THE BILL ITSELF
CS/HB 1143
Local Government Land Development Regulations and Orders
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A bill to be entitled
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An act relating to local government land development
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regulations and orders; amending ss. 125.022 and
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166.033, F.S.; providing applicability; requiring
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certain counties and municipalities, respectively, to
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follow certain application procedures for applications
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for certain development permits and development
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orders; creating s. 163.3254, F.S.; creating the
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"Florida Starter Homes Act" for a specified purpose;
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providing a short title; providing legislative
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findings; providing definitions; prohibiting local
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governments from imposing certain regulations if a
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residential lot is connected to a public water system
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and a sewerage system; requiring that regulations
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imposed by a local government allow residential lots
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to front or abut a shared space instead of a public
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right-of-way; prohibiting a local government from
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imposing regulations that require more than a certain
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minimum number of parking spaces for specified
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residential lots; prohibiting a local government from
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imposing certain regulations on residential lots that
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contain historic property; providing exceptions;
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requiring that local government regulations include a
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certain process; requiring off-site constructed
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residential dwellings to be allowed in certain
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circumstances; prohibiting a local government from
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adopting or enforcing certain regulations; providing
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construction; prohibiting a local government from
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treating off-site constructed residential dwellings
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differently than factory-built buildings based on
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certain circumstances; authorizing a local government
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to adopt compatibility standards that are limited to
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certain architectural features; requiring the approval
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of a lot split under certain circumstances; limiting
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the criteria that may be required by local governments
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for applications for and approvals of lot splits;
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establishing an application process for development
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applications for residential lots; requiring a local
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government to process such applications in a certain
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manner within certain timeframes; authorizing an
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applicant to request, and requiring the local
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government to grant certain extensions; prohibiting a
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local government from imposing, or from requiring an
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applicant to request, such an extension; providing
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that certain applications are deemed approved under
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certain circumstances; requiring a local government to
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issue to an applicant a refund of the application fee
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under certain circumstances; providing construction;
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providing that certain local government regulations
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are void and unenforceable to a specified extent;
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amending s. 177.071, F.S.; providing applicability;
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requiring an administrative authority to follow
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certain application procedures for applications for
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certain plats and replats; amending s. 553.382, F.S.;
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authorizing the placement of a residential
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manufactured building on any lot in a recreational
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vehicle park; conforming a provision to changes made
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by the act; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (10) is added to section 125.022,
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Florida Statutes, to read:
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125.022 Development permits and orders.—
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(10) Subsections (2), (3), and (4) do not apply to a
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county with a population density of more than 500 persons per
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square mile, calculated according to the most recent decennial
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census, for an application for approval of a development permit
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or development order for one or more residential lots as defined
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in s. 163.3254(3). For such application, such a county must
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follow the application procedures established in s. 163.3254(8).
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Section 2. Subsection (10) is added to section 166.033,
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Florida Statutes, to read:
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166.033 Development permits and orders.—
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(10) Subsections (2), (3), and (4) do not apply to a
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municipality in a county with a population density of more than
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500 persons per square mile, calculated according to the most
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recent decennial census, for an application for approval of a
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development permit or development order for one or more
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residential lots as defined in s. 163.3254(3). For such
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application, such a municipality must follow the application
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procedures established in s. 163.3254(8).
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Section 3. Section 163.3254, Florida Statutes, is created
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to read:
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163.3254 Florida Starter Homes Act.—The Florida Starter
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Homes Act is created to make home ownership, renting, and
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leasing more affordable for the residents of this state by
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increasing the supply of housing for the residents of this
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state.
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(1) This section may be cited as the "Florida Starter
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Homes Act."
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(2) The Legislature finds that:
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(a) The median price of homes in this state has increased
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steadily in the decade preceding 2026, rising at a greater rate
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of increase than the median income in this state.
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(b) There is a housing shortage in this state which
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constitutes a threat to the health, safety, and welfare of the
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residents of this state, and this shortage has caused the costs
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of home ownership, renting, and leasing to often exceed an
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amount that is affordable for residents of this state.
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(c) The housing shortage is caused, to a significant
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extent, by regulations governing residential lots which have
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been imposed by local governments.
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(d) Single-family detached homes, single-family attached
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homes, townhouses, duplexes, triplexes, and quadruplexes are
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affordable starter homes for residents of this state to own,
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rent, or lease.
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(e) Regulations governing residential lots which have been
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imposed by local governments do not encourage a high degree of
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flexibility relating to residential development, and such
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regulations prevent the development of starter homes on
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residential lots smaller in size, due, in part, to minimum lot
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size requirements and restrictions on the types of dwellings
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allowed to be constructed on residential lots.
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(f) The important public purpose sought to be achieved by
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allowing starter homes on residential lots that are smaller in
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size is to increase the supply of housing, which will make home
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ownership, renting, and leasing more affordable for the
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residents of this state.
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(3) For purposes of this section, the term:
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(a) "Development" has the same meaning as in s. 380.04(1),
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and also includes the division of one parent parcel into two
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lots.
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(b) "Development application" means an application for
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approval of any of the following:
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1. A lot split or subdivision.
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2. A plat or replat.
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3. A development bonus for additional height, density, or
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floor area ratio.
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4. The demolition of an existing structure, if the
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demolition objectively complies with applicable regulations.
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5. Any other development order or development permit as
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those terms are defined in s. 163.3164, except for building
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permits.
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(c) "Dwelling unit" means a single unit formed by one or
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more rooms within a dwelling which is used, or is designed to be
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used, as a home, residence, or sleeping place for at least one
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person.
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(d) "Local government" means any county, municipality, or
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special district.
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(e) "Lot" means a parcel, tract, tier, block, site, unit,
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or any other division of land.
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(f) "Lot split" means the division of a parent parcel into
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no more than eight residential lots.
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(g) "Off-site constructed residential dwelling" means a
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manufactured building as defined in s. 553.36 which is intended
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for use as at least one type of starter home, or a manufactured
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home as defined in s. 320.01(2)(b), which is constructed in
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whole or in part off-site and is treated as real property.
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(h) "Parent parcel" means the original lot from which
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subsequent lots are created.
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(i) "Public transit stop" means a stop or station used for
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public purposes for transit services, including for a bus rapid
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transit service, a bus system, a streetcar, a commuter rail
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service as defined in s. 341.301, an intercity rail
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transportation system as defined in s. 341.301, or a fixed-
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guideway transportation system as defined in s. 341.031(2). The
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term does not include a stop or station for a people-mover
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system in a public-use airport as defined in s. 332.004 or a
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stop or station that is used exclusively for a freight rail
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service as defined in s. 343.545(3)(h).
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(j) "Public water system" has the same meaning as in s.
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403.852(2).
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(k) "Regulation" means a comprehensive plan, a development
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order, or a land development regulation as those terms are
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defined in s. 163.3164 or any other local government ordinance,
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resolution, policy, action, procedure, condition, guideline,
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development agreement, or land development code.
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(l) "Residential lot" means a lot that is zoned for
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residential use or on which at least one type of starter home is
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an existing or lawful use. The term does not include a lot that
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is located within an area of critical state concern designated
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pursuant to s. 380.05.
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(m) "Sewerage system" has the same meaning as in s.
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403.031. The term does not include an onsite sewage treatment
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and disposal system as defined in s. 403.031.
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(n) "Shared space" means a driveway, an alley, or a common
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open space, such as a courtyard or pocket park.
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(o) "Starter home" means a dwelling with one, two, three,
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or four dwelling units. The term includes, but is not limited
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to, single-family detached homes, single-family attached homes,
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townhouses as defined in s. 481.203, duplexes, triplexes, and
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quadruplexes, and the curtilage thereof.
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(p) "Subdivision" means the division of a parent parcel
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into nine or more residential lots. The term includes streets,
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alleys, additions, and resubdivisions.
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(4) If a residential lot is connected to a public water
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system and a sewerage system, or will be connected to such
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systems as part of a lot split plan or subdivision plan, a local
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government may not impose a regulation that does any of the
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following:
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(a) Prohibits, limits, or otherwise restricts the
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development of a starter home.
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(b) Requires a minimum setback that is greater than: 0
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feet from the sides; 10 feet from the rear; or 20 feet from the
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front, or 0 feet from the front if the lot fronts or abuts a
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shared space.
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(c) Requires a minimum dimension of a lot, including its
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width or depth, to exceed 20 feet if the lot meets the relevant
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minimum lot size requirement.
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(d) Requires more than 30 percent of lot area to be
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reserved for open space or permeable surface.
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(e) Requires a maximum building height of less than three
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stories or 35 feet above grade or, if applicable, three stories
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or 35 feet above the base flood elevation established by the
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Federal Emergency Management Agency.
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(f) Requires a maximum floor area ratio of less than 3.
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(g) Requires the property owner to occupy the property.
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(h) Requires a minimum size for a starter home which is
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greater than that required by the Florida Building Code.
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(i) Requires a maximum residential density, typically
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measured in dwelling units per acre, which is more restrictive
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than the requirements of this subsection.
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(j) Requires a minimum lot size that is greater than 1,200
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square feet for existing lots, lots created by a lot split, or
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lots created by subdivision.
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(5)(a) Regulations imposed by a local government must
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allow a residential lot to front or abut a shared space instead
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of a public right-of-way.
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(b) A local government may not impose a regulation that
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requires a minimum number of parking spaces greater than one per
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dwelling unit for residential lots that are 4,000 square feet or
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less, or any minimum number of parking spaces for residential
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lots within a one-half mile radius of a public transit stop that
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is open for public use on or after January 1, 2026.
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(c) A local government may not impose a regulation that
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prohibits, limits, or otherwise restricts lot splits or the
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development of starter homes on a residential lot that contains
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historic property as defined in s. 267.021, except for:
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1. Regulations relating to building design elements which
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may be applied pursuant to s. 163.3202(5)(a)1.; or
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2. Regulations that prohibit, limit, or otherwise restrict
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the demolition or alteration of a structure or building that is
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individually listed in the National Register of Historic Places,
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or that is a contributing structure or building within a
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historic district which was listed in the National Register of
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Historic Places before January 1, 2000.
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(6)(a) An off-site constructed residential dwelling must
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be allowed on any residential lot where at least one type of
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starter home is allowed.
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(b) A local government may not impose any regulation that
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treats an off-site constructed residential dwelling differently
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or more restrictively than a single-family detached dwelling
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allowed on the same residential lot.
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(c) A local government may not treat off-site constructed
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residential dwellings differently than factory-built buildings
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subject to s. 553.38 based on the method or location of
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construction. A local government may not impose a regulation
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that differently or more restrictively treats an off-site
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constructed residential dwelling based on its method of
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construction or the presence of components built off site. Any
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local government regulation that governs off-site constructed
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residential dwellings must be reasonable, may not have the
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effect of excluding off-site constructed residential dwellings,
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and must be uniformly enforced without any distinction as to the
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type of housing.
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(d) This subsection does not prohibit a local government
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from objectively applying generally applicable architectural,
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aesthetic, design, setback, height, or bulk standards to off-
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site constructed residential dwellings, provided such standards
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apply equally to site-built single-family dwellings allowed on
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the same residential lot. A local government may adopt
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compatibility standards that are limited to the following
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architectural features:
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1. Roof pitch.
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2. Square footage of livable space.
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3. Type and quality of exterior finishing materials.
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4. Foundation enclosure.
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5. Existence and type of attached structures.
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6. Building setbacks, lot dimensions, and the orientation
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of the home on the lot.
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(7) Local government regulations must include a process
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through which an applicant may seek review and approval of a lot
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split.
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(a) A lot split must be administratively approved without
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further action by the governing body of the local government if
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the lot split complies with the requirements of this section.
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(b) Regulations imposed by a local government which
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establish criteria for the application for, or approval of, a
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lot split are limited to the following:
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1. The requirement that an applicant provide the relevant
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documentation and pay a fee for the cost of review of such
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documentation. Any other fee imposed on the application for, or
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approval of, a lot split is prohibited.
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2. The requirement that lots created by the lot split
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comply with applicable zoning regulations that govern the parent
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parcel.
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3. The requirement that the parent parcel was not created
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by a lot split or subdivision during the previous 12 months.
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(8)(a) A local government shall confirm receipt of a
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development application for a residential lot within 5 business
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days after receipt of the application using the contact
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information provided by the applicant. Within 15 business days
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after receiving the application, the local government shall
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review the application for completeness and issue a written
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notification to the applicant indicating that all required
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information is submitted or specify in writing with
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particularity any areas that are deficient. If the application
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is deficient, the applicant has 60 business days to address the
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deficiencies by submitting the required additional information.
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(b) Within 10 business days after receipt of such
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additional information, the local government shall issue a
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written notification to the applicant indicating that all
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required information is submitted or specify in writing with
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particularity any areas that remain deficient. The local
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government may request additional information up to three times
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if necessary to address an initially identified area of
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deficiency, provided that the local government shall issue the
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written notification to the applicant concerning a second or
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third request for additional information within 5 business days.
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However, the local government may not raise a new area of
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deficiency in a subsequent request for additional information
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unless the deficiency was caused by a material change introduced
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by the applicant in the additional information provided to the
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local government. Before making a third request for additional
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information, the local government must offer the applicant a
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meeting to discuss and resolve any outstanding areas of
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deficiency. If the applicant believes that a request for
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additional information is not authorized by law, the local
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government, at the applicant's request, must process the
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application for approval or denial. If a local government deems
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an application incomplete after making three requests for
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additional information, the local government must process the
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application for approval or denial.
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(c) For applications that do not require final action
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through a quasi-judicial hearing or a public hearing, the local
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government must approve, approve with conditions, or deny the
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development application within 60 days after the local
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government has deemed the application complete. For applications
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that require final action through a quasi-judicial hearing or a
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public hearing, the local government must approve, approve with
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conditions, or deny the development application within 90 days
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after the local government has deemed the application complete.
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Any denial of the application must include written findings
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supporting the local government's decision.
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(d) At any point during the timeframes specified in
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paragraph (a) or paragraph (b), an applicant may request, and
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the local government must grant, an extension of time for up to
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60 business days. However, a local government may not impose an
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extension of time or require an applicant to request an
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extension of time.
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(e) If a local government fails to issue a written
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notification of completeness or written specification of areas
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of deficiency or make a final determination on an application
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within the timeframes specified in paragraphs (a), (b), and (c),
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the application is deemed approved and the local government must
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issue written notification of approval by the next business day
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and issue to the applicant a refund equal to 100 percent of the
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application fee. This paragraph shall not apply if the delay is
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caused by the applicant or the delay is attributable to a force
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majeure or other extraordinary circumstance.
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(f) The timeframes contained in this subsection do not
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supersede any other timeframes provided in state law which are
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less restrictive than this subsection for property owners or
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development, such as a shorter timeframe for a local government
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to review documentation or to approve a development application.
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(8) This section does not prohibit, limit, or otherwise
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restrict a condominium association, a homeowners' association,
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or a cooperative from adopting or approving governing documents,
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or a property owner from establishing deed restrictions, if such
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adoption, approval, or establishment is voluntary and not
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imposed by a local government.
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(9) Any local government regulation contrary to this
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section is void and unenforceable to the extent that it
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conflicts with this section.
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Section 4. Subsection (6) is added to section 177.071,
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Florida Statutes, to read:
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177.071 Administrative approval of plats or replats by
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designated county or municipal official.—
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(6) Subsection (3) does not apply to a plat or a replat
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under this part for a residential lot as defined in s.
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163.3254(3). For such plats and replats, the administrative
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authority shall follow the application procedures established in
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s. 163.3254(8).
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Section 5. Section 553.382, Florida Statutes, is amended
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to read:
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553.382 Placement of certain housing.—Notwithstanding any
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other law or ordinance to the contrary, in order to expand the
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availability of affordable housing in this state, any
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residential manufactured building that is certified under this
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chapter by the department may be placed on a mobile home lot in
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a mobile home park, recreational vehicle park, or mobile home
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condominium, cooperative, or subdivision or on any lot in a
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recreational vehicle park. Any such housing unit placed on a
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mobile home lot is a mobile home for purposes of chapter 723
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and, therefore, all rights, obligations, and duties under
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chapter 723 apply, including the specifics of the prospectus.
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However, a housing unit subject to this section may not be
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placed on a mobile home lot without the prior written approval
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of the park owner. Each housing unit subject to this section
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which is placed on a mobile home lot shall be taxed as a mobile
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home under s. 320.08(11) and is subject to payments to the
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Florida Mobile Home Relocation Fund under s. 723.06116.
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Section 6. This act shall take effect July 1, 2026.