SESSION WATCH
Superseded — its companion passed SENATE · SESSION 2026

No. CS/SB 948

Local Government Land Development Regulations and Orders
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SPONSOR
Community Affairs; McClain
FILED BY
Stan McClain — District 9, Republican [search donations]
EFFECTIVE
7/1/2026
COMPANION
CS/CS/CS/HB 399 — CS/SB 948 was set aside and its companion carried the policy

Filed under Development & Land Use.

PROVIDED SUMMARY

Local Government Land Development Regulations and Orders; Requiring counties and municipalities, respectively, to follow certain application procedures for applications for certain development permits and development orders; creating the “Florida Starter Homes Act” for a specified purpose; prohibiting local governments from imposing regulations governing residential lots unless such regulations meet specified requirements; prohibiting local governments from imposing certain regulations if a residential lot is connected to a public water system and a sewerage system; requiring the permitting as of right of an off-site constructed residential dwelling in certain zoning districts, etc.

Full bill text →

Plain English Summary

AI-GENERATED
Forces local governments to approve starter homes and manufactured housing as of right.

Local governments must approve residential lot splits and starter home development as of right within strict deadlines, or the application is automatically approved.

Counties and municipalities are barred from enforcing minimum lot sizes, setbacks, or density limits that exceed specific state caps on lots connected to public water and sewer.

Off-site constructed residential dwellings must be permitted as of right in any zoning district where single-family detached homes are allowed, with equal treatment to site-built homes.

Local governments lose sovereign immunity and face a private right of action with a presumption of invalidity for regulations that violate the new housing requirements.

KEY PROVISIONS
§ 1 Local governments may not impose most residential lot regulations majors. 163.3254(4)(a)

AILocal governments are barred from adopting or enforcing nearly all rules governing residential lots unless those rules meet a strict legal standard.

“A local government may not impose a regulation that governs residential lots unless such regulation is: a. In furtherance of a compelling governmental interest; and b. The least...” bill text, line 237 →
§ 2 Strict limits on lot size, density, and setbacks majors. 163.3254(4)(b)

AILocal governments are prohibited from enforcing specific minimums for lot size, setbacks, and density, or maximums for height and floor area ratio, on lots connected to public water and sewer.

“Requires a minimum lot size that is greater than 1,200 square feet for existing lots, lots created by a lot split, or lots created by subdivision.” bill text, line 260 →
§ 3 Mandatory approval of lot splits and development applications majors. 163.3254(7)(e)

AILocal governments must approve lot splits and development applications by right within specific deadlines, and applications are automatically approved if the government misses those deadlines.

“If a local government fails to: 1. Issue a written notification of completeness or written specification of areas of deficiency within 10 business days after receiving a developme” bill text, line 367 →
§ 4 Parity for off-site constructed residential dwellings majors. 553.385(2)(a)

AILocal governments must permit off-site constructed residential dwellings as of right in any zoning district where single-family detached dwellings are allowed, and may not treat them more restrictively.

“An off-site constructed residential dwelling must be permitted as of right in any zoning district where single-family detached dwellings are allowed.” bill text, line 494 →
§ 5 Right to sue local governments for regulatory violations majors. 163.3254(8)(b)

AIProperty owners and housing organizations may sue local governments for damages if a regulation violates the act, and the local government bears the burden of proving the regulation is valid.

“An aggrieved or adversely affected party shall prevail in an action filed under this subsection unless the local government demonstrates to the court by clear and convincing evid” bill text, line 404 →
§ 6 Retroactive invalidation of conflicting local regulations majors. 163.3254(11)

AIAny local government regulation that conflicts with the act is void and unenforceable, and the act applies retroactively to existing regulations.

“This section applies retroactively to any local government regulation that is contrary to this section or its intent. This section is remedial and shall be liberally construed to” bill text, line 435 →
TIMELINE
3/13/2026
Died in Judiciary, companion bill(s) passed, see CS/CS/CS/HB 399...
2/4/2026
CS by Community Affairs read 1st time
1/29/2026
Now in Judiciary
1/29/2026
Pending reference review under Rule 4.7(2) - (Committee Substitute)
1/27/2026
CS by Community Affairs; YEAS 7 NAYS 1
1/22/2026
On Committee agenda-- Community Affairs, 01/27/26, 3:30 pm, 37...
1/13/2026
Introduced
1/5/2026
Referred to Community Affairs; Judiciary; Rules
12/17/2025
Filed
3 EARLIER →
STATUTES IT CHANGES
s. 125.022
+44 / −0
s. 166.033
+44 / −0
s. 163.3254
+2762 / −0
s. 163.514
+61 / −0
s. 177.071
+41 / −0
s. 553.382
+17 / −4
STAFF ANALYSES