THE BILL ITSELF
CS/CS/HB 837
Affordable Housing
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A bill to be entitled
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An act relating to affordable housing; amending ss.
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125.01055 and 166.04151, F.S.; revising the
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definitions of certain land use categories for which
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certain residential development may be authorized to
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exclude farms and farm operations and uses associated
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therewith; revising the definition of the term
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"industrial use" to exclude certain facilities;
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providing exceptions; 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. Paragraphs (n) and (o) of subsection (7) of
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section 125.01055, Florida Statutes, are amended to read:
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125.01055 Affordable housing.—
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(7)
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(n) As used in this subsection, the term:
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1. "Commercial use" means activities associated with the
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sale, rental, or distribution of products or the performance of
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services related thereto. The term includes, but is not limited
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to, such uses or activities as retail sales; wholesale sales;
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rentals of equipment, goods, or products; offices; restaurants;
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public lodging establishments as described in s. 509.242(1)(a);
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food service vendors; sports arenas; theaters; tourist
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attractions; and other for-profit business activities. A parcel
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zoned to permit such uses by right without the requirement to
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obtain a variance or waiver is considered commercial use for the
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purposes of this section, irrespective of the local land
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development regulation's listed category or title. The term does
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not include home-based businesses or cottage food operations
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undertaken on residential property;, public lodging
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establishments as described in s. 509.242(1)(c); farms or farm
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operations as defined in s. 823.14(3) or uses associated
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therewith, including the packaging and sale of products raised
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on the premises;, or uses that are accessory, ancillary,
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incidental to the allowable uses, or allowed only on a temporary
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basis. Recreational uses, such as golf courses, tennis courts,
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swimming pools, and clubhouses, within an area designated for
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residential use are not commercial use, irrespective of how they
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are operated.
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2. "Industrial use" means activities associated with the
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manufacture, assembly, processing, or storage of products or the
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performance of services related thereto. The term includes, but
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is not limited to, such uses or activities as automobile
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manufacturing or repair, boat manufacturing or repair, junk
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yards, meat packing facilities, citrus processing and packing
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facilities, produce processing and packing facilities,
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electrical generating plants, water treatment plants, sewage
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treatment plants, and solid waste disposal sites. A parcel zoned
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to permit such uses by right without the requirement to obtain a
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variance or waiver is considered industrial use for the purposes
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of this section, irrespective of the local land development
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regulation's listed category or title. The term does not include
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farms or farm operations as defined in s. 823.14(3) or uses
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associated therewith, including the packaging and sale of
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products raised on the premises, or uses that are accessory,
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ancillary, incidental to the allowable uses, or allowed only on
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a temporary basis. Recreational uses, such as golf courses,
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tennis courts, swimming pools, and clubhouses, within an area
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designated for residential use are not industrial use,
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irrespective of how they are operated.
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3. "Mixed use" means any use that combines multiple types
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of approved land uses from at least two of the residential use,
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commercial use, and industrial use categories. The term does not
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include farms or farm operations as defined in s. 823.14(3) or
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uses associated therewith, including the packaging and sale of
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products raised on the premises, or uses that are accessory,
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ancillary, incidental to the allowable uses, or allowed only on
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a temporary basis. Recreational uses, such as golf courses,
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tennis courts, swimming pools, and clubhouses, within an area
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designated for residential use are not mixed use, irrespective
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of how they are operated.
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4. "Planned unit development" has the same meaning as
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provided in s. 163.3202(5)(b).
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(o) This subsection does not apply to:
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1. Airport-impacted areas as provided in s. 333.03.
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2. Property defined as recreational and commercial working
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waterfront in s. 342.201(2)(b) in any area zoned as industrial.
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3. The Wekiva Study Area, as described in s. 369.316.
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4. The Everglades Protection Area, as defined in s.
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373.4592(2).
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5. Areas subject to land development regulations as
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defined in s. 163.3164 that are in existence before July 1,
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2026, which are intended to retain the open character of land,
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including, but not limited to, open space districts, open space
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recreation districts, open use estate districts, open use rural
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districts, and park and open space districts.
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6. Any area of critical state concern, as designated in
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ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555.
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7. The Florida wildlife corridor, as defined in s.
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259.1055(4).
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Section 2. Paragraphs (n) and (o) of subsection (7) of
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section 166.04151, Florida Statutes, are amended to read:
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166.04151 Affordable housing.—
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(7)
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(n) As used in this subsection, the term:
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1. "Commercial use" means activities associated with the
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sale, rental, or distribution of products or the performance of
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services related thereto. The term includes, but is not limited
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to, such uses or activities as retail sales; wholesale sales;
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rentals of equipment, goods, or products; offices; restaurants;
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public lodging establishments as described in s. 509.242(1)(a);
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food service vendors; sports arenas; theaters; tourist
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attractions; and other for-profit business activities. A parcel
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zoned to permit such uses by right without the requirement to
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obtain a variance or waiver is considered commercial use for the
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purposes of this section, irrespective of the local land
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development regulation's listed category or title. The term does
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not include home-based businesses or cottage food operations
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undertaken on residential property;, public lodging
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establishments as described in s. 509.242(1)(c); farms or farm
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operations as defined in s. 823.14(3) or uses associated
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therewith, including the packaging and sale of products raised
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on the premises;, or uses that are accessory, ancillary,
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incidental to the allowable uses, or allowed only on a temporary
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basis. Recreational uses, such as golf courses, tennis courts,
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swimming pools, and clubhouses, within an area designated for
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residential use are not commercial use, irrespective of how they
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are operated.
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2. "Industrial use" means activities associated with the
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manufacture, assembly, processing, or storage of products or the
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performance of services related thereto. The term includes, but
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is not limited to, such uses or activities as automobile
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manufacturing or repair, boat manufacturing or repair, junk
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yards, meat packing facilities, citrus processing and packing
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facilities, produce processing and packing facilities,
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electrical generating plants, water treatment plants, sewage
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treatment plants, and solid waste disposal sites. A parcel zoned
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to permit such uses by right without the requirement to obtain a
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variance or waiver is considered industrial use for the purposes
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of this section, irrespective of the local land development
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regulation's listed category or title. The term does not include
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farms or farm operations as defined in s. 823.14(3) or uses
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associated therewith, including the packaging and sale of
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products raised on the premises, or uses that are accessory,
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ancillary, incidental to the allowable uses, or allowed only on
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a temporary basis. Recreational uses, such as golf courses,
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tennis courts, swimming pools, and clubhouses, within an area
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designated for residential use are not industrial use,
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irrespective of how they are operated.
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3. "Mixed use" means any use that combines multiple types
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of approved land uses from at least two of the residential use,
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commercial use, and industrial use categories. The term does not
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include farms or farm operations as defined in s. 823.14(3) or
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uses associated therewith, including the packaging and sale of
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products raised on the premises, or uses that are accessory,
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ancillary, incidental to the allowable uses, or allowed only on
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a temporary basis. Recreational uses, such as golf courses,
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tennis courts, swimming pools, and clubhouses, within an area
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designated for residential use are not mixed use, irrespective
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of how they are operated.
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4. "Planned unit development" has the same meaning as
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provided in s. 163.3202(5)(b).
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(o) This subsection does not apply to:
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1. Airport-impacted areas as provided in s. 333.03.
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2. Property defined as recreational and commercial working
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waterfront in s. 342.201(2)(b) in any area zoned as industrial.
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3. The Wekiva Study Area, as described in s. 369.316.
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4. The Everglades Protection Area, as defined in s.
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373.4592(2).
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5. Areas subject to land development regulations as
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defined in s. 163.3164 that are in existence before July 1,
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2026, which are intended to retain the open character of land,
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including, but not limited to, open space districts, open space
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recreation districts, open use estate districts, open use rural
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districts, and park and open space districts.
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6. Any area of critical state concern, as designated in
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ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555.
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7. The Florida wildlife corridor, as defined in s.
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259.1055(4).
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Section 3. This act shall take effect July 1, 2026.