CS/CS/SB 1342 full text · Session Watch

Florida Senate - 2026 CS for CS for SB 1342 By the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Community Affairs; and Senator Rouson 606-03018-26 20261342c2

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; encouraging public transit providers

28 and public agencies to develop land within specified

29 TOD zones; requiring that net proceeds from such

30 development be kept in a specified fund for certain

31 purposes; requiring that certain residential or

32 commercial development comply with certain laws and

33 regulations; providing construction; providing

34 severability; providing an effective date.

36 Be It Enacted by the Legislature of the State of Florida:

38 Section 1. Subsection (49) of section 163.3164, Florida

39 Statutes, is amended to read:

40 163.3164 Community Planning Act; definitions.—As used in

41 this act:

42 (49) “Transit-oriented development” or “TOD” means a

43 project or projects , in areas ~~identified in a local government~~

44 ~~comprehensive plan,~~ that are is or will be served by existing or

45 planned transit service. These ~~designated~~ areas must allow ~~shall~~

46 be compact, moderate to high density or intensity developments ,

47 of mixed-use character which are ~~, interconnected with other land~~

48 ~~uses,~~ bicycle and pedestrian friendly , and designed to support

49 or allow the use ~~frequent transit service operating through~~ ,

50 collectively or separately, of any of the following:

51 (a) A bus rapid transit service as defined in s.

52 163.32035(3)(d).

53 (b) A commuter rail service as defined in s. 341.301.

54 (c) An intercity rail transportation system as defined in

55 s. 341.301.

56 (d) A fixed-guideway transportation system as defined in s.

57 341.031(2).

58 (e) A streetcar system.

59 (f) A bus system ~~rail, fixed guideway, streetcar, or bus~~

60 ~~systems~~ on dedicated facilities or available roadway

61 connections.

62 Section 2. Section 163.32035, Florida Statutes, is created

63 to read:

64 163.32035 Transit-Oriented Development Act.—The Transit

65 Oriented Development Act is created to make homeownership,

66 renting, and leasing more affordable for the residents of this

67 state and reduce chronic traffic congestion for the residents of

68 this state, by increasing the supply of housing and allowing

69 more residential and commercial development near transit

70 infrastructure.

71 (1) This section may be cited as the “Transit-Oriented

72 Development Act” or the “TOD Act.”

73 (2) The Legislature finds that:

74 (a) The median price of homes in this state increased

75 steadily in the decade preceding 2026, rising at a greater rate

76 of increase than the median income in this state.

77 (b) There is a housing shortage in this state which has

78 caused the costs of homeownership, renting, and leasing to often

79 exceed an amount that is affordable for residents of this state.

80 (c) There is chronic traffic congestion on roadways in this

81 state which constrains economic activity across this state.

82 (d) Constructing housing near transit infrastructure, such

83 as rail systems and rapid transit systems, will minimize the

84 traffic congestion caused by new residents and maximize state

85 and local government investments in transit infrastructure.

86 (e) The important public purpose sought to be achieved by

87 allowing an increase in residential and commercial development

88 near transit infrastructure is to increase the supply of housing

89 near transit infrastructure and reduce chronic traffic

90 congestion, which will make homeownership, renting, and leasing

91 more affordable for residents of this state, increase economic

92 activity across this state, and maximize state and local

93 government investments in transit infrastructure.

94 (3) As used in this section, the term:

95 (a) “Adjacent” means that two lots share more than one

96 point of a property line. Lots are not adjacent if separated by

97 a body of water, including manmade lakes or ponds, or by a

98 public easement or other right-of-way, including roads,

99 railroads, or canals.

100 (b) “Adjacent to a single-family home” means adjacent to a

101 lot that is one of at least 25 contiguous residential lots, all

102 of which contain single-family detached homes on the date a

103 development application is submitted.

104 (c) “Building height” means the number of stories or the

105 number of feet measured above grade or, if applicable, above the

106 base flood elevation established by the Federal Emergency

107 Management Agency.

108 (d) “Bus rapid transit service” means a bus service with

109 headways of 15 minutes or less during peak periods which

110 operates in business access and transit lanes or in a right-of

111 way or lanes dedicated for public transit. If a bus service

112 meets the criteria of this paragraph for one or more parts, but

113 not all, of its route, the term includes only the parts of the

114 route which meet the criteria. As used in this paragraph, the

115 term “dedicated for public transit” means dedicated for at least

116 4 hours per business day. The term “business day” means all

117 calendar days except Saturdays, Sundays, and holidays under s.

118 110.117(1).

119 (e) “By right” means administrative approval by a local

120 government of a development application that objectively

121 complies with applicable zoning regulations and for which the

122 local government may not impose a public hearing; any action by

123 a governing body, reviewing body, or quasi-judicial body; a

124 variance; a conditional use permit, special permit, or special

125 exception; or any other discretionary regulation.

126 (f) “Comprehensive plan” has the same meaning as in s.

127 163.3164.

128 (g) “Development” has the same meaning as in s. 380.04(1)

129 and includes the division of a parent parcel into two lots.

130 (h) “Development application” means an application for

131 approval of any of the following:

132 1. A lot split or subdivision.

133 2. A plat or replat.

134 3. A development bonus for additional height, density, or

135 floor area ratio.

136 4. The demolition of an existing structure, if the

137 demolition objectively complies with applicable regulations.

138 5. Any other development order or development permit as

139 those terms are defined in s. 163.3164, except for building

140 permits.

141 (i) “Eligible lot” means a lot that is:

142 1. Zoned for residential, commercial, industrial, or mixed

143 use; or

144 2. Partly or wholly located within a flexibly zoned area

145 where development is permitted for a use thereof.

147 The term does not include a lot that is located within an area

148 of critical state concern designated pursuant to s. 380.05 or a

149 lot that contains a structure or building that is individually

150 listed in the National Register of Historic Places or that is a

151 contributing structure or building within a historic district

152 which was listed in the National Register of Historic Places

153 before January 1, 2000.

154 (j) “Impose” means request or adopt, enact, establish,

155 maintain, enforce, mandate, compel, force, or otherwise require.

156 (k) “Land development regulation” has the same meaning as

157 in s. 163.3164.

158 (l) “Local government” means a county, municipality, or

159 special district.

160 (m) “Lot” means a parcel, tract, tier, block, site, unit,

161 or any other division of land.

162 (n) “Objectively” means in a way that involves no personal

163 or subjective judgment by a public official and that is

164 uniformly verifiable by reference to an external and uniform

165 benchmark or criterion available and knowable by both the local

166 government and the development applicant, development proponent,

167 or property owner, as applicable.

168 (o) “Parent parcel” means the original lot from which

169 subsequent lots are created.

170 (p) “Permanent public transit stop” means a stop or station

171 for passenger use of a bus rapid transit service, a commuter

172 rail service as defined in s. 341.301, an intercity rail

173 transportation system as defined in s. 341.301, a fixed-guideway

174 transportation system as defined in s. 341.031(2), or a

175 streetcar system. The term does not include any of the

176 following:

177 1. A stop or station for a people-mover system in a public

178 use airport as defined in s. 332.004.

179 2. A stop or station that is used exclusively for a freight

180 rail service as defined in s. 343.545(1).

181 3. A stop or station in a rural community as defined in s.

182 288.0656(2) for an intercity rail transportation system.

183 (q) “Regulation” means any of the following:

184 1. A comprehensive plan, development order, land

185 development regulation, development agreement, or land

186 development code. For purposes of this subparagraph, the term

187 “development order” has the same meaning as in s. 163.3164.

188 2. An ordinance, a resolution, a policy, an action, a

189 procedure, or a condition that governs development or land use.

190 For purposes of this subparagraph, the term “land use” has the

191 same meaning as in s. 163.3164.

192 (r) “Tier 1 TOD zone” means the area of all eligible lots

193 partly or wholly within a one-quarter mile radius of a permanent

194 public transit stop.

195 (s) “Tier 2 TOD zone” means the area of all eligible lots

196 partly or wholly within a one-quarter mile to one-half mile

197 radius of a permanent public transit stop, excluding any

198 eligible lot within a Tier 1 TOD zone.

199 (t) “Transit-oriented development” or “TOD” has the same

200 meaning as in s. 163.3164.

201 (4)(a)1. By December 1, 2026, the governing body of each

202 county or municipality shall adopt an ordinance, and the

203 governing body of each special district shall adopt a

204 resolution, establishing Tier 1 TOD zones and Tier 2 TOD zones

205 for each permanent public transit stop that was open for public

206 use within the local government’s jurisdiction during at least

207 one day between January 1, 2026, and July 1, 2026, or that

208 received a notice to proceed for construction within the local

209 government’s jurisdiction before July 1, 2026. By December 1,

210 2026, the local government shall incorporate TOD zones into its

211 comprehensive plan, notwithstanding s. 163.3184, land

212 development regulations, and any other applicable regulations.

213 2. After December 1, 2026, the governing body of each

214 county or municipality shall adopt an ordinance, and the

215 governing body of each special district shall adopt a

216 resolution, establishing Tier 1 TOD zones and Tier 2 TOD zones

217 for each permanent public transit stop that opens for public use

218 within the local government’s jurisdiction after July 1, 2026,

219 or that receives a notice to proceed for construction within the

220 local government’s jurisdiction after July 1, 2026. The local

221 government shall establish such TOD zones within 6 months after

222 the permanent public transit stop opens for public use or

223 receives a notice to proceed for construction, whichever occurs

224 first.

225 (b)1. In addition to other existing and lawful uses, the

226 local government shall zone all eligible lots located within a

227 Tier 1 TOD zone or a Tier 2 TOD zone for mixed use. For purposes

228 of this subparagraph, the term “mixed use” means that single

229 family and multifamily residential use, commercial use, and a

230 combination thereof are allowable uses by right, and the term

231 “commercial use” means activities associated with the sale,

232 rental, or distribution of products or the performance of

233 services related thereto, including, but not limited to, retail

234 sales and services; wholesale sales; rentals of equipment,

235 goods, or products; offices; restaurants; hotels as described in

236 s. 509.242(1)(a); food service vendors; sports arenas; theaters;

237 tourist attractions; and other for-profit business activities.

238 The term “commercial use” does not include:

239 a. Home-based businesses or cottage food operations

240 undertaken on residential property, vacation rentals as

241 described in s. 509.242(1)(c), or uses that are accessory,

242 ancillary, incidental to the allowable uses, or allowed only on

243 a temporary basis; or

244 b. Farms or farm operations as those terms are defined in

245 s. 823.14(3) or uses associated therewith, including the

246 packaging and sale of products raised on the premises.

247 2. In Tier 1 TOD zones, a local government may not impose

248 regulations that require any of the following:

249 a. A maximum building height of less than 8 stories or 85

250 feet, or less than 4 stories or 45 feet for eligible lots

251 adjacent to a single-family home.

252 b. A maximum floor area ratio for residential use of less

253 than 6.0, or less than 3.0 for eligible lots adjacent to a

254 single-family home.

255 c. A maximum floor area ratio for commercial use of less

256 than 3.0, or less than 2.0 for eligible lots adjacent to a

257 single-family home.

258 d. Any minimum setback requirement for the side, front, and

259 rear property lines.

260 e. A requirement that greater than 10 percent of the lot

261 area be reserved for open space or permeable surface.

262 f. A required minimum number of parking spaces.

264 The maximum building heights and floor area ratios specified in

265 this subparagraph are doubled for any eligible lot located

266 partly or wholly within a county with a population that exceeds

267 800,000, calculated according to the most recent decennial

268 United States Census, or partly or wholly within a municipality

269 that is in such a county.

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.

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, calculated according to the most recent decennial

291 United States Census, or partly or wholly within a municipality

292 that is in such a county.

293 4. For an eligible lot within a Tier 1 TOD zone or Tier 2

294 TOD zone, a local government may not impose any of the

295 following:

296 a. Any limitation, restriction, or prohibition on single

297 family or multifamily dwellings.

298 b. A maximum density, including, but not limited to, a

299 maximum number of dwelling units per lot or per acre.

300 c. A minimum size for dwellings or dwelling units greater

301 than that required by the Florida Building Code.

302 (c) A TOD zone established pursuant to this subsection may

303 not be reduced or eliminated thereafter, including for the

304 closure of a permanent public transit stop after the TOD zone is

305 established.

306 (5) A public transit provider as defined in s. 341.031(1)

307 is encouraged to develop land within Tier 1 and Tier 2 TOD zones

308 in accordance with this section. Any net proceeds from such

309 development shall be kept in the public transit agency’s fund

310 for operations, maintenance, and capital improvements. Public

311 agencies, such as the Department of Transportation and local

312 governments, are also encouraged to develop the land within Tier

313 1 and Tier 2 TOD zones in accordance with this section and to

314 transfer a portion of the net proceeds to the public transit

315 agency’s fund for operations, maintenance, and capital

316 improvements.

317 (6) Except as otherwise provided in this section,

318 residential or commercial development authorized within a TOD

319 zone under this section must comply with all applicable state

320 and local laws and regulations. This section does not preempt or

321 replace any protection currently existing for a property located

322 within the boundaries of any of the following areas:

323 (a) The Wekiva Study Area, as described in s. 369.316.

324 (b) The Everglades Protection Area, as defined in s.

325 373.4592(2).

326 (c) The Florida wildlife corridor, as defined in s.

327 259.1055(4).

328 (d) A military installation or range identified in s.

329 163.3175(2).

330 (e) An area with environmentally sensitive lands designated

331 in the local government’s comprehensive plan.

332 (7) If any provision of this section or its application to

333 any person or circumstance is held invalid, the invalidity does

334 not affect any other provisions or applications of this section

335 which can be given effect without the invalid provision or

336 application, and to this end the provisions of this section are

337 severable.

338 Section 3. This act shall take effect July 1, 2026.