THE BILL ITSELF
HB 1183
Transportation Infrastructure Land Development Regulations
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A bill to be entitled
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An act relating to transportation infrastructure land
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development regulations; providing a short title;
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creating s. 163.32035, F.S.; providing legislative
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findings; defining terms; requiring the governing body
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of a county or municipality to adopt an ordinance, and
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the governing body of a special district to adopt a
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resolution, establishing specified transit-oriented
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development (TOD) zones and rural livable urban
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village (LUV) areas by a certain date; requiring a
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local government to zone for mixed use, and authorize
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certain commercial uses for, lots within TOD zones and
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rural LUV areas; defining the term "mixed use";
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prohibiting a local government from imposing certain
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building regulations in specified TOD zones and rural
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LUV areas; prohibiting the reduction or elimination of
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TOD zones after establishment; prohibiting a local
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government from imposing certain regulations for lots
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that contain historic property; providing an
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exception; providing a private cause of action for
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certain real property owners and housing
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organizations; defining the term "housing
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organization"; specifying the procedure for such
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actions; authorizing the award of specified relief;
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providing that a prevailing plaintiff is entitled to
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attorney fees and costs; providing a waiver of
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sovereign immunity; encouraging public transit
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providers, public agencies, and local governments to
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develop land within specified TOD zones; requiring
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that net proceeds from such development be kept in a
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specified fund for certain purposes; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Transit-Oriented
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Development Act" or the "TOD Act."
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Section 2. Section 163.32035, Florida Statutes, is created
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to read:
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163.32035 Land development regulations; regulation of
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housing near transportation infrastructure.—
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(1) The Legislature finds that:
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(a) The median price of homes in this state 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 has
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caused the costs of home ownership and renting to often exceed
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an amount that is affordable for residents of this state.
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(c) There is chronic traffic congestion on roadways in
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this state which constrains economic activity across this state.
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(d) The housing shortage and chronic traffic congestion
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constitute threats to the health, safety, and welfare of the
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residents of this state and are caused, to a significant extent,
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by land use and development regulations imposed by local
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governments without a compelling governmental interest relating
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to transit-oriented development.
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(e) Such regulations substantially burden the basic rights
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under the State Constitution to acquire, possess, and protect
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property and inhibit the construction of transit-oriented
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development and livable urban villages.
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(f) The optimal location to construct housing is near
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transit infrastructure, such as rail systems and rapid transit
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systems, to minimize the traffic congestion of new residents and
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to maximize state investments in transportation.
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(g) The public purpose sought to be achieved by allowing
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housing and commercial development near transit infrastructure
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and in livable urban villages is to increase the supply of
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housing near transit infrastructure and reduce chronic traffic
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congestion, thereby making homeownership and renting more
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affordable, increasing economic activity across this state, and
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maximizing state investments in transportation.
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(2) As used in this section, the term:
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(a) "Adjacent" means that two lots share more than one
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point of a property line. Lots are not adjacent if separated by
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a body of water, including manmade lakes or ponds, or by a
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public easement or other right-of-way, including roads,
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railroads, or canals.
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(b) "Adjacent to a single-family home" means adjacent to a
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lot that is one of at least 25 contiguous residential lots, all
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of which contain single-family detached homes on the date a
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development application is submitted.
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(c) "Building height" means the number of stories or the
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number of feet measured above grade or, if applicable, above the
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base flood elevation established by the Federal Emergency
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Management Agency.
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(d) "Compelling governmental interest" means a
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governmental interest of the highest order that cannot be
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achieved through less restrictive means. A compelling
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governmental interest must have a real and substantial
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connection to protecting public safety, health, or reasonable
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enjoyments and expectations of property, such as requiring
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structural integrity, safe plumbing, or safe electricity of
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buildings, or preventing and abating nuisances.
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(e) "Livable urban village" or "LUV" means an area where
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residential development is allowed on lots that are zoned for
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commercial, industrial, and mixed use, so that housing may be
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constructed near amenities and jobs.
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(f) "Local government" means a county, municipality, or
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special district.
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(g) "Lot" means a parcel, tract, tier, block, site, unit,
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or any other division of land that is:
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1. Zoned for residential, commercial, industrial, or mixed
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use; or
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2. Partly or wholly located within a flexibly zoned area
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where development is permitted for a use thereof,
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and is not located within an area of critical state concern
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designated pursuant to s. 380.05.
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(h) "Nuisance" means persistent activity that injures the
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physical condition or interferes with the use of adjacent land,
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is injurious to health or safety, or objectively offends the
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senses.
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(i) "Permanent public transit stop" means a stop or
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station for a bus rapid transit service, a rail service, a
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commuter rail service as defined in s. 341.301, an intercity
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rail transportation system as defined in s. 341.301, or a fixed-
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guideway transportation system as defined in 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 an
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intercity rail transportation system in a rural community as
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defined in s. 288.0656(2).
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(j) "Population" means, for a county or municipality, the
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highest of the following population estimates:
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1. The most recent decennial United States Census.
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2. The most recent United States Census Bureau American
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Community Survey 5-year estimate.
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3. The most recent United States Census Bureau American
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Community Survey 1-year estimate.
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(k) "Rural LUV area" means an area composed of lots that
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are located in the county seat, or the largest municipality by
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population, of a county that is a rural community as defined in
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s. 288.0656(2), which lots are zoned for commercial, industrial,
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or mixed use or are partly or wholly within a flexibly zoned
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area where development is permitted for commercial, industrial,
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or mixed use.
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(l) "Tier 1 TOD zone" means the area of all lots partly or
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wholly within a one-quarter mile radius of a permanent public
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transit stop that is open for use on or after January 1, 2026.
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(m) "Tier 2 TOD zone" means the area of all lots partly or
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wholly within a one-quarter mile to one-half mile radius of a
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permanent public transit stop that is open for use on or after
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January 1, 2026, excluding any lot within a Tier 1 TOD zone.
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(n) "Transit-oriented development" or "TOD" means a mixed-
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use development that is all of the following:
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1. High density or high intensity.
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2. Located near a permanent public transit stop.
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3. Intended to promote transportation by walking,
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bicycling, or public transit.
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(3)(a) By December 1, 2026, the governing body of a county
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or municipality shall adopt an ordinance, and the governing body
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of a special district shall adopt a resolution, establishing
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Tier 1 TOD zones, Tier 2 TOD zones, and rural LUV areas.
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1. For all lots located within a Tier 1 TOD zone, a Tier 2
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TOD zone, or a rural LUV area, a local government shall do all
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of the following:
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a. Zone the lots for mixed use. For purposes of this sub-
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subparagraph, the term "mixed use" means that residential use,
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commercial use, and a combination thereof are allowable uses, in
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addition to any existing industrial use, if applicable.
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b. Authorize commercial uses that include, but are not
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limited to, hotels; restaurants; offices, including medical and
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dental offices; financial services, including banks and credit
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unions; and retail sales and services, including grocery stores
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and pharmacies.
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2. In Tier 1 TOD zones, a local government may not impose
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any of the following:
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a. A maximum building height of less than 8 stories or 85
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feet, or less than 4 stories or 45 feet for lots adjacent to a
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single-family home.
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b. A maximum floor area ratio for residential use of less
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than 6.0, or less than 3.0 for lots adjacent to a single-family
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home.
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c. A maximum floor area ratio for commercial use of less
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than 3.0, or less than 2.0 for lots adjacent to a single-family
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home.
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d. Any minimum setback requirement for the side, front,
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and rear property lines.
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e. A requirement that greater than 10 percent of the lot
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area be reserved for open space or permeable surface.
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f. A required minimum number of parking spaces.
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The maximum building heights and floor area ratios specified in
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this subparagraph are doubled for any lot located partly or
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wholly within a county with a population that exceeds 800,000 or
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within a municipality with a population that exceeds 75,000.
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3. In Tier 2 TOD zones, a local government may not impose
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any of the following:
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a. A maximum building height of less than 4 stories or 45
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feet, or less than 3 stories or 35 feet for lots adjacent to a
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single-family home.
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b. A maximum floor area ratio for residential use of less
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than 3.0, or less than 2.0 for lots adjacent to a single-family
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home.
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c. A maximum floor area ratio for commercial use of less
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than 3.0, or less than 2.0 for lots adjacent to a single-family
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home.
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d. Any minimum setback requirement for the side, front, or
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rear property lines.
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e. A requirement that greater than 20 percent of the lot
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area be reserved for open space or permeable surface.
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f. A required minimum number of parking spaces.
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The maximum building heights and floor area ratios specified in
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this subparagraph are doubled for any lot located partly or
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wholly within a county with a population that exceeds 800,000 or
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within a municipality with a population that exceeds 75,000.
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4. In rural LUV areas, a local government may not impose
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any of the following:
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a. A maximum building height of less than 4 stories or 45
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feet.
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b. A maximum floor area ratio for residential use of less
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than 3.0.
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c. A maximum floor area ratio for commercial use of less
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than 2.0.
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d. A minimum setback requirement of greater than 0 feet
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from the side property lines, 10 feet from the rear property
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line, or 20 feet from the front property line.
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e. A requirement that greater than 30 percent of the lot
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area be reserved for open space or permeable surface.
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f. A required minimum number of parking spaces greater
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than 1 per residential dwelling unit.
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5. For a lot within a TOD zone or rural LUV area, a local
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government may not impose any of the following:
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a. Any limitation, restriction, or prohibition regarding
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any type of single-family or multifamily use.
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b. A maximum density, such as a maximum number of dwelling
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units per acre.
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c. A minimum size for dwellings or dwelling units greater
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than that required by the Florida Building Code.
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(b) A TOD zone established pursuant to this subsection may
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not be reduced or eliminated thereafter, including for the
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closure of a permanent public transit stop after the TOD zone is
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established.
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(4) A local government may not impose a regulation that
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prohibits, limits, or otherwise restricts residential or
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commercial development authorized within a TOD zone under this
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section for any lot that contains historic property as defined
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in s. 267.021, except for any regulation that prohibits, limits,
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or otherwise restricts demolition or alteration of a structure
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or building that is individually listed in the National Register
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of Historic Places or that is a contributing structure or
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building within a historic district which was listed in the
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National Register of Historic Places before January 1, 2000.
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(5)(a) A real property owner or housing organization that
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is aggrieved or adversely affected by a regulation imposed by a
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local government in violation of this section may maintain a
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cause of action for damages in the county in which the real
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property is located. As used in this paragraph, the term
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"housing organization" means a trade or industry group that
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constructs or manages housing units, a nonprofit organization
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that provides or advocates for increased access or reduced
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barriers to housing, or a nonprofit organization that is engaged
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in public policy research, education, or outreach that includes
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housing-policy-related issues.
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(b)1. In a proceeding under this subsection, an aggrieved
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or adversely affected party is entitled to the summary procedure
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provided in s. 51.011, and the court shall advance the cause on
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the calendar. The court shall review the evidence de novo and
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enter written findings of fact based on the preponderance of the
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evidence that a local government has imposed a regulation in
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violation of this section.
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2. An aggrieved or adversely affected party shall prevail
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in an action filed under this subsection unless the local
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government demonstrates to the court by clear and convincing
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evidence that the regulation is:
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a. In furtherance of a compelling governmental interest;
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and
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b. The least restrictive means of furthering the
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compelling governmental interest.
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(c) The court may do any of the following:
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1. Enter a declaratory judgment as provided by chapter 86.
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2. Issue a writ of mandamus.
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3. Issue an injunction to prevent a violation of this
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section.
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4. Remand the matter to the land development regulation
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commission for action consistent with the judgment.
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(d) The prevailing plaintiff is entitled to recover
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reasonable attorney fees and costs, including reasonable
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appellate attorney fees and costs.
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(6) Sovereign immunity is waived for local governments to
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the extent that liability is created under this section.
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(7) A public transit provider as defined in s. 341.031(1)
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is encouraged to develop land within Tier 1 and Tier 2 TOD zones
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in accordance with this section. Any net proceeds from such
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development shall be kept in the public transit agency's fund
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for operations, maintenance, and capital improvements. Public
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agencies, such as the Department of Transportation and local
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governments, are also encouraged to develop the land within Tier
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1 and Tier 2 TOD zones in accordance with this section and to
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transfer a portion of the net proceeds to the public transit
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agency's fund for operations, maintenance, and capital
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improvements.
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Section 3. This act shall take effect July 1, 2026.