THE BILL ITSELF
HB 1465
Restrictions on Local Government Regulations After a Hurricane
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A bill to be entitled
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An act relating to restrictions on local government
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regulations after a hurricane; amending s. 252.422,
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F.S.; defining the terms "burdensome" and
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"restrictive"; revising the circumstances under which
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certain land use regulations may be enforced; removing
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obsolete language; amending s. 28 of chapter 2025-190,
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Laws of Florida; revising the circumstances under
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which certain land use regulations may be enforced;
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revising the persons authorized to bring specific
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civil actions; requiring certain pending applications
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be processed in a specified manner; providing
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definitions; 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. Subsections (1), (3), and (5) of Section
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252.422, Florida Statutes, are amended to read:
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252.422 Restrictions on county or municipal regulations
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after a hurricane.—
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(1) As used in this section, the term:
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(a) "Burdensome" means an action proposed, adopted, or
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enforced, including the interpretation of existing regulations
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or inaction on pending applications, by a county or municipality
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that decreases the allowable density, intensity, or floor area
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ratio on land, that decreases the amount of property available
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to be developed, that has the effect of increasing an impact fee
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exceeding 25 percent over a two-year period, or that restricts
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or limits the use or future use of real property such that
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negatively impacts the economic value of the property.
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(b) "Impacted local government" means a county listed in a
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federal disaster declaration located entirely or partially
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within 100 miles of the track of a storm declared to be a
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hurricane by the National Hurricane Center while the storm was
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categorized as a hurricane or a municipality located within such
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a county.
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(c) "Restrictive" means an action proposed, adopted, or
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enforced, including the interpretation of existing regulations,
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by a county or municipality concerning the review, approval, or
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issuance of a site plan, development permit, or development
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order, to the extent that those terms are defined by s.
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163.3164, or concerning policies or procedures relating to its
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comprehensive plan or land development regulations, that
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increases the time for such review, approval, or issuance, or
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that creates additional reviews or applications, and includes
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the inaction by a county or municipality that creates a delay in
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such review, approval, or issuance.
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(3) Notwithstanding subsection (2), a comprehensive plan
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amendment, land development regulation amendment, site plan,
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development permit, or development order approved or adopted by
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an impacted local government before or after June 26, 2025, may
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be enforced if:
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(a) The associated application is initiated by a private
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party other than the impacted local government and the property
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that is the subject of the application is owned by the
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initiating private party;
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(b) The proposed comprehensive plan amendment was
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submitted to reviewing agencies pursuant to s. 163.3184 before
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landfall; or
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(c) The proposed comprehensive plan amendment or land
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development regulation is approved by the state land planning
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agency pursuant to s. 380.05;
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(d) The application is submitted by a county or
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municipality for the purposes of being in compliance with s.
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163.3191. Such amendment shall be limited in scope and
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application, and shall only be enforced if the amendment is
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necessary to be in compliance with changes in federal or state
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law; or
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(e) The application submitted by a county or municipality
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substantially increases the allowable density and intensity of
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property throughout the jurisdiction, implements a form based
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code, and does not substantially restrict the development of
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property outside an urban service area.
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(5) The Office of Program Policy Analysis and Government
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Accountability (OPPAGA) shall conduct a study on actions taken
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by local governments after hurricanes which are related to
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comprehensive plans, land development regulations, and
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procedures for review, approval, or issuance of site plans,
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permits, or development orders. The study must focus on the
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impact that local governmental actions, including moratoriums,
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ordinances, and procedures, have had or may have on
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construction, reconstruction, or redevelopment of any property
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damaged by hurricanes. In its research, OPPAGA shall survey
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stakeholders that play integral parts in the rebuilding and
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recovery process. OPPAGA shall make recommendations for
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legislative options to remove impediments to the construction,
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reconstruction, or redevelopment of any property damaged by a
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hurricane and prevent the implementation by local governments of
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burdensome or restrictive procedures and processes. OPPAGA shall
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submit the report to the President of the Senate and the Speaker
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of the House of Representatives by December 1, 2025.
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Section 2. Section 28 of chapter 2025-190, Laws of
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Florida, is amended to read:
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Section 28. (1) Each county listed in the Federal Disaster
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Declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR-
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4828), or Hurricane Milton (DR-4834), and each municipality
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within one of those counties, may not propose or adopt any
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moratorium on construction, reconstruction, or redevelopment of
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any property damaged by such hurricanes; propose or adopt more
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restrictive or burdensome amendments to its comprehensive plan
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or land development regulations; or propose or adopt more
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restrictive or burdensome procedures concerning review,
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approval, or issuance of a site plan, development permit, or
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development order, to the extent that those terms are defined by
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s. 163.3164, Florida Statutes, before October 1, 2027, and any
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such moratorium or restrictive or burdensome comprehensive plan
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amendment, land development regulation, or procedure shall be
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null and void ab initio. This subsection applies retroactively
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to August 1, 2024.
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(2) Notwithstanding subsection (1), any comprehensive plan
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amendment, land development regulation amendment, site plan,
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development permit, or development order approved or adopted by
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a county or municipality before or after the effective date of
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this act may be enforced if:
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(a) The associated application is initiated by the owner
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of the property that is the subject of the application and such
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owner is not a private party other than the county or
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municipality;.
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(b) The property that is the subject of the application is
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submitted by a county or municipality for the purposes of being
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in compliance with s. 163.3191, Florida Statutes; or owned by
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the initiating private party
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(c) The application submitted by a county or municipality
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substantially increases the allowable density and intensity of
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property throughout the jurisdiction, implements a form based
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code, and does not substantially restrict the development of
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property outside an urban service area.
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(3)(a) A resident of or the owner of a business or
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property in a county or municipality may bring a civil action
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for declaratory and injunctive relief against the county or
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municipality for a violation of this section. Pending
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adjudication of the action and upon filing of a complaint
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showing a violation of this section, the resident or business
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owner is entitled to a preliminary injunction against the county
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or municipality preventing implementation of the moratorium or
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the comprehensive plan amendment, land development regulation,
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or procedure. If such civil action is successful, the resident
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or business owner is entitled to reasonable attorney fees and
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costs.
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(b) Attorney fees and costs and damages may not be awarded
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pursuant to this subsection if:
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1. The resident or business owner provides the governing
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body of the county or municipality written notice that a
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proposed or enacted moratorium, comprehensive plan amendment,
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land development regulation, or procedure is in violation of
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this section; and
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2. The governing body of the county or municipality
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withdraws the proposed moratorium, comprehensive plan amendment,
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land development regulation, or procedure within 14 days; or, in
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the case of an adopted moratorium, comprehensive plan amendment,
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land development regulation, or procedure, the governing body of
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a county or municipality notices an intent to repeal within 14
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days after receipt of the notice and repeals the moratorium,
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comprehensive plan amendment, land development regulation, or
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procedure within 14 days thereafter.
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(4) An application for review, approval, or issuance of a
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site plan, development permit, development order, including the
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interpretation of existing regulations, or adoption of an
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amendment to a comprehensive plan, pending as of March 31, 2026,
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shall be processed for consideration by local government and
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effective upon approval or adoption irrespective of the local
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governments adoption of a more restrictive or burdensome
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amendment to its comprehensive plan or land development
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regulations during the period that the application is pending.
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(5) For the purposes of this section the term:
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(a) "Burdensome" has the same meaning as in s. 252.422,
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Florida Statutes.
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(b) "Property owner" means the person who holds legal
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title to the real property that is the subject of and directly
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impacted by the action of a governmental entity. The term does
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not include a governmental entity.
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(c) "Restrictive" has the same meaning as in s. 252.422,
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Florida Statutes.
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(6)(4) This section expires June 30, 2028.
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Section 3. This act shall take effect July 1, 2026.