Florida Senate - 2026 CS for SB 1342
By the Committee on Community Affairs; and Senator Rouson
578-02481-26 20261342c1
1 A bill to be entitled
2 An act relating to transportation infrastructure land
3 development regulations; amending s. 163.3164, F.S.;
4 revising the definition of the term “transit-oriented
5 development”; creating s. 163.32035, F.S.; creating
6 the “Transit-Oriented Development Act” for a specified
7 purpose; providing a short title; providing
8 legislative findings; defining terms; requiring the
9 governing body of a county or municipality to adopt an
10 ordinance, and the governing body of a special
11 district to adopt a resolution, establishing specified
12 transit-oriented development (TOD) zones by a certain
13 date; requiring that such TOD zones be incorporated
14 into the local government comprehensive plan and land
15 development regulations; requiring the governing body
16 of a county or municipality to adopt ordinances, and
17 the governing body of a special district to adopt
18 resolutions, establishing specified TOD zones for
19 permanent public transit stops that open for public
20 use or receive notices to proceed for construction
21 after a specified date; requiring a local government
22 to zone eligible lots within TOD zones for mixed use;
23 defining the terms “mixed use” and “commercial use”;
24 prohibiting a local government from imposing certain
25 regulations in specified TOD zones; prohibiting the
26 reduction or elimination of TOD zones after
27 establishment; prohibiting a local government from
28 imposing certain regulations for eligible lots that
29 contain historic property; providing exceptions;
30 providing a private cause of action for certain
31 property owners and housing organizations; defining
32 the term “housing organization”; specifying the
33 procedure for such actions; authorizing the award of
34 specified relief; providing that a prevailing
35 plaintiff is entitled to attorney fees and costs;
36 encouraging public transit providers and public
37 agencies to develop land within specified TOD zones;
38 requiring that net proceeds from such development be
39 kept in a specified fund for certain purposes;
40 providing severability; providing an effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Subsection (49) of section 163.3164, Florida
45 Statutes, is amended to read:
46 163.3164 Community Planning Act; definitions.—As used in
47 this act:
48 (49) “Transit-oriented development” or “TOD” means a
49 project or projects, in areas identified in a local government
50 comprehensive plan, that are is or will be served by existing or
51 planned transit service. These designated areas must allow shall
52 be compact, moderate to high density or intensity developments,
53 of mixed-use character which are, interconnected with other land
54 uses, bicycle and pedestrian friendly, and designed to support
55 or allow the use frequent transit service operating through,
56 collectively or separately, of any of the following:
57 (a) A bus rapid transit service as defined in s.
58 163.32035(3)(d).
59 (b) A commuter rail service as defined in s. 341.301.
60 (c) An intercity rail transportation system as defined in
61 s. 341.301.
62 (d) A fixed-guideway transportation system as defined in s.
63 341.031(2).
64 (e) A streetcar system.
65 (f) A bus system rail, fixed guideway, streetcar, or bus
66 systems on dedicated facilities or available roadway
67 connections.
68 Section 2. Section 163.32035, Florida Statutes, is created
69 to read:
70 163.32035 Transit-Oriented Development Act.—The Transit
71 Oriented Development Act is created to make homeownership,
72 renting, and leasing more affordable for the residents of this
73 state and reduce chronic traffic congestion for the residents of
74 this state, by increasing the supply of housing and allowing
75 more residential and commercial development near transit
76 infrastructure.
77 (1) This section may be cited as the “Transit-Oriented
78 Development Act” or the “TOD Act.”
79 (2) The Legislature finds that:
80 (a) The median price of homes in this state increased
81 steadily in the decade preceding 2026, rising at a greater rate
82 of increase than the median income in this state.
83 (b) There is a housing shortage in this state which has
84 caused the costs of homeownership, renting, and leasing to often
85 exceed an amount that is affordable for residents of this state.
86 (c) There is chronic traffic congestion on roadways in this
87 state which constrains economic activity across this state.
88 (d) Constructing housing near transit infrastructure, such
89 as rail systems and rapid transit systems, will minimize the
90 traffic congestion caused by new residents and maximize state
91 and local government investments in transit infrastructure.
92 (e) The important public purpose sought to be achieved by
93 allowing an increase in residential and commercial development
94 near transit infrastructure is to increase the supply of housing
95 near transit infrastructure and reduce chronic traffic
96 congestion, which will make homeownership, renting, and leasing
97 more affordable for residents of this state, increase economic
98 activity across this state, and maximize state and local
99 government investments in transit infrastructure.
100 (3) As used in this section, the term:
101 (a) “Adjacent” means that two lots share more than one
102 point of a property line. Lots are not adjacent if separated by
103 a body of water, including manmade lakes or ponds, or by a
104 public easement or other right-of-way, including roads,
105 railroads, or canals.
106 (b) “Adjacent to a single-family home” means adjacent to a
107 lot that is one of at least 25 contiguous residential lots, all
108 of which contain single-family detached homes on the date a
109 development application is submitted.
110 (c) “Building height” means the number of stories or the
111 number of feet measured above grade or, if applicable, above the
112 base flood elevation established by the Federal Emergency
113 Management Agency.
114 (d) “Bus rapid transit service” means a bus service with
115 headways of 15 minutes or less during peak periods which
116 operates in business access and transit lanes or in a right-of
117 way or lanes dedicated for public transit. If a bus service
118 meets the criteria of this paragraph for one or more parts, but
119 not all, of its route, the term includes only the parts of the
120 route which meet the criteria. As used in this paragraph, the
121 term “dedicated for public transit” means dedicated for at least
122 4 hours per business day. The term “business day” means all
123 calendar days except Saturdays, Sundays, and holidays under s.
124 110.117(1).
125 (e) “By right” means administrative approval by a local
126 government of a development application that objectively
127 complies with applicable zoning regulations and for which the
128 local government may not impose a public hearing; any action by
129 a governing body, reviewing body, or quasi-judicial body; a
130 variance; a conditional use permit, special permit, or special
131 exception; or any other discretionary regulation.
132 (f) “Development” has the same meaning as in s. 380.04(1)
133 and includes the division of a parent parcel into two or more
134 lots.
135 (g) “Development application” means an application for
136 approval of any of the following:
137 1. A lot split or subdivision.
138 2. A plat or replat.
139 3. A development bonus for additional height, density, or
140 floor area ratio.
141 4. The demolition of an existing structure, if the
142 demolition objectively complies with applicable regulations.
143 5. Any other development order or development permit as
144 those terms are defined in s. 163.3164, except for building
145 permits.
146 (h) “Eligible lot” means a lot that is:
147 1. Zoned for residential, commercial, industrial, or mixed
148 use; or
149 2. Partly or wholly located within a flexibly zoned area
150 where development is permitted for a use thereof,
151
152 and is not located within an area of critical state concern
153 designated pursuant to s. 380.05.
154 (i) “Impose” means request or adopt, enact, establish,
155 maintain, enforce, mandate, compel, force, or otherwise require.
156 (j) “Local government” means a county, municipality, or
157 special district.
158 (k) “Lot” means a parcel, tract, tier, block, site, unit,
159 or any other division of land.
160 (l) “Objectively” means in a way that involves no personal
161 or subjective judgment by a public official and that is
162 uniformly verifiable by reference to an external and uniform
163 benchmark or criterion available and knowable by both the local
164 government and the development applicant, development proponent,
165 or property owner, as applicable.
166 (m) “Parent parcel” means the original lot from which
167 subsequent lots are created.
168 (n) “Permanent public transit stop” means a stop or station
169 for passenger use of a bus rapid transit service, a commuter
170 rail service as defined in s. 341.301, an intercity rail
171 transportation system as defined in s. 341.301, a fixed-guideway
172 transportation system as defined in s. 341.031(2), or a
173 streetcar system. The term does not include any of the
174 following:
175 1. A stop or station for a people-mover system in a public
176 use airport as defined in s. 332.004.
177 2. A stop or station that is used exclusively for a freight
178 rail service as defined in s. 343.545(1).
179 3. A stop or station in a rural community as defined in s.
180 288.0656(2) for an intercity rail transportation system.
181 (o) “Population” means, for a county or municipality, the
182 highest of the following population estimates:
183 1. The most recent decennial United States Census.
184 2. The most recent United States Census Bureau American
185 Community Survey 5-year estimate.
186 3. The most recent United States Census Bureau American
187 Community Survey 1-year estimate.
188 (p) “Regulation” means a comprehensive plan, a development
189 order, or a land development regulation as those terms are
190 defined in s. 163.3164 or any other local government ordinance,
191 resolution, policy, action, procedure, condition, guideline,
192 development agreement, or land development code.
193 (q) “Tier 1 TOD zone” means the area of all eligible lots
194 partly or wholly within a one-quarter mile radius of a permanent
195 public transit stop.
196 (r) “Tier 2 TOD zone” means the area of all eligible lots
197 partly or wholly within a one-quarter mile to one-half mile
198 radius of a permanent public transit stop, excluding any
199 eligible lot within a Tier 1 TOD zone.
200 (s) “Transit-oriented development” or “TOD” has the same
201 meaning as in s. 163.3164.
202 (4)(a)1. By December 1, 2026, the governing body of each
203 county or municipality shall adopt an ordinance, and the
204 governing body of each special district shall adopt a
205 resolution, establishing Tier 1 TOD zones and Tier 2 TOD zones
206 for each permanent public transit stop that was open for public
207 use within the local government’s jurisdiction during at least
208 one day between January 1, 2026, and July 1, 2026, or that
209 received a notice to proceed for construction within the local
210 government’s jurisdiction before July 1, 2026. By December 1,
211 2026, the local government shall incorporate TOD zones into its
212 comprehensive plan, notwithstanding s. 163.3184, land
213 development regulations, and any other applicable regulations.
214 2. After December 1, 2026, the governing body of each
215 county or municipality shall adopt an ordinance, and the
216 governing body of each special district shall adopt a
217 resolution, establishing Tier 1 TOD zones and Tier 2 TOD zones
218 for each permanent public transit stop that opens for public use
219 within the local government’s jurisdiction after July 1, 2026,
220 or that receives a notice to proceed for construction within the
221 local government’s jurisdiction after July 1, 2026. The local
222 government shall establish such TOD zones within 6 months after
223 the permanent public transit stop opens for public use or
224 receives a notice to proceed for construction, whichever occurs
225 first.
226 (b)1. In addition to other existing and lawful uses, the
227 local government shall zone all eligible lots located within a
228 Tier 1 TOD zone or a Tier 2 TOD zone for mixed use. For purposes
229 of this subparagraph, the term “mixed use” means that single
230 family and multifamily residential use, commercial use, and a
231 combination thereof are allowable uses by right, and the term
232 “commercial use” means activities associated with the sale,
233 rental, or distribution of products or the performance of
234 services related thereto, including, but not limited to, retail
235 sales and services; wholesale sales; rentals of equipment,
236 goods, or products; offices; restaurants; hotels as described in
237 s. 509.242(1)(a); food service vendors; sports arenas; theaters;
238 tourist attractions; and other for-profit business activities.
239 The term “commercial use” does not include:
240 a. Home-based businesses or cottage food operations
241 undertaken on residential property, vacation rentals as
242 described in s. 509.242(1)(c), or uses that are accessory,
243 ancillary, incidental to the allowable uses, or allowed only on
244 a temporary basis; or
245 b. Farms or farm operations as those terms are defined in
246 s. 823.14(3) or uses associated therewith, including the
247 packaging and sale of products raised on the premises.
248 2. In Tier 1 TOD zones, a local government may not impose
249 regulations that require any of the following:
250 a. A maximum building height of less than 8 stories or 85
251 feet, or less than 4 stories or 45 feet for eligible lots
252 adjacent to a single-family home.
253 b. A maximum floor area ratio for residential use of less
254 than 6.0, or less than 3.0 for eligible lots adjacent to a
255 single-family home.
256 c. A maximum floor area ratio for commercial use of less
257 than 3.0, or less than 2.0 for eligible lots adjacent to a
258 single-family home.
259 d. Any minimum setback requirement for the side, front, and
260 rear property lines.
261 e. A requirement that greater than 10 percent of the lot
262 area be reserved for open space or permeable surface.
263 f. A required minimum number of parking spaces.
264
265 The maximum building heights and floor area ratios specified in
266 this subparagraph are doubled for any eligible lot located
267 partly or wholly within a county with a population that exceeds
268 800,000 or within a municipality with a population that exceeds
269 75,000.
270 3. In Tier 2 TOD zones, a local government may not impose
271 regulations that require any of the following:
272 a. A maximum building height of less than 4 stories or 45
273 feet, or less than 3 stories or 35 feet for eligible lots
274 adjacent to a single-family home.
275 b. A maximum floor area ratio for residential use of less
276 than 3.0, or less than 2.0 for eligible lots adjacent to a
277 single-family home.
278 c. A maximum floor area ratio for commercial use of less
279 than 3.0, or less than 2.0 for eligible lots adjacent to a
280 single-family home.
281 d. Any minimum setback requirement for the side, front, or
282 rear property lines.
283 e. A requirement that greater than 20 percent of the lot
284 area be reserved for open space or permeable surface.
285 f. A required minimum number of parking spaces.
286
287 The maximum building heights and floor area ratios specified in
288 this subparagraph are doubled for any eligible lot located
289 partly or wholly within a county with a population that exceeds
290 800,000 or within a municipality with a population that exceeds
291 75,000.
292 4. For an eligible lot within a Tier 1 TOD zone or Tier 2
293 TOD zone, a local government may not impose any of the
294 following:
295 a. Any limitation, restriction, or prohibition on single
296 family or multifamily dwellings.
297 b. A maximum density, including, but not limited to, a
298 maximum number of dwelling units per lot or per acre.
299 c. A minimum size for dwellings or dwelling units greater
300 than that required by the Florida Building Code.
301 (c) A TOD zone established pursuant to this subsection may
302 not be reduced or eliminated thereafter, including for the
303 closure of a permanent public transit stop after the TOD zone is
304 established.
305 (5) A local government may not impose a regulation that
306 prohibits, limits, or otherwise restricts residential or
307 commercial development authorized within a TOD zone under this
308 section for any eligible lot that contains historic property as
309 defined in s. 267.021, except:
310 (a) Regulations relating to building design elements which
311 may be applied pursuant to s. 163.3202(5)(a)1.; or
312 (b) Regulations that prohibit, limit, or otherwise restrict
313 demolition or alteration of a structure or building that is
314 individually listed in the National Register of Historic Places
315 or that is a contributing structure or building within a
316 historic district which was listed in the National Register of
317 Historic Places before January 1, 2000.
318 (6)(a) A property owner or housing organization that is
319 aggrieved or adversely affected by a regulation imposed by a
320 local government in violation of this section may maintain a
321 cause of action for damages in the county in which the property
322 is located. As used in this paragraph, the term “housing
323 organization” means a trade or industry group that constructs or
324 manages housing units, a nonprofit organization that provides or
325 advocates for increased access or reduced barriers to housing,
326 or a nonprofit organization that is engaged in public policy
327 research, education, or outreach that includes housing-policy
328 related issues.
329 (b) In a proceeding under this subsection, an aggrieved or
330 adversely affected party is entitled to the summary procedure
331 provided in s. 51.011, and the court shall advance the cause on
332 the calendar. The court shall review the evidence de novo and
333 enter written findings of fact based on the preponderance of the
334 evidence that a local government has imposed a regulation in
335 violation of this section.
336 (c) The court may do any of the following:
337 1. Enter a declaratory judgment as provided by chapter 86.
338 2. Issue a writ of mandamus.
339 3. Issue an injunction to prevent a violation of this
340 section.
341 4. Remand the matter to the land development regulation
342 commission for action consistent with the judgment.
343 (d) A prevailing plaintiff is entitled to recover
344 reasonable attorney fees and costs, including reasonable
345 appellate attorney fees and costs.
346 (7) A public transit provider as defined in s. 341.031(1)
347 is encouraged to develop land within Tier 1 and Tier 2 TOD zones
348 in accordance with this section. Any net proceeds from such
349 development shall be kept in the public transit agency’s fund
350 for operations, maintenance, and capital improvements. Public
351 agencies, such as the Department of Transportation and local
352 governments, are also encouraged to develop the land within Tier
353 1 and Tier 2 TOD zones in accordance with this section and to
354 transfer a portion of the net proceeds to the public transit
355 agency’s fund for operations, maintenance, and capital
356 improvements.
357 (8) If any provision of this section or its application to
358 any person or circumstance is held invalid, the invalidity does
359 not affect any other provisions or applications of this section
360 which can be given effect without the invalid provision or
361 application, and to this end the provisions of this section are
362 severable.
363 Section 3. This act shall take effect July 1, 2026.