SB 1548 full text · Session Watch

Florida Senate - 2026 SB 1548 By Senator Calatayud 38-01065A-26 20261548__

1 A bill to be entitled

2 An act relating to affordable housing; amending ss.

3 125.01055 and 166.04151, F.S.; requiring counties and

4 municipalities, respectively, to authorize certain

5 residential use on property owned by a county,

6 municipality, or school district under certain

7 circumstances; providing requirements for certain

8 proposed developments; prohibiting counties and

9 municipalities, respectively, from restricting the

10 height of certain proposed developments through other

11 dimensional means and from requiring certain setbacks

12 or stepbacks; revising the definitions of the terms

13 “commercial use” and “industrial use”; authorizing

14 applicants for certain proposed developments to notify

15 the county or municipality, as applicable, by a

16 specified date of intent to proceed under certain

17 provisions; requiring counties and municipalities to

18 allow certain applicants to submit revised

19 applications, written requests, and notices of intent

20 to account for changes made by the act; amending s.

21 333.03, F.S.; providing an exception authorizing the

22 applicability of certain provisions to certain

23 proposed developments, if approved by the governing

24 body of an airport; amending s. 760.22, F.S.; revising

25 the definition of the term “person”; amending s.

26 760.26, F.S.; revising a prohibition on discriminatory

27 practices in land use decisions and in permitting of

28 development to include housing that is affordable;

29 amending s. 760.35, F.S.; waiving the state’s

30 sovereign immunity for certain causes of action based

31 upon housing discrimination; providing applicability;

32 providing an effective date.

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

36 Section 1. Paragraphs (a), (d), and (n) of subsection (7)

37 of section 125.01055, Florida Statutes, are amended to read:

38 125.01055 Affordable housing.—

39 (7)(a) A county must authorize multifamily and mixed-use

40 residential as allowable uses in any area zoned for commercial,

41 industrial, or mixed use, ~~and~~ in portions of any flexibly zoned

42 area such as a planned unit development permitted for

43 commercial, industrial, or mixed use, and on property owned by a

44 county, municipality, or school district, if at least 40 percent

45 of the residential units in a proposed multifamily development

46 are rental units that, for a period of at least 30 years, are

47 affordable as defined in s. 420.0004. Notwithstanding any other

48 law, local ordinance, or regulation to the contrary, a county

49 may not require a proposed multifamily development to obtain a

50 zoning or land use change, special exception, conditional use

51 approval, variance, transfer of density or development units,

52 amendment to a development of regional impact, or comprehensive

53 plan amendment for the building height, zoning, and densities

54 authorized under this subsection. For mixed-use residential

55 projects, at least 65 percent of the total square footage must

56 be used for residential purposes. The county may not require

57 that more than 10 percent of the total square footage of such

58 mixed-use residential projects be used for nonresidential

59 purposes. A proposed development on property owned by a county,

60 municipality, or school district must be within the geographic

61 boundaries of the respective county, municipality, or school

62 district, and the respective county, municipality, or school

63 district must be a party to the application for the proposed

64 development.

65 (d)1. A county may not restrict the height of a proposed

66 development authorized under this subsection below the highest

67 currently allowed, or allowed on July 1, 2023, height for a

68 commercial or residential building located in its jurisdiction

69 within 1 mile of the proposed development or three stories,

70 whichever is higher. A county may not restrict height below the

71 height authorized under this paragraph through other dimensional

72 means, such as height determined by setbacks or stepbacks, or

73 vice versa, or require setbacks or stepbacks that are more

74 restrictive than the minimum setbacks or stepbacks of the

75 underlying zoning applicable to the proposed development. For

76 purposes of this paragraph, the term “highest currently allowed

77 height” does not include the height of any building that met the

78 requirements of this subsection or the height of any building

79 that has received any bonus, variance, or other special

80 exception for height provided in the county’s land development

81 regulations as an incentive for development.

82 2. If the proposed development is adjacent to, on two or

83 more sides, a parcel zoned for single-family residential use

84 which is within a single-family residential development with at

85 least 25 contiguous single-family homes, the county may restrict

86 the height of the proposed development to 150 percent of the

87 tallest building on any property adjacent to the proposed

88 development, the highest currently allowed, or allowed on July

89 1, 2023, height for the property provided in the county’s land

90 development regulations, or three stories, whichever is higher,

91 not to exceed 10 stories. For the purposes of this paragraph,

92 the term “adjacent to” means those properties sharing more than

93 one point of a property line, but does not include properties

94 separated by a public road.

95 3. If the proposed development is on a parcel with a

96 contributing structure or building within a historic district

97 which was listed in the National Register of Historic Places

98 before January 1, 2000, or is on a parcel with a structure or

99 building individually listed in the National Register of

100 Historic Places, the county may restrict the height of the

101 proposed development to the highest currently allowed, or

102 allowed on July 1, 2023, height for a commercial or residential

103 building located in its jurisdiction within three-fourths of a

104 mile of the proposed development or three stories, whichever is

105 higher. The term “highest currently allowed” in this paragraph

106 includes the maximum height allowed for any building in a zoning

107 district irrespective of any conditions.

108 (n) As used in this subsection, the term:

109 1. “Commercial use” means activities associated with the

110 sale, rental, or distribution of products or the performance of

111 services related thereto. The term includes, but is not limited

112 to, such uses or activities as retail sales; wholesale sales;

113 rentals of equipment, goods, or products; offices; restaurants;

114 public lodging establishments as described in s. 509.242(1)(a);

115 food service vendors; sports arenas; theaters; tourist

116 attractions; and other for-profit business activities. A parcel

117 zoned to permit such uses by right without the requirement to

118 obtain a variance or waiver is considered commercial use for the

119 purposes of this section, irrespective of the local land

120 development regulation’s listed category or title. The term does

121 not include home-based businesses or cottage food operations

122 undertaken on residential property, public lodging

123 establishments as described in s. 509.242(1)(c), or uses that

124 are accessory, ancillary, incidental to the allowable uses, or

125 allowed only on a temporary basis. Recreational uses, such as

126 golf courses, tennis courts, swimming pools, and clubhouses,

127 within an area designated for residential use are not commercial

128 use, irrespective of how they are operated. Farms and farm

129 operations as those terms are defined in s. 823.14(3) and uses

130 associated therewith, including the packaging and sale of

131 products raised on the premises, are not commercial use.

132 2. “Industrial use” means activities associated with the

133 manufacture, assembly, processing, or storage of products or the

134 performance of services related thereto. The term includes, but

135 is not limited to, such uses or activities as automobile

136 manufacturing or repair, boat manufacturing or repair, junk

137 yards, meat packing facilities, citrus processing and packing

138 facilities, produce processing and packing facilities,

139 electrical generating plants, water treatment plants, sewage

140 treatment plants, and solid waste disposal sites. A parcel zoned

141 to permit such uses by right without the requirement to obtain a

142 variance or waiver is considered industrial use for the purposes

143 of this section, irrespective of the local land development

144 regulation’s listed category or title. The term does not include

145 uses that are accessory, ancillary, incidental to the allowable

146 uses, or allowed only on a temporary basis. Recreational uses,

147 such as golf courses, tennis courts, swimming pools, and

148 clubhouses, within an area designated for residential use are

149 not industrial use, irrespective of how they are operated. Farms

150 and farm operations as those terms are defined in s. 823.14(3)

151 and uses associated therewith, including the packaging and sale

152 of products raised on the premises, are not industrial use.

153 3. “Mixed use” means any use that combines multiple types

154 of approved land uses from at least two of the residential use,

155 commercial use, and industrial use categories. The term does not

156 include uses that are accessory, ancillary, incidental to the

157 allowable uses, or allowed only on a temporary basis.

158 Recreational uses, such as golf courses, tennis courts, swimming

159 pools, and clubhouses, within an area designated for residential

160 use are not mixed use, irrespective of how they are operated.

161 4. “Planned unit development” has the same meaning as

162 provided in s. 163.3202(5)(b).

163 Section 2. Paragraphs (a), (d), and (n) of subsection (7)

164 of section 166.04151, Florida Statutes, are amended to read:

165 166.04151 Affordable housing.—

166 (7)(a) A municipality must authorize multifamily and mixed

167 use residential as allowable uses in any area zoned for

168 commercial, industrial, or mixed use, ~~and~~ in portions of any

169 flexibly zoned area such as a planned unit development permitted

170 for commercial, industrial, or mixed use, and on property owned

171 by a county, municipality, or school district, if at least 40

172 percent of the residential units in a proposed multifamily

173 development are rental units that, for a period of at least 30

174 years, are affordable as defined in s. 420.0004. Notwithstanding

175 any other law, local ordinance, or regulation to the contrary, a

176 municipality may not require a proposed multifamily development

177 to obtain a zoning or land use change, special exception,

178 conditional use approval, variance, transfer of density or

179 development units, amendment to a development of regional

180 impact, amendment to a municipal charter, or comprehensive plan

181 amendment for the building height, zoning, and densities

182 authorized under this subsection. For mixed-use residential

183 projects, at least 65 percent of the total square footage must

184 be used for residential purposes. The municipality may not

185 require that more than 10 percent of the total square footage of

186 such mixed-use residential projects be used for nonresidential

187 purposes. A proposed development on property owned by a county,

188 municipality, or school district must be within the geographic

189 boundaries of the respective county, municipality, or school

190 district, and the respective county, municipality, or school

191 district must be a party to the application for the proposed

192 development.

193 (d)1. A municipality may not restrict the height of a

194 proposed development authorized under this subsection below the

195 highest currently allowed, or allowed on July 1, 2023, height

196 for a commercial or residential building located in its

197 jurisdiction within 1 mile of the proposed development or three

198 stories, whichever is higher. A municipality may not restrict

199 height below the height authorized under this paragraph through

200 other dimensional means, such as height determined by setbacks

201 or stepbacks, or vice versa, or require setbacks or stepbacks

202 that are more restrictive than the minimum setbacks or stepbacks

203 of the underlying zoning applicable to the proposed development.

204 For purposes of this paragraph, the term “highest currently

205 allowed height” does not include the height of any building that

206 met the requirements of this subsection or the height of any

207 building that has received any bonus, variance, or other special

208 exception for height provided in the municipality’s land

209 development regulations as an incentive for development.

210 2. If the proposed development is adjacent to, on two or

211 more sides, a parcel zoned for single-family residential use

212 that is within a single-family residential development with at

213 least 25 contiguous single-family homes, the municipality may

214 restrict the height of the proposed development to 150 percent

215 of the tallest building on any property adjacent to the proposed

216 development, the highest currently allowed, or allowed on July

217 1, 2023, height for the property provided in the municipality’s

218 land development regulations, or three stories, whichever is

219 higher, not to exceed 10 stories. For the purposes of this

220 paragraph, the term “adjacent to” means those properties sharing

221 more than one point of a property line, but does not include

222 properties separated by a public road or body of water,

223 including manmade lakes or ponds. For a proposed development

224 located within a municipality within an area of critical state

225 concern as designated by s. 380.0552 or chapter 28-36, Florida

226 Administrative Code, the term “story” includes only the

227 habitable space above the base flood elevation as designated by

228 the Federal Emergency Management Agency in the most current

229 Flood Insurance Rate Map. A story may not exceed 10 feet in

230 height measured from finished floor to finished floor, including

231 space for mechanical equipment. The highest story may not exceed

232 10 feet from finished floor to the top plate.

233 3. If the proposed development is on a parcel with a

234 contributing structure or building within a historic district

235 which was listed in the National Register of Historic Places

236 before January 1, 2000, or is on a parcel with a structure or

237 building individually listed in the National Register of

238 Historic Places, the municipality may restrict the height of the

239 proposed development to the highest currently allowed, or

240 allowed on July 1, 2023, height for a commercial or residential

241 building located in its jurisdiction within three-fourths of a

242 mile of the proposed development or three stories, whichever is

243 higher. The term “highest currently allowed” in this paragraph

244 includes the maximum height allowed for any building in a zoning

245 district irrespective of any conditions.

246 (n) As used in this subsection, the term:

247 1. “Commercial use” means activities associated with the

248 sale, rental, or distribution of products or the performance of

249 services related thereto. The term includes, but is not limited

250 to, such uses or activities as retail sales; wholesale sales;

251 rentals of equipment, goods, or products; offices; restaurants;

252 public lodging establishments as described in s. 509.242(1)(a);

253 food service vendors; sports arenas; theaters; tourist

254 attractions; and other for-profit business activities. A parcel

255 zoned to permit such uses by right without the requirement to

256 obtain a variance or waiver is considered commercial use for the

257 purposes of this section, irrespective of the local land

258 development regulation’s listed category or title. The term does

259 not include home-based businesses or cottage food operations

260 undertaken on residential property, public lodging

261 establishments as described in s. 509.242(1)(c), or uses that

262 are accessory, ancillary, incidental to the allowable uses, or

263 allowed only on a temporary basis. Recreational uses, such as

264 golf courses, tennis courts, swimming pools, and clubhouses,

265 within an area designated for residential use are not commercial

266 use, irrespective of how they are operated. Farms and farm

267 operations as those terms are defined in s. 823.14(3) and uses

268 associated therewith, including the packaging and sale of

269 products raised on the premises, are not commercial use.

270 2. “Industrial use” means activities associated with the

271 manufacture, assembly, processing, or storage of products or the

272 performance of services related thereto. The term includes, but

273 is not limited to, such uses or activities as automobile

274 manufacturing or repair, boat manufacturing or repair, junk

275 yards, meat packing facilities, citrus processing and packing

276 facilities, produce processing and packing facilities,

277 electrical generating plants, water treatment plants, sewage

278 treatment plants, and solid waste disposal sites. A parcel zoned

279 to permit such uses by right without the requirement to obtain a

280 variance or waiver is considered industrial use for the purposes

281 of this section, irrespective of the local land development

282 regulation’s listed category or title. The term does not include

283 uses that are accessory, ancillary, incidental to the allowable

284 uses, or allowed only on a temporary basis. Recreational uses,

285 such as golf courses, tennis courts, swimming pools, and

286 clubhouses, within an area designated for residential use are

287 not industrial use, irrespective of how they are operated. Farms

288 and farm operations as those terms are defined in s. 823.14(3)

289 and uses associated therewith, including the packaging and sale

290 of products raised on the premises, are not industrial use.

291 3. “Mixed use” means any use that combines multiple types

292 of approved land uses from at least two of the residential use,

293 commercial use, and industrial use categories. The term does not

294 include uses that are accessory, ancillary, incidental to the

295 allowable uses, or allowed only on a temporary basis.

296 Recreational uses, such as golf courses, tennis courts, swimming

297 pools, and clubhouses, within an area designated for residential

298 use are not mixed use, irrespective of how they are operated.

299 4. “Planned unit development” has the same meaning as

300 provided in s. 163.3202(5)(b).

301 Section 3. An applicant for a proposed development

302 authorized under s. 125.01055(7), Florida Statutes, or s.

303 166.04151(7), Florida Statutes, who submitted an application, a

304 written request, or a notice of intent to use such provisions to

305 the county or municipality and which application, written

306 request, or notice of intent has been received by the county or

307 municipality, as applicable, before July 1, 2026, may notify the

308 county or municipality by July 1, 2026, of its intent to proceed

309 under the provisions of s. 125.01055(7), Florida Statutes, or s.

310 166.04151(7), Florida Statutes, as they existed at the time of

311 submittal. A county or municipality, as applicable, shall allow

312 an applicant who submitted such an application, written request,

313 or notice of intent before July 1, 2026, the opportunity to

314 submit a revised application, written request, or notice of

315 intent to account for the changes made by this act.

316 Section 4. Subsection (5) of section 333.03, Florida

317 Statutes, is amended to read:

318 333.03 Requirement to adopt airport zoning regulations.—

319 (5) Sections 125.01055(7) and 166.04151(7) do not apply to

320 any of the following , unless the respective application is

321 approved by the governing body of the airport :

322 (a) A proposed development near a runway within one-quarter

323 of a mile laterally from the runway edge and within an area that

324 is the width of one-quarter of a mile extending at right angles

325 from the end of the runway for a distance of 10,000 feet of any

326 existing airport runway or planned airport runway identified in

327 the local government’s airport master plan.

328 (b) A proposed development within any airport noise zone

329 identified in the federal land use compatibility table or in a

330 land-use zoning or airport noise regulation adopted by the local

331 government.

332 (c) A proposed development that exceeds maximum height

333 restrictions identified in the political subdivision’s airport

334 zoning regulation adopted pursuant to this section.

335 Section 5. Subsection (8) of section 760.22, Florida

336 Statutes, is amended to read:

337 760.22 Definitions.—As used in ss. 760.20-760.37, the term:

338 (8) “Person” includes one or more individuals,

339 corporations, partnerships, associations, labor organizations,

340 legal representatives, mutual companies, joint-stock companies,

341 trusts, unincorporated organizations, trustees, trustees in

342 bankruptcy, receivers, ~~and~~ fiduciaries , agencies, governmental

343 entities, and other legal or commercial entities .

344 Section 6. Section 760.26, Florida Statutes, is amended to

345 read:

346 760.26 Prohibited discrimination in land use decisions and

347 in permitting of development.—It is unlawful to discriminate in

348 land use decisions or in the permitting of development based on

349 race, color, national origin, sex, disability, familial status,

350 or religion, or, except as otherwise provided by law, based on

351 the source of financing of a development or proposed

352 development , including, but not limited to, financing of a

353 development or on a proposed development for housing that is

354 affordable as defined in s. 420.0004 .

355 Section 7. Subsection (4) of section 760.35, Florida

356 Statutes, is amended to read:

357 760.35 Civil actions and relief; administrative

358 procedures.—

359 (4) If the court finds that a person has engaged in a

360 discriminatory housing practice ~~has occurred~~ , it must ~~shall~~

361 issue an order prohibiting the practice and providing

362 affirmative relief from the effects of the practice, including

363 injunctive and other equitable relief, actual and punitive

364 damages, and reasonable attorney fees and costs. In accordance

365 with s. 13, Art. X of the State Constitution, the state, for

366 itself and its agencies or political subdivisions, waives

367 sovereign immunity for a cause of action based upon the

368 application of this section. Such waiver is limited only to

369 actions brought under this section.

370 Section 8. This act shall take effect July 1, 2026.