the business impact estimate for the ordinance
  302  imposing such a moratorium required by s. 125.66(3).
  303         (c) If a civil action is filed against a county for a
  304  violation of this subsection, the court must assess and award
  305  reasonable attorney fees and costs to the prevailing party. An
  306  award of reasonable attorney fees or costs pursuant to this
  307  subsection may not exceed $200,000. In addition, a prevailing
  308  party may not recover any attorney fees or costs directly
  309  incurred by or associated with litigation to determine an award
  310  of reasonable attorney fees or costs.
  311         (d) This subsection does not apply to moratoria imposed or
  312  enforced to address stormwater or flood water management, to
  313  address the supply of potable water, or due to the necessary
  314  repair of sanitary sewer systems, if such moratoria apply
  315  equally to all types of multifamily or mixed-use residential
  316  development.
  317         Section 3. Effective upon becoming a law, paragraph (k) of
  318  subsection (7) of section 166.04151, Florida Statutes, is
  319  amended to read:
  320         166.04151 Affordable housing.—
  321         (7)
  322         (k) This subsection does not apply to:
  323         1. Airport-impacted areas as provided in s. 333.03.
  324         2. Property defined as recreational and commercial working
  325  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
  326         3. The Wekiva Study Area, as described in s. 369.316.
  327         4. The Everglades Protection Area, as defined in s.
  328  373.4592(2).
  329         Section 4. Present paragraphs (k) and (l) of subsection (7)
  330  of section 166.04151, Florida Statutes, as amended by this act,
  331  are redesignated as paragraphs (l) and (p), respectively,
  332  present subsection (8) of that section is redesignated as
  333  subsection (9), a new paragraph (k) and paragraphs (m), (n), and
  334  (o) are added to subsection (7) of that section, a new
  335  subsection (8) and subsection (10) are added to that section,
  336  and paragraphs (a) through (f) of subsection (7) of that section
  337  are amended, to read:
  338         166.04151 Affordable housing.—
  339         (7)(a) A municipality must authorize multifamily and mixed
  340  use residential as allowable uses in any area zoned for
  341  commercial, industrial, or mixed use, and in portions of any
  342  flexibly zoned area such as a planned unit development permitted
  343  for commercial, industrial, or mixed use, if at least 40 percent
  344  of the residential units in a proposed multifamily development
  345  are rental units that, for a period of at least 30 years, are
  346  affordable as defined in s. 420.0004. Notwithstanding any other
  347  law, local ordinance, or regulation to the contrary, a
  348  municipality may not require a proposed multifamily development
  349  to obtain a zoning or land use change, special exception,
  350  conditional use approval, variance, transfer of density or
  351  development units, amendment to a development of regional
  352  impact, or comprehensive plan amendment for the building height,
  353  zoning, and densities authorized under this subsection. For
  354  mixed-use residential projects, at least 65 percent of the total
  355  square footage must be used for residential purposes. The
  356  municipality may not require that more than 10 percent of the
  357  total square footage of such mixed-use residential projects be
  358  used for nonresidential purposes.
  359         (b) A municipality may not restrict the density of a
  360  proposed development authorized under this subsection below the
  361  highest currently allowed, or allowed on July 1, 2023, density
  362  on any land in the municipality where residential development is
  363  allowed under the municipality’s land development regulations.
  364  For purposes of this paragraph, the term “highest currently
  365  allowed density” does not include the density of any building
  366  that met the requirements of this subsection or the density of
  367  any building that has received any bonus, variance, or other
  368  special exception for density provided in the municipality’s
  369  land development regulations as an incentive for development.
  370         (c) A municipality may not restrict the floor area ratio of
  371  a proposed development authorized under this subsection below
  372  150 percent of the highest currently allowed, or allowed on July
  373  1, 2023, floor area ratio on any land in the municipality where
  374  development is allowed under the municipality’s land development
  375  regulations. For purposes of this paragraph, the term “highest
  376  currently allowed floor area ratio” does not include the floor
  377  area ratio of any building that met the requirements of this
  378  subsection or the floor area ratio of any building that has
  379  received any bonus, variance, or other special exception for
  380  floor area ratio provided in the municipality’s land development
  381  regulations as an incentive for development. For purposes of
  382  this subsection, the term “floor area ratio” includes floor lot
  383  ratio.
  384         (d)1. A municipality may not restrict the height of a
  385  proposed development authorized under this subsection below the
  386  highest currently allowed, or allowed on July 1, 2023, height
  387  for a commercial or residential building located in its
  388  jurisdiction within 1 mile of the proposed development or 3
  389  stories, whichever is higher. For purposes of this paragraph,
  390  the term “highest currently allowed height” does not include the
  391  height of any building that met the requirements of this
  392  subsection or the height of any building that has received any
  393  bonus, variance, or other special exception for height provided
  394  in the municipality’s land development regulations as an
  395  incentive for development.
  396         2. If the proposed development is adjacent to, on two or
  397  more sides, a parcel zoned for single-family residential use
  398  that is within a single-family residential development with at
  399  least 25 contiguous single-family homes, the municipality may
  400  restrict the height of the proposed development to 150 percent
  401  of the tallest building on any property adjacent to the proposed
  402  development, the highest currently allowed, or allowed on July
  403  1, 2023, height for the property provided in the municipality’s
  404  land development regulations, or 3 stories, whichever is higher,
  405  not to exceed 10 stories. For the purposes of this paragraph,
  406  the term “adjacent to” means those properties sharing more than
  407  one point of a property line, but does not include properties
  408  separated by a public road or body of water, including manmade
  409  lakes or ponds. For a proposed development located within a
  410  municipality within an area of critical state concern as
  411  designated by s. 380.0552 or chapter 28-36, Florida
  412  Administrative Code, the term “story” includes only the
  413  habitable space above the base flood elevation as designated by
  414  the Federal Emergency Management Agency in the most current
  415  Flood Insurance Rate Map. A story may not exceed 10 feet in
  416  height measured from finished floor to finished floor, including
  417  space for mechanical equipment. The highest story may not exceed
  418  10 feet from finished floor to the top plate.
  419         (e) A proposed development authorized under this subsection
  420  must be administratively approved without and no further action
  421  by the governing body of the municipality or any quasi-judicial
  422  or administrative board or reviewing body is required if the
  423  development satisfies the municipality’s land development
  424  regulations for multifamily developments in areas zoned for such
  425  use and is otherwise consistent with the comprehensive plan,
  426  with the exception of provisions establishing allowable
  427  densities, floor area ratios, height, and land use. Such land
  428  development regulations include, but are not limited to,
  429  regulations relating to setbacks and parking requirements. A
  430  proposed development located within one-quarter mile of a
  431  military installation identified in s. 163.3175(2) may not be
  432  administratively approved. Each municipality shall maintain on
  433  its website a policy containing procedures and expectations for
  434  administrative approval pursuant to this subsection. For the
  435  purposes of this paragraph, the term “allowable density” means
  436  the density prescribed for the property without additional
  437  requirements to procure and transfer density units or
  438  development units from other properties.
  439         (f)1. A municipality must, upon request of an applicant,
  440  reduce consider reducing parking requirements for a proposed
  441  development authorized under this subsection by 10 percent if
  442  the development:
  443         a. Is located within one-quarter mile of a transit stop, as
  444  defined in the municipality’s land development code, and the
  445  transit stop is accessible from the development;.
  446         2. A municipality must reduce parking requirements by at
  447  least 20 percent for a proposed development authorized under
  448  this subsection if the development:
  449         b.a. Is located within one-half mile of a major
  450  transportation hub that is accessible from the proposed
  451  development by safe, pedestrian-friendly means, such as
  452  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  453  other multimodal design features; or.
  454         c.b. Has available parking within 600 feet of the proposed
  455  development which may consist of options such as on-street
  456  parking, parking lots, or parking garages available for use by
  457  residents of the proposed development. However, a municipality
  458  may not require that the available parking compensate for the
  459  reduction in parking requirements.
  460         2.3. A municipality must eliminate parking requirements for
  461  a proposed mixed-use residential development authorized under
  462  this subsection within an area recognized by the municipality as
  463  a transit-oriented development or area, as provided in paragraph
  464  (h).
  465         3.4. For purposes of this paragraph, the term “major
  466  transportation hub” means any transit station, whether bus,
  467  train, or light rail, which is served by public transit with a
  468  mix of other transportation options.
  469         (k) Notwithstanding any other law or local ordinance or
  470  regulation to the contrary, a municipality may allow an adjacent
  471  parcel of land to be included within a proposed multifamily
  472  development authorized under this subsection.
  473         (m) The court shall give any civil action filed against a
  474  municipality for a violation of this subsection priority over
  475  other pending cases and render a preliminary or final decision
  476  as expeditiously as possible.
  477         (n) If a civil action is filed against a municipality for a
  478  violation of this subsection, the court must assess and award
  479  reasonable attorney fees and costs to the prevailing party. An
  480  award of reasonable attorney fees or costs pursuant to this
  481  subsection may not exceed $200,000. In addition, a prevailing
  482  party may not recover any attorney fees or costs directly
  483  incurred by or associated with litigation to determine an award
  484  of reasonable attorney fees or costs.
  485         (o) As used in this subsection, the term:
  486         1. “Commercial use” means activities associated with the
  487  sale, rental, or distribution of products or the performance of
  488  services related thereto. The term includes, but is not limited
  489  to, such uses or activities as retail sales; wholesale sales;
  490  rentals of equipment, goods, or products; offices; restaurants;
  491  public lodging establishments as described in s. 509.242(1)(a);
  492  food service vendors; sports arenas; theaters; tourist
  493  attractions; and other for-profit business activities. A parcel
  494  zoned to permit such uses by right without the requirement to
  495  obtain a variance or waiver is considered commercial use for the
  496  purposes of this section, irrespective of the local land
  497  development regulation’s listed category or title. The term does
  498  not include home-based businesses or cottage food operations
  499  undertaken on residential property, public lodging
  500  establishments as described in s. 509.242(1)(c), or uses that
  501  are accessory, ancillary, incidental to the allowable uses, or
  502  allowed only on a temporary basis.
  503         2. “Industrial use” means activities associated with the
  504  manufacture, assembly, processing, or storage of products or the
  505  performance of services related thereto. The term includes, but
  506  is not limited to, such uses or activities as automobile
  507  manufacturing or repair, boat manufacturing or repair, junk
  508  yards, meat packing facilities, citrus processing and packing
  509  facilities, produce processing and packing facilities,
  510  electrical generating plants, water treatment plants, sewage
  511  treatment plants, and solid waste disposal sites. A parcel zoned
  512  to permit such uses by right without the requirement to obtain a
  513  variance or waiver is considered industrial use for the purposes
  514  of this section, irrespective of the local land development
  515  regulation’s listed category or title. The term does not include
  516  uses that are accessory, ancillary, incidental to the allowable
  517  uses, or allowed only on a temporary basis.
  518         3. “Mixed-use” means any use that combines multiple types
  519  of approved land uses from at least two of the residential use,
  520  commercial use, and industrial use categories. The term does not
  521  include uses that are accessory, ancillary, incidental to the
  522  allowable uses, or allowed only on a temporary basis.
  523         4. “Planned unit development” has the same meaning as
  524  provided in s. 163.3202(5)(b).
  525         (8)(a)A proposed development on a parcel of land primarily
  526  developed and maintained as a golf course, a tennis court, or a
  527  swimming pool, regardless of the zoning category assigned to
  528  such parcel, may use the approval process provided in subsection
  529  (7).
  530         (b) If the proposed development is on a parcel that is
  531  adjacent to, on two or more sides, a parcel zoned for single
  532  family residential use, the municipality may restrict the height
  533  of the proposed development to 150 percent of the tallest
  534  residential building on any property adjacent to the proposed
  535  development, the highest currently allowed, or allowed on July
  536  1, 2023, height for the property provided in the municipality’s
  537  land development regulations, or 3 stories, whichever is higher.
  538  For the purposes of this paragraph, the term “adjacent to” means
  539  those properties sharing more than one point of a property line,
  540  but does not include properties separated by a public road or
  541  body of water, including manmade lakes or ponds.
  542         (10)(a) Except as provided in paragraphs (b) and (d), a
  543  municipality may not enforce a building moratorium that has the
  544  effect of delaying the permitting or construction of a
  545  multifamily residential or mixed-use residential development
  546  authorized under subsection (7).
  547         (b) A municipality may, by ordinance, impose or enforce
  548  such a building moratorium for no more than 90 days in any 3
  549  year period. Before adoption of such a building moratorium, the
  550  municipality shall prepare or cause to be prepared an assessment
  551  of the municipality’s need for affordable housing at the
  552  extremely-low-income, very-low-income, low-income, or moderate
  553  income limits specified in s. 420.0004, including projections of
  554  such need for the next 5 years. This assessment must be posted
  555  on the municipality’s website by the date the notice of proposed
  556  enactment is published and must be presented at the same public
  557  meeting at which the proposed ordinance imposing the building
  558  moratorium is adopted by the governing body of the municipality.
  559  This assessment must be included in the business impact estimate
  560  for the ordinance imposing such a moratorium required by s.
  561  166.041(4).
  562         (c) If a civil action is filed against a municipality for a
  563  violation of this subsection, the court must assess and award
  564  reasonable attorney fees and costs to the prevailing party. An
  565  award of reasonable attorney fees or costs pursuant to this
  566  subsection may not exceed $200,000. In addition, a prevailing
  567  party may not recover any attorney fees or costs directly
  568  incurred by or associated with litigation to determine an award
  569  of reasonable attorney fees or costs.
  570         (d) This subsection does not apply to moratoria imposed or
  571  enforced to address stormwater or flood water management, to
  572  address the supply of potable water, or due to the necessary
  573  repair of sanitary sewer systems, if such moratoria apply
  574  equally to all types of multifamily or mixed-use residential
  575  development.
  576         Section 5. An applicant for a proposed development
  577  authorized under s. 125.01055(7), Florida Statutes, or s.
  578  166.04151(7), Florida Statutes, who submitted an application, a
  579  written request, or a notice of intent to use such provisions to
  580  the county or municipality and which application, written
  581  request, or notice of intent has been received by the county or
  582  municipality, as applicable, before July 1, 2025, may notify the
  583  county or municipality by July 1, 2025, of its intent to proceed
  584  under the provisions of s. 125.01055(7), Florida Statutes, or s.
  585  166.04151(7), Florida Statutes, as they existed at the time of
  586  submittal. A county or municipality, as applicable, shall allow
  587  an applicant who submitted such application, written request, or
  588  notice of intent before July 1, 2025, the opportunity to submit
  589  a revised application, written request, or notice of intent to
  590  account for the changes made by this act.
  591         Section 6. Paragraph (a) of subsection (9) of section
  592  380.0552, Florida Statutes, is amended to read:
  593         380.0552 Florida Keys Area; protection and designation as
  594  area of critical state concern.—
  595         (9) MODIFICATION TO PLANS AND REGULATIONS.—
  596         (a) Any land development regulation or element of a local
  597  comprehensive plan in the Florida Keys Area may be enacted,
  598  amended, or rescinded by a local government, but the enactment,
  599  amendment, or rescission becomes effective only upon approval by
  600  the state land planning agency. The state land planning agency
  601  shall review the proposed change to determine if it is in
  602  compliance with the principles for guiding development specified
  603  in chapter 27F-8, Florida Administrative Code, as amended
  604  effective August 23, 1984, and must approve or reject the
  605  requested changes within 60 days after receipt. Amendments to
  606  local comprehensive plans in the Florida Keys Area must also be
  607  reviewed for compliance with the following:
  608         1. Construction schedules and detailed capital financing
  609  plans for wastewater management improvements in the annually
  610  adopted capital improvements element, and standards for the
  611  construction of wastewater treatment and disposal facilities or
  612  collection systems that meet or exceed the criteria in s.
  613  403.086(11) for wastewater treatment and disposal facilities or
  614  s. 381.0065(4)(l) for onsite sewage treatment and disposal
  615  systems.
  616         2. Goals, objectives, and policies to protect public safety
  617  and welfare in the event of a natural disaster by maintaining a
  618  hurricane evacuation clearance time for permanent residents of
  619  no more than 26 24 hours. The hurricane evacuation clearance
  620  time shall be determined by a hurricane evacuation study
  621  conducted in accordance with a professionally accepted
  622  methodology and approved by the state land planning agency. For
  623  purposes of hurricane evacuation clearance time:
  624         a. Mobile home residents are not considered permanent
  625  residents.
  626         b. The City of Key West Area of Critical State Concern
  627  established by chapter 28-36, Florida Administrative Code, shall
  628  be included in the hurricane evacuation study and is subject to
  629  the evacuation requirements of this subsection.
  630         Section 7. It is the intent of the Legislature that the
  631  amendment made by this act to s. 380.0552, Florida Statutes,
  632  will accommodate the building of additional developments within
  633  the Florida Keys to ameliorate the acute affordable housing and
  634  building permit allocation shortage. The Legislature also
  635  intends that local governments subject to the hurricane
  636  evacuation clearance time restrictions on residential buildings
  637  manage growth with a heightened focus on long-term stability and
  638  affordable housing for the local workforce.
  639         Section 8. Section 420.5098, Florida Statutes, is created
  640  to read:
  641         420.5098 Public sector and hospital employer-sponsored
  642  housing policy.—
  643         (1) The Legislature finds that it is in the best interests
  644  of the state and the state’s economy to provide affordable
  645  housing to state residents employed by hospitals, health care
  646  facilities, and governmental entities in order to attract and
  647  maintain the highest quality labor by incentivizing such
  648  employers to sponsor affordable housing opportunities. Section
  649  42(g)(9)(B) of the Internal Revenue Code provides that a
  650  qualified low-income housing project does not fail to meet the
  651  general public use requirement solely because of occupancy
  652  restrictions or preferences that favor tenants who are members
  653  of a specified group under a state program or policy that
  654  supports housing for such specified group. Therefore, it is the
  655  intent of the Legislature to establish a policy that supports
  656  the development of affordable workforce housing for employees of
  657  hospitals, health care facilities, and governmental entities.
  658         (2) For purposes of this section, the term:
  659         (a) “Governmental entity” means any state, regional,
  660  county, local, or municipal governmental entity of this state,
  661  whether executive, judicial, or legislative; any department,
  662  division, bureau, commission, authority, or political
  663  subdivision of the state; any public school, state university,
  664  or Florida College System institution; or any special district
  665  as defined in s. 189.012.
  666         (b) “Health care facility” has the same meaning as provided
  667  in s. 159.27(16).
  668         (c) “Hospital” means a hospital under chapter 155, a
  669  hospital district created pursuant to chapter 189, or a hospital
  670  licensed pursuant to chapter 395, including corporations not for
  671  profit that are qualified as charitable under s. 501(c)(3) of
  672  the Internal Revenue Code and for-profit entities.
  673         (3) It is the policy of the state to support housing for
  674  employees of hospitals, health care facilities, and governmental
  675  entities and to allow developers in receipt of federal low
  676  income housing tax credits allocated pursuant to s. 420.5099,
  677  local or state funds, or other sources of funding available to
  678  finance the development of affordable housing to create a
  679  preference for housing for such employees. Such preference must
  680  conform to the requirements of s. 42(g)(9) of the Internal
  681  Revenue Code.
  682         Section 9. Section 760.26, Florida Statutes, is amended to
  683  read:
  684         760.26 Prohibited discrimination in land use decisions and
  685  in permitting of development.—It is unlawful to discriminate in
  686  land use decisions or in the permitting of development based on
  687  race, color, national origin, sex, disability, familial status,
  688  religion, or, except as otherwise provided by law, the source of
  689  financing of a development or proposed development or the nature
  690  of a development or proposed development as affordable housing.
  691         Section 10. Except as otherwise expressly provided in this
  692  act and except for this section, which shall take effect upon
  693  becoming a law, this act shall take effect July 1, 2025.