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.