THE BILL ITSELF
HB 217
Land Use Regulations
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A bill to be entitled
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An act relating to land use regulations; amending
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chapter 2025-190, Laws of Florida; defining the term
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"impacted local government"; making conforming
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changes; providing for retroactive application;
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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. Section 28 of chapter 2025-190, Laws of
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Florida, is amended to read:
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Section 28. (1) As used in this section, the term
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"impacted local government" means a county listed in the Federal
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Disaster Declaration for Hurricane Debby (DR-4806), Hurricane
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Helene (DR-4828), or Hurricane Milton (DR-4834) which was
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designated or within which a tribal area was designated as
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eligible for both individual assistance and public assistance
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under the Robert T. Stafford Disaster Relief and Emergency
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Assistance Act, 42 U.S.C. 5121 et seq., and each municipality
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within one of those counties.
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(2) An impacted local government Each county listed in the
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Federal Disaster Declaration for Hurricane Debby (DR-4806),
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Hurricane Helene (DR-4828), or Hurricane Milton (DR-4834), and
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each municipality within one of those counties, may not propose
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or adopt any moratorium on construction, reconstruction, or
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redevelopment of any property damaged by Hurricane Debby,
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Hurricane Helene, or Hurricane Milton such hurricanes; propose
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or adopt more restrictive or burdensome amendments to its
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comprehensive plan or land development regulations; or propose
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or adopt more restrictive or burdensome procedures concerning
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review, approval, or issuance of a site plan, development
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permit, or development order, to the extent that those terms are
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defined by s. 163.3164, Florida Statutes, before October 1,
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2027, and any such moratorium or restrictive or burdensome
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comprehensive plan amendment, land development regulation, or
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procedure shall be null and void ab initio. This subsection
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applies retroactively to August 1, 2024.
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(3)(2) Notwithstanding subsection (2) (1), any
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comprehensive plan amendment, land development regulation
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amendment, site plan, development permit, or development order
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approved or adopted by an impacted local government a county or
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municipality before or after the effective date of this act 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 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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owned by the initiating private party.
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(4)(a)(3)(a) A resident of or the owner of a business in
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an impacted local government a county or municipality may bring
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a civil action for declaratory and injunctive relief against the
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impacted local government county or municipality for a violation
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of this section. Pending adjudication of the action and upon
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filing of a complaint showing a violation of this section, the
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resident or business owner is entitled to a preliminary
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injunction against the impacted local government county or
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municipality preventing implementation of the moratorium or the
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comprehensive plan amendment, land development regulation, or
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procedure. If such civil action is successful, the resident or
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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 impacted local government county or municipality
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written notice that a proposed or enacted moratorium,
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comprehensive plan amendment, land development regulation, or
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procedure is in violation of this section; and
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2. The governing body of the impacted local government
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county or municipality withdraws the proposed moratorium,
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comprehensive plan amendment, land development regulation, or
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procedure within 14 days; or, in the case of an adopted
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moratorium, comprehensive plan amendment, land development
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regulation, or procedure, the governing body of an impacted
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local government a county or municipality notices an intent to
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repeal within 14 days after receipt of the notice and repeals
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the moratorium, comprehensive plan amendment, land development
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regulation, or procedure within 14 days thereafter.
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(5)(4) This section expires June 30, 2028.
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The amendments made by this act to s. 28 of Section 2.
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chapter 2025-190, Laws of Florida, apply retroactively to August
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1, 2024.
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Section 3. This act shall take effect July 1, 2026.