Florida Senate - 2026 SB 208
By Senator McClain
9-00188-26 2026208__
1 A bill to be entitled
2 An act relating to land use and development
3 regulations; amending s. 163.3164, F.S.; revising the
4 definition of the term “compatibility”; defining the
5 terms “infill residential development” and
6 “contiguous”; amending s. 163.3202, F.S.; prohibiting
7 local land development regulations from requiring the
8 denial of, or conditioning or delaying the approval
9 of, residential development on the basis of a lack of
10 compatibility under certain circumstances; revising
11 the circumstances under which land development
12 regulations may be applied to a single-family or two
13 family dwelling; defining the term “architectural
14 review board”; requiring the approval of infill
15 residential development applications in certain
16 circumstances; requiring the treatment of certain
17 developments as a conforming use; prohibiting local
18 land development regulations from conditioning the
19 approval of an application for certain residential
20 development on the payment of certain fees, charges,
21 or exactions; requiring that a fee or charge imposed
22 by a local government in connection with the review,
23 processing, or inspection of a residential development
24 application meet certain requirements; prohibiting the
25 withholding or delay of approval of, or imposition of
26 certain conditions on, a residential development
27 application under certain circumstances; amending s.
28 212.055, F.S.; conforming a cross-reference; providing
29 an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Present subsections (22) through (54) of section
34 163.3164, Florida Statutes, are redesignated as subsections (23)
35 through (55), respectively, a new subsection (22) is added to
36 that section, and subsection (9) of that section is amended, to
37 read:
38 163.3164 Community Planning Act; definitions.—As used in
39 this act:
40 (9) “Compatibility” means a condition in which land uses or
41 conditions within the same land use category can reasonably
42 coexist in relative proximity to each other in a stable and
43 enduring manner without creating undue adverse impacts on each
44 other. Compatibility requires a reasonable ability to fit within
45 the existing community fabric but does not require uniformity or
46 identical development. Residential land uses are compatible if
47 they fall within the same residential land use category as
48 designed in the local government’s comprehensive plan fashion
49 over time such that no use or condition is unduly negatively
50 impacted directly or indirectly by another use or condition.
51 (22) “Infill residential development” means the development
52 of one or more parcels that are no more than 100 acres in size
53 within a future land use category that allows a residential use
54 and any zoning district that allows a residential use and which
55 parcels are contiguous with residential development on at least
56 50 percent of the parcels’ boundaries. For purposes of this
57 subsection, the term “contiguous” means touching, bordering, or
58 adjoining along a boundary and includes properties that would be
59 contiguous if not separated by a roadway, railroad, canal, or
60 other public easement.
61 Section 2. Paragraph (b) of subsection (2) and paragraphs
62 (a) and (b) of subsection (5) of section 163.3202, Florida
63 Statutes, are amended, and subsections (8) and (9) are added to
64 that section, to read:
65 163.3202 Land development regulations.—
66 (2) Local land development regulations shall contain
67 specific and detailed provisions necessary or desirable to
68 implement the adopted comprehensive plan and shall at a minimum:
69 (b) Regulate the use of land and water for those land use
70 categories included in the land use element and ensure the
71 compatibility of adjacent uses and provide for open space.
72 However, the land development regulations may not require the
73 denial of, or condition or delay the approval of, residential
74 development on the basis of a lack of compatibility if the
75 proposed residential use is located adjacent to, or across a
76 public right-of-way from, any existing residential development
77 within the same land use category.
78 (5)(a) Land development regulations relating to building
79 design elements may not be applied to a single-family or two
80 family dwelling unless:
81 1. The dwelling is listed in the National Register of
82 Historic Places, as defined in s. 267.021(5); is located in a
83 National Register Historic District; or is designated as a
84 historic property or located in a historic district, under the
85 terms of a local preservation ordinance;
86 2. The regulations are adopted in order to implement the
87 National Flood Insurance Program;
88 3. The regulations are adopted pursuant to and in
89 compliance with chapter 553;
90 4. The dwelling is located in a community redevelopment
91 area, as defined in s. 163.340(10);
92 5. The regulations are required to ensure protection of
93 coastal wildlife in compliance with s. 161.052, s. 161.053, s.
94 161.0531, s. 161.085, s. 161.163, or chapter 373;
95 6. The dwelling is located in a planned unit development or
96 master planned community created pursuant to a local ordinance,
97 resolution, or other final action approved by the local
98 governing body before July 1, 2023, provided that such
99 regulations were expressly adopted as part of the approval
100 documents for the planned unit development or master planned
101 community; or
102 7. The dwelling is located within the jurisdiction of a
103 local government that has a design review board or an
104 architectural review board created by ordinance before January
105 1, 2020, and such board has continuously existed since that
106 date. A local government may not create, recreate, or expand the
107 jurisdiction of such a board after January 1, 2020, for the
108 purpose of regulating single-family or two-family dwellings.
109 (b) For purposes of this subsection, the term:
110 1. “Architectural review board” means a body established
111 and maintained by a private homeowners’ association, property
112 owners’ association, or condominium association under chapter
113 718 or chapter 720 which is authorized by recorded covenants or
114 governing documents to review and approve building design
115 elements on private property. The term does not include any
116 board, committee, or panel created or controlled by a local
117 government.
118 2. “Building design elements” means the external building
119 color; the type or style of exterior cladding material; the
120 style or material of roof structures or porches; the exterior
121 nonstructural architectural ornamentation; the location or
122 architectural styling of windows or doors; the location or
123 orientation of the garage; the number and type of rooms; and the
124 interior layout of rooms. The term does not include the height,
125 bulk, orientation, or location of a dwelling on a zoning lot; or
126 the use of buffering or screening to minimize potential adverse
127 physical or visual impacts or to protect the privacy of
128 neighbors.
129 3.2. “Planned unit development” or “master planned
130 community” means an area of land that is planned and developed
131 as a single entity or in approved stages with uses and
132 structures substantially related to the character of the entire
133 development, or a self-contained development in which the
134 subdivision and zoning controls are applied to the project as a
135 whole rather than to individual lots.
136 (8) Notwithstanding any ordinance to the contrary, an
137 application for an infill residential development must be
138 administratively approved without requiring a comprehensive plan
139 amendment, rezoning, variance, or any other public hearing by
140 any board or reviewing body if the proposed infill residential
141 development is consistent with current development standards and
142 the density of the proposed infill residential development is
143 the same as the average density of contiguous properties. A
144 development authorized under this subsection must be treated as
145 a conforming use, notwithstanding the local government’s
146 comprehensive plan, future land use designation, or zoning.
147 (9)(a) Land development regulations may not condition the
148 approval of an application for infill residential development,
149 or any other residential development authorized under this act,
150 on the payment of any fee, charge, or exaction based on a
151 percentage of construction costs, site costs, or project
152 valuation.
153 (b) Any fee or charge imposed by a local government in
154 connection with the review, processing, or inspection of a
155 residential development application must meet all of the
156 following requirements:
157 1. Must be limited to the actual cost of the service
158 provided by the local government.
159 2. Must be clearly itemized and published on the local
160 government’s fee schedule.
161 3. May not exceed the limits established for building and
162 inspection fees under s. 553.80.
163 (c) The approval of a residential development application
164 may not be withheld or delayed because of nonpayment, or
165 conditioned on payment, of a fee or charge imposed in violation
166 of this subsection.
167 Section 3. Paragraph (d) of subsection (2) of section
168 212.055, Florida Statutes, is amended to read:
169 212.055 Discretionary sales surtaxes; legislative intent;
170 authorization and use of proceeds.—It is the legislative intent
171 that any authorization for imposition of a discretionary sales
172 surtax shall be published in the Florida Statutes as a
173 subsection of this section, irrespective of the duration of the
174 levy. Each enactment shall specify the types of counties
175 authorized to levy; the rate or rates which may be imposed; the
176 maximum length of time the surtax may be imposed, if any; the
177 procedure which must be followed to secure voter approval, if
178 required; the purpose for which the proceeds may be expended;
179 and such other requirements as the Legislature may provide.
180 Taxable transactions and administrative procedures shall be as
181 provided in s. 212.054.
182 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
183 (d) The proceeds of the surtax authorized by this
184 subsection and any accrued interest shall be expended by the
185 school district, within the county and municipalities within the
186 county, or, in the case of a negotiated joint county agreement,
187 within another county, to finance, plan, and construct
188 infrastructure; to acquire any interest in land for public
189 recreation, conservation, or protection of natural resources or
190 to prevent or satisfy private property rights claims resulting
191 from limitations imposed by the designation of an area of
192 critical state concern; to provide loans, grants, or rebates to
193 residential or commercial property owners who make energy
194 efficiency improvements to their residential or commercial
195 property, if a local government ordinance authorizing such use
196 is approved by referendum; or to finance the closure of county
197 owned or municipally owned solid waste landfills that have been
198 closed or are required to be closed by order of the Department
199 of Environmental Protection. Any use of the proceeds or interest
200 for purposes of landfill closure before July 1, 1993, is
201 ratified. The proceeds and any interest may not be used for the
202 operational expenses of infrastructure, except that a county
203 that has a population of fewer than 75,000 and that is required
204 to close a landfill may use the proceeds or interest for long
205 term maintenance costs associated with landfill closure.
206 Counties, as defined in s. 125.011, and charter counties may, in
207 addition, use the proceeds or interest to retire or service
208 indebtedness incurred for bonds issued before July 1, 1987, for
209 infrastructure purposes, and for bonds subsequently issued to
210 refund such bonds. Any use of the proceeds or interest for
211 purposes of retiring or servicing indebtedness incurred for
212 refunding bonds before July 1, 1999, is ratified.
213 1. For the purposes of this paragraph, the term
214 “infrastructure” means:
215 a. Any fixed capital expenditure or fixed capital outlay
216 associated with the construction, reconstruction, or improvement
217 of public facilities that have a life expectancy of 5 or more
218 years, any related land acquisition, land improvement, design,
219 and engineering costs, and all other professional and related
220 costs required to bring the public facilities into service. For
221 purposes of this sub-subparagraph, the term “public facilities”
222 means facilities as defined in s. 163.3164(42) s. 163.3164(41),
223 s. 163.3221(13), or s. 189.012(5), and includes facilities that
224 are necessary to carry out governmental purposes, including, but
225 not limited to, fire stations, general governmental office
226 buildings, and animal shelters, regardless of whether the
227 facilities are owned by the local taxing authority or another
228 governmental entity.
229 b. A fire department vehicle, an emergency medical service
230 vehicle, a sheriff’s office vehicle, a police department
231 vehicle, or any other vehicle, and the equipment necessary to
232 outfit the vehicle for its official use or equipment that has a
233 life expectancy of at least 5 years.
234 c. Any expenditure for the construction, lease, or
235 maintenance of, or provision of utilities or security for,
236 facilities, as defined in s. 29.008.
237 d. Any fixed capital expenditure or fixed capital outlay
238 associated with the improvement of private facilities that have
239 a life expectancy of 5 or more years and that the owner agrees
240 to make available for use on a temporary basis as needed by a
241 local government as a public emergency shelter or a staging area
242 for emergency response equipment during an emergency officially
243 declared by the state or by the local government under s.
244 252.38. Such improvements are limited to those necessary to
245 comply with current standards for public emergency evacuation
246 shelters. The owner must enter into a written contract with the
247 local government providing the improvement funding to make the
248 private facility available to the public for purposes of
249 emergency shelter at no cost to the local government for a
250 minimum of 10 years after completion of the improvement, with
251 the provision that the obligation will transfer to any
252 subsequent owner until the end of the minimum period.
253 e. Any land acquisition expenditure for a residential
254 housing project in which at least 30 percent of the units are
255 affordable to individuals or families whose total annual
256 household income does not exceed 120 percent of the area median
257 income adjusted for household size, if the land is owned by a
258 local government or by a special district that enters into a
259 written agreement with the local government to provide such
260 housing. The local government or special district may enter into
261 a ground lease with a public or private person or entity for
262 nominal or other consideration for the construction of the
263 residential housing project on land acquired pursuant to this
264 sub-subparagraph.
265 f. Instructional technology used solely in a school
266 district’s classrooms. As used in this sub-subparagraph, the
267 term “instructional technology” means an interactive device that
268 assists a teacher in instructing a class or a group of students
269 and includes the necessary hardware and software to operate the
270 interactive device. The term also includes support systems in
271 which an interactive device may mount and is not required to be
272 affixed to the facilities.
273 2. For the purposes of this paragraph, the term “energy
274 efficiency improvement” means any energy conservation and
275 efficiency improvement that reduces consumption through
276 conservation or a more efficient use of electricity, natural
277 gas, propane, or other forms of energy on the property,
278 including, but not limited to, air sealing; installation of
279 insulation; installation of energy-efficient heating, cooling,
280 or ventilation systems; installation of solar panels; building
281 modifications to increase the use of daylight or shade;
282 replacement of windows; installation of energy controls or
283 energy recovery systems; installation of electric vehicle
284 charging equipment; installation of systems for natural gas fuel
285 as defined in s. 206.9951; and installation of efficient
286 lighting equipment.
287 3. Notwithstanding any other provision of this subsection,
288 a local government infrastructure surtax imposed or extended
289 after July 1, 1998, may allocate up to 15 percent of the surtax
290 proceeds for deposit into a trust fund within the county’s
291 accounts created for the purpose of funding economic development
292 projects having a general public purpose of improving local
293 economies, including the funding of operational costs and
294 incentives related to economic development. The ballot statement
295 must indicate the intention to make an allocation under the
296 authority of this subparagraph.
297 4. Surtax revenues that are shared with eligible charter
298 schools pursuant to paragraph (c) shall be allocated among such
299 schools based on each school’s proportionate share of total
300 school district capital outlay full-time equivalent enrollment
301 as adopted by the education estimating conference established in
302 s. 216.136. Surtax revenues must be expended by the charter
303 school in a manner consistent with the allowable uses provided
304 in s. 1013.62(4). All revenues and expenditures shall be
305 accounted for in a charter school’s monthly or quarterly
306 financial statement pursuant to s. 1002.33(9). If a school’s
307 charter is not renewed or is terminated and the school is
308 dissolved under the provisions of law under which the school was
309 organized, any unencumbered funds received under this paragraph
310 shall revert to the sponsor.
311 Section 4. This act shall take effect July 1, 2026.