THE BILL ITSELF
CS/CS/SB 208
Land Use and Development Regulations
Florida Senate - 2026 CS for CS for SB 208 By the Committees on Rules; and Judiciary; and Senator McClain 595-03170-26 2026208c2
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A bill to be entitled
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An act relating to land use and development
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regulations; amending ss. 125.022 and 166.033, F.S.;
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requiring that the amount of certain application fees
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reasonably relate to certain costs; requiring that
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such fees be published on the county’s or
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municipality’s fee schedule, respectively; requiring
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that such fees not be based on certain costs or
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valuations; amending s. 163.31777, F.S.; requiring
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that certain interlocal agreements between school
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boards and local governments address reasonable access
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to certain public easements and public rights-of-way;
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amending s. 163.3194, F.S.; requiring that local
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government comprehensive plans and land development
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regulations include factors for assessing the
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compatibility of certain residential uses; requiring
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that land development regulations incorporate certain
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objective design standards or other measures for
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mitigating or minimizing potential incompatibility;
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requiring local government staff to meet certain
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requirements before recommending denial of certain
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applications on compatibility grounds; prohibiting a
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local government from denying certain applications on
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compatibility grounds if the applicant has proposed
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certain measures; providing an exception; requiring
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that the denial of an application specify certain
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information; providing that a local government’s
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approval of an application may include certain
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requirements or conditions; providing applicability;
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amending s. 553.382, F.S.; authorizing the placement
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of certain residential manufactured buildings on any
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lot in a recreational vehicle park; creating s.
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553.385, F.S.; defining the terms “local government”
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and “offsite constructed residential dwelling”;
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requiring that an offsite constructed residential
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dwelling be permitted as of right in certain zoning
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districts; prohibiting a local government from
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adopting or enforcing certain regulations; providing
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construction; authorizing a local government to adopt
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compatibility standards that are limited to certain
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architectural features; prohibiting a local government
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from treating offsite constructed residential
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dwellings differently than factory-built buildings
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based on certain circumstances; prohibiting a local
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government from adopting or enforcing certain zoning,
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land use, or development ordinances and regulations;
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prohibiting local government ordinances and
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regulations from having certain effects; providing
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that certain local government ordinances and
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regulations are void and unenforceable to a specified
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extent; requiring the Office of Program Policy
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Analysis and Government Accountability (OPPAGA) to
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conduct a study to identify the effects of removing
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certain boundaries; providing requirements for the
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study; requiring OPPAGA to submit the results of the
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study to the Legislature by a specified date;
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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. Present subsection (9) of section 125.022,
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Florida Statutes, is redesignated as subsection (10), and a new
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subsection (9) is added to that section, to read:
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125.022 Development permits and orders.—
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(9) The amount of any application fee associated with a
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development permit or development order must reasonably relate
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to the direct and reasonable indirect costs associated with the
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review, processing, and final disposition of the application and
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must be published on the county’s fee schedule. The fee may not
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be based on a percentage of construction costs, site costs, or
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project valuation.
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Section 2. Present subsection (9) of section 166.033,
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Florida Statutes, is redesignated as subsection (10), and a new
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subsection (9) is added to that section, to read:
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166.033 Development permits and orders.—
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(9) The amount of any application fee associated with a
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development permit or development order must reasonably relate
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to the direct and reasonable indirect costs associated with the
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review, processing, and final disposition of the application and
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must be published on the municipality’s fee schedule. The fee
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may not be based on a percentage of construction costs, site
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costs, or project valuation.
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Section 3. Paragraph (j) is added to subsection (2) of
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section 163.31777, Florida Statutes, to read:
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163.31777 Public schools interlocal agreement.—
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(2) At a minimum, the interlocal agreement must address the
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following issues:
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(j) Reasonable access, where available, to public easements
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and public rights-of-way which may be necessary for the siting,
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construction, expansion, or improvement of public school
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facilities, including charter schools, consistent with adopted
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level-of-service standards, school concurrency requirements, and
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applicable public facilities planning requirements.
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Section 4. Subsection (7) is added to section 163.3194,
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Florida Statutes, to read:
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163.3194 Legal status of comprehensive plan.—
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(7)(a) Local government comprehensive plans and land
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development regulations must include factors for assessing the
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compatibility of allowable residential uses within a residential
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zoning district and future land use category. Such factors may
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include intensity, density, scale, building size, mass, bulk,
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height and orientation, lot coverage, lot size and
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configuration, architectural style, permeability, screening,
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buffers, setbacks, stepbacks, transitional areas, signage,
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traffic and pedestrian circulation and access, and operational
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impacts, such as noise, odor, and lighting.
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(b) Land development regulations must incorporate objective
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design standards or other measures for mitigating or minimizing
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potential incompatibility.
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(c)1. Before recommending denial of an application for
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rezoning, subdivision, or site plan approval on compatibility
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grounds, local government staff must identify with specificity
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each area of incompatibility and may recommend mitigation
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measures to the applicant.
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2. If the applicant has proposed mitigation measures, the
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local government may not deny an application on compatibility
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grounds unless the denial includes written findings stating that
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the proposed mitigation measures are inadequate and that no
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feasible mitigation measures exist.
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3. A denial of an application on compatibility grounds must
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specify with particularity the area or areas of incompatibility,
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including applicable standards and an explanation of any
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mitigation measures considered and declined by the applicant, or
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the basis for determining that no feasible mitigation measures
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exist. References to “community character” or “neighborhood
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feel” are not sufficient in and of themselves to support a
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denial of an application on compatibility grounds.
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4. A local government’s approval of an application may
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include requirements or conditions to mitigate or minimize
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compatibility concerns.
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(d) This subsection does not apply to any of the following:
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1. Compatibility between uses in different future land use
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categories, including rural, agricultural, conservation, open
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space, mixed-use, industrial, or commercial use.
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2. Applications for development within planned unit
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developments or master planned communities.
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3. Applications for development within historic districts
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designated before January 1, 2026.
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(e) This section does not require approval of an
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application that is otherwise inconsistent with the applicable
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local government comprehensive plan or land development
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regulations.
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Section 5. Section 553.382, Florida Statutes, is amended to
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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. Section 553.385, Florida Statutes, is created to
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read:
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553.385 Zoning of offsite constructed residential
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dwellings; parity.—
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(1) As used in this section, the term:
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(a) “Local government” means a county or municipality.
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(b) “Offsite 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 single-family residential use, or a manufactured home as
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defined in s. 320.01(2)(b), which is constructed in whole or in
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part offsite and is treated as real property.
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(2)(a) An offsite constructed residential dwelling must be
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permitted as of right in any zoning district where single-family
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detached dwellings are allowed.
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(b) A local government may not adopt or enforce any zoning,
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land use, or development regulation that treats an offsite
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constructed residential dwelling differently or more
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restrictively than a single-family site-built dwelling allowed
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in the same district.
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(c) This section does not prohibit a local government from
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applying generally applicable architectural, aesthetic, design,
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setback, height, or bulk standards to offsite constructed
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residential dwellings, provided such standards apply equally to
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site-built single-family dwellings permitted in the same
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district. A local government may adopt compatibility standards
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that are limited to the following 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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(d) A local government may not treat offsite 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.
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(3) A local government may not adopt or enforce any zoning,
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land use, or development ordinance or regulation that conflicts
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with this section or s. 553.38 or that imposes different or more
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restrictive treatment on an offsite constructed residential
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dwelling based on its method of construction or the presence of
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components built off site. Local government ordinances and
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regulations may not have the effect of excluding offsite
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constructed residential dwellings and must be reasonable and
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uniformly enforced without any distinction as to the type of
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housing. Any such ordinance or regulation is void and
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unenforceable as applied to offsite constructed residential
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dwellings.
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Section 7. (1) The Office of Program Policy Analysis and
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Government Accountability (OPPAGA) shall conduct a study to
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identify the effects of removing the Urban Development Boundary
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(UDB) and other similar boundaries in Miami-Dade County and
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other counties.
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(2) The study must:
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(a) Address whether counties may control growth through
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other zoning and land use designations.
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(b) Include an analysis of the economic benefits related to
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the cost of land and housing.
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(c) Analyze whether local counties have the ability to
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protect the environment and water quality without having a UDB
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or similar boundary within their respective jurisdictions.
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(3) By December 1, 2026, OPPAGA shall submit the results of
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the study to the President of the Senate and the Speaker of the
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House of Representatives.
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Section 8. This act shall take effect January 1, 2027.