Florida Senate - 2025                                     SB 634
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00655-25                                            2025634__
    1                        A bill to be entitled                      
    2         An act relating to land use and zoning; amending s.
    3         70.001, F.S.; providing applicability of provisions
    4         related to protection of private property rights;
    5         creating s. 163.31773, F.S.; defining the terms
    6         “single-family hybrid use” and “single-family owner
    7         use”; authorizing a local government to provide for
    8         certain residential land uses in its comprehensive
    9         plan and land development regulations; authorizing a
   10         local government to prohibit single-family hybrid use
   11         while allowing single-family owner use within a land
   12         use category; providing applicability; providing an
   13         effective date.
   14  
   15         WHEREAS, homeownership enhances community stability,
   16  economic prosperity, and civic engagement, and
   17         WHEREAS, this state acknowledges the substantial public
   18  benefits of increased homeownership, such as improved public
   19  welfare and economic resilience, and
   20         WHEREAS, evolving housing needs require adaptable policy
   21  frameworks that promote both inclusivity and economic diversity
   22  within communities, and
   23         WHEREAS, distinguishing between single-family hybrid use
   24  and single-family ownership use for land use and land
   25  development regulation purposes addresses the diverse needs and
   26  preferences of this state’s residents, and
   27         WHEREAS, there is currently no mechanism in state law to
   28  ensure that rezoning land for the development of single-family
   29  homes will provide opportunities for owner occupation of such
   30  single family homes, necessitating action by the Legislature,
   31  NOW, THEREFORE,
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Paragraph (c) is added to subsection (10) of
   36  section 70.001, Florida Statutes, to read:
   37         70.001 Private property rights protection.—
   38         (10)
   39         (c) This section does not apply to any actions taken by a
   40  local government under s. 163.31773.
   41         Section 2. Section 163.31773, Florida Statutes, is created
   42  to read:
   43         163.31773 Single-family home ownership categories; land use
   44  and zoning; applicability.—
   45         (1) As used in this section, the term:
   46         (a) “Single-family hybrid use” means a type of residential
   47  land use wherein there is no limitation on the number of single
   48  family homes that may be owned by a person.
   49         (b) “Single-family owner use” means a type of residential
   50  land use wherein single-family homes are intended for owner
   51  occupation and the owner of any such home and any persons
   52  affiliated with such owner, not including family members, do not
   53  in the aggregate own more than three single-family homes in the
   54  local jurisdiction. For purposes of this paragraph, a “person
   55  affiliated with such owner” means any person that has any
   56  connection with the owner through an ownership interest, legal
   57  or beneficial interest, or contractual relationship.
   58         (2)(a) A local government may provide for single-family
   59  owner use and single-family hybrid use in the future land use
   60  element of its comprehensive plan and in its land development
   61  regulations.
   62         (b) A local government may prohibit single-family hybrid
   63  use within a land use category while allowing single-family
   64  owner use within that land use category in the future land use
   65  element of its comprehensive plan and in its land development
   66  regulations.
   67         (3) This section does not apply to:
   68         (a) A property owned or developed by a state or local
   69  governmental entity.
   70         (b) A developer engaged in the construction and sale of new
   71  homes while such homes are unoccupied.
   72         Section 3. This act shall take effect July 1, 2025.