CS/CS/CS/HB 399 full text · Session Watch

2 An act relating to land use and development

3 regulations; amending ss. 125.022 and 166.033, F.S.;

4 requiring the amount of application fees associated

5 with development permits or orders to reasonably

6 relate to certain costs; requiring such fees to be

7 published on the county's or municipality's fee

8 schedule, respectively; prohibiting such fees from

9 being based on certain costs or valuations; amending

10 s. 163.31777, F.S.; requiring public schools

11 interlocal agreements to address reasonable access to

12 certain public easements and public rights-of-way;

13 creating s. 163.31803, F.S.; providing legislative

14 intent; defining the term "large destination resort";

15 requiring local governments to administratively

16 approve applications for minor special exceptions or

17 variances submitted by large destination resorts that

18 meet certain requirements; defining the term "minor

19 special exception or variance"; providing for the

20 expiration of specified provisions; creating s.

21 163.31804, F.S.; prohibiting the conditioning of a

22 local government permit or other approval for a

23 facility that processes compost on a specified

24 requirement; authorizing a local government to require

25 certain landowners to supply certain turnouts;

26 prohibiting a local government from requiring the

27 purchase of additional property for a specified

28 purpose; prohibiting local governments from revoking

29 existing permits for such facilities under certain

30 circumstances; amending s. 163.3194, F.S.; requiring

31 local government comprehensive plans and land

32 development regulations to include factors for

33 assessing the compatibility of certain residential

34 uses; requiring land development regulations to

35 incorporate measures for mitigating or minimizing

36 potential incompatibility; requiring local government

37 staff to meet certain requirements before recommending

38 denial of certain applications on compatibility

39 grounds; prohibiting a local government from denying

40 certain applications on compatibility grounds if the

41 applicant has proposed certain measures; providing an

42 exception; requiring the denial of an application to

43 specify with particularity certain information;

44 authorizing a local government's approval of an

45 application to include certain requirements or

46 conditions; providing applicability; providing

47 construction; amending s. 553.382, F.S.; prohibiting

48 residential manufactured buildings from being denied a

49 building permit for placement on certain lots;

50 requiring that certain housing units continue to meet

51 certain requirements; requiring housing units located

52 on a mobile home lot to be taxed in a specified manner

53 and be subject to payments to a specified fund;

54 creating s. 553.385, F.S.; defining the terms "local

55 government" and "off-site constructed residential

56 dwelling"; requiring off-site constructed residential

57 dwellings to be permitted as of right in certain

58 zoning districts; prohibiting local governments from

59 adopting or enforcing regulations that treat off-site

60 constructed residential dwellings in a specified

61 manner; providing construction; providing requirements

62 for compatibility and design standards; prohibiting a

63 local government from regulating or restricting off-

64 site constructed residential dwellings based on

65 certain information; prohibiting a local government

66 from adopting or enforcing certain ordinances,

67 regulations, and policies; requiring local government

68 regulations to be reasonable and uniformly enforced;

69 providing effective dates.

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

73 Section 1. Effective January 1, 2027, subsection (9) of

74 section 125.022, Florida Statutes, is renumbered as subsection

75 (10), and a new subsection (9) is added to that section to read:

76 125.022 Development permits and orders.—

77 (9) The amount of any application fee associated with a

78 development permit or development order must reasonably relate

79 to the direct and reasonable indirect costs associated with the

80 review, processing, and final disposition of the application and

81 must be published on the county's fee schedule. The fee may not

82 be based on a percentage of construction costs, site costs, or

83 project valuation.

84 Section 2. Effective January 1, 2027, subsection (9) of

85 section 166.033, Florida Statutes, is renumbered as subsection

86 (10), and a new subsection (9) is added to that section to read:

87 166.033 Development permits and orders.—

88 (9) The amount of any application fee associated with a

89 development permit or development order must reasonably relate

90 to the direct and reasonable indirect costs associated with the

91 review, processing, and final disposition of the application and

92 must be published on the municipality's fee schedule. The fee

93 may not be based on a percentage of construction costs, site

94 costs, or project valuation.

95 Section 3. Effective January 1, 2027, paragraph (j) is

96 added to subsection (2) of section 163.31777, Florida Statutes,

97 to read:

98 163.31777 Public schools interlocal agreement.—

99 (2) At a minimum, the interlocal agreement must address

100 the following issues:

101 (j) Reasonable access, where available, to public

102 easements and public rights-of-way which may be necessary for

103 the siting, construction, expansion, or improvement of public

104 school facilities, including charter schools, consistent with

105 adopted level-of-service standards, school concurrency

106 requirements, and applicable public facilities planning

107 requirements.

108 Section 4. Section 163.31803, Florida Statutes, is created

109 to read:

110 163.31803 Large destination resorts.—

111 (1) It is the intent of the Legislature to promote and

112 sustain national and international tourism to this state by

113 encouraging the ongoing maintenance, renewal, renovation, and

114 improvement of large destination resorts. The Legislature finds

115 that a uniform, statewide approach is necessary to avoid

116 inconsistent local regulation that impedes improvements and to

117 ensure predictability and timeliness in the development and

118 improvement of qualifying large destination resorts.

119 (2) As used in this section, the term:

120 (a) "Large destination resort" means a public lodging

121 establishment as defined in s. 509.013 that is comprised of at

122 least 5 contiguous acres owned and controlled by the same

123 business entity, containing at least 500 guest rooms, and that

124 has had an average occupancy rate of at least 70 percent in the

125 past 3 years.

126 (b) "Minor" means a special exception or variance that

127 applies to no more than 20 percent of the total area of the

128 parcel.

129 (3) A local government must administratively approve,

130 without further action by the local government or any quasi-

131 judicial or administrative reviewing body, any application for a

132 minor special exception or variance submitted by a large

133 destination resort for the maintenance, modification, or

134 refurbishment of an existing structure or site that is not a

135 contributing structure which is listed in the National Register

136 of Historic Places, provided such changes are consistent with

137 the existing permitted or accessory uses in the land use

138 category of the local government comprehensive plan or zoning

139 district in which the structure or site is located at the time

140 the large destination resort applies for a building permit or

141 any other permit with respect to the changes.

142 (4) This section expires July 1, 2031.

143 Section 5. Section 163.31804, Florida Statutes, is created

144 to read:

145 163.31804 Permits or other approval for facilities that

146 process compost.—

147 (1) A local government permit or other approval for a

148 facility that processes compost as defined in s. 576.011 may not

149 be conditioned on a requirement to purchase additional property

150 to expand the footprint of an existing privately owned road,

151 but, where possible, the landowner may be required to supply

152 turnouts for emergency vehicles. The local government may not

153 require that additional property be purchased in order to

154 provide such turnouts.

155 (2) An existing permit for a facility that processes

156 compost as defined in s. 576.011 may not be revoked by the local

157 government if such activity is regulated through and in

158 compliance with applicable implemented best management

159 practices, interim measures, or regulations adopted as rules

160 under chapter 120 by the Department of Environmental Protection,

161 the Department of Agriculture and Consumer Services, or a water

162 management district as part of a statewide or regional program.

163 Section 6. Effective January 1, 2027, subsection (7) is

164 added to section 163.3194, Florida Statutes, to read:

165 163.3194 Legal status of comprehensive plan.—

166 (7)(a) Local government comprehensive plans and land

167 development regulations must include factors for assessing the

168 compatibility of allowable residential uses within a residential

169 zoning district and future land use category.

170 (b) Land development regulations must incorporate measures

171 for mitigating or minimizing potential incompatibility.

172 (c)1. Before recommending denial of an application for

173 rezoning, subdivision, or site plan approval on compatibility

174 grounds, local government staff must identify with specificity

175 each area of incompatibility and may recommend mitigation

176 measures to the applicant.

177 2. If the applicant has proposed mitigation measures, the

178 local government may not deny an application on compatibility

179 grounds unless the denial includes written findings stating that

180 the proposed mitigation measures are inadequate and that

181 feasible mitigation measures do not exist.

182 3. A denial of an application on compatibility grounds

183 must specify with particularity the area or areas of

184 incompatibility, including applicable standards and an

185 explanation of any mitigation measures considered and declined

186 by the applicant, or the basis for determining that feasible

187 mitigation measures do not exist. References to "community

188 character" or "neighborhood feel" are not sufficient, in and of

189 themselves, to support a denial of an application on

190 compatibility grounds.

191 4. A local government's approval of an application may

192 include requirements or conditions to mitigate or minimize

193 compatibility concerns.

194 (d) This subsection does not apply to any of the

195 following:

196 1. Compatibility between uses in different future land use

197 categories, including rural, agricultural, conservation, open

198 space, mixed-use, industrial, or commercial use.

199 2. Applications for development within planned unit

200 developments or master planned communities.

201 3. Applications for development within historic districts

202 designated before January 1, 2026.

203 (e) This subsection does not require approval of an

204 application that is otherwise inconsistent with the applicable

205 local government comprehensive plan or land development

206 regulations.

207 Section 7. Effective January 1, 2027, section 553.382,

208 Florida Statutes, is amended to read:

209 553.382 Placement of certain housing.—Notwithstanding any

210 other law or ordinance to the contrary, in order to expand the

211 availability of affordable housing in this state, any

212 residential manufactured building that is certified under this

213 chapter by the department may not be denied a building permit

214 for placement ~~be placed~~ on a mobile home lot in a mobile home

215 park, on any lot in a recreational vehicle park, or in a mobile

216 home condominium, cooperative, or subdivision. Any such housing

217 unit placed on a mobile home lot is a mobile home for purposes

218 of chapter 723 and, therefore, all rights, obligations, and

219 duties under chapter 723 apply, including the specifics of the

220 prospectus. However, a housing unit subject to this section may

221 not be placed on a mobile home lot without the prior written

222 approval of the park owner. Any such housing unit must continue

223 to meet all requirements associated with the permit allocation

224 system of the Florida Keys Area of Critical State Concern

225 designated pursuant to s. 380.0552. Each housing unit located on

226 a mobile home lot and subject to this section shall be taxed as

227 a mobile home under s. 320.08(11) and is subject to payments to

228 the Florida Mobile Home Relocation Fund under s. 723.06116.

229 Section 8. Effective January 1, 2027, section 553.385,

230 Florida Statutes, is created to read:

231 553.385 Zoning of off-site constructed residential

232 dwellings; parity.—

233 (1) As used in this section, the term:

234 (a) "Local government" means a county or municipality.

235 (b) "Off-site constructed residential dwelling" means:

236 1. A manufactured building, as defined in s. 553.36,

237 intended for single-family residential use; or

238 2. A manufactured home, as defined in s. 320.01(2)(b),

240 which is constructed, in whole or in part, off site and is

241 treated as real property.

242 (2)(a) An off-site constructed residential dwelling must

243 be permitted as of right in any zoning district where single-

244 family detached dwellings are allowed.

245 (b) A local government may not adopt or enforce any

246 zoning, land use, or development regulation that treats an off-

247 site constructed residential dwelling differently or more

248 restrictively than a single-family, site-built dwelling allowed

249 in the same zoning district.

250 (c) This section does not prohibit a local government from

251 applying generally applicable architectural, aesthetic, design,

252 setback, height, or bulk standards, provided such standards are

253 applied uniformly to all single-family dwellings in the same

254 zoning district.

255 (d) Compatibility or design standards must be reasonable,

256 may not have the effect of excluding off-site constructed

257 residential dwellings, and, if adopted, must apply equally to

258 single-family, site-built dwellings. Such standards are limited

259 to:

260 1. Roof pitch.

261 2. Minimum square footage of livable space.

262 3. Type and quality of exterior finishing materials.

263 4. Foundation enclosure.

264 5. Existence and type of attached structures.

265 6. Building setbacks, lot dimensions, and orientation.

266 (e) A local government may not regulate or restrict an

267 off-site constructed residential dwelling based solely on:

268 1. The method of construction;

269 2. The location of construction; or

270 3. The presence of components constructed off site.

271 (3) A local government may not adopt or enforce any

272 ordinance, regulation, or policy that conflicts with this

273 section or s. 553.38, or that has the effect of excluding off-

274 site constructed residential dwellings. Any such ordinance,

275 regulation, or policy is void and unenforceable as applied to

276 off-site constructed residential dwellings.

277 (4) Local government regulations must be reasonable and

278 uniformly enforced without distinction as to housing type.

279 Section 9. Except as otherwise expressly provided in this

280 act, this act shall take effect upon becoming a law.