Amendment
Introduced on 10/16/25
This bill aims to significantly reform land use and development regulations in Florida, with a focus on streamlining residential development approvals and limiting local government authority to regulate certain aspects of development. The legislation seeks to promote infill development, affordable housing, and economic development while restricting fees and regulations that could impede residential construction. Key objectives include redefining land use compatibility, limiting design regulations on single-family and two-family dwellings, prohibiting denial of residential development based on school capacity, and allowing infrastructure surtax proceeds to be used for economic development projects.
The bill makes several major amendments to Florida statutes governing land use and development. It redefines 'compatibility' in land use regulations to focus on adverse impacts rather than uniformity. The legislation prohibits local governments from denying, conditioning, or delaying residential development approvals based on lack of school capacity. It also restricts the application of building design element regulations to single-family and two-family dwellings, with exceptions for historic properties and certain pre-existing planned developments. The bill allows counties to allocate up to 15% of infrastructure surtax proceeds for economic development projects. It mandates that infill residential developments consistent with current standards be treated as conforming uses. The legislation also requires private facilities receiving public improvement funding to serve as emergency shelters for at least 10 years.
The bill does not specify comprehensive implementation details, but it does outline some key mechanisms. Local governments are responsible for revising their land development regulations to comply with the new provisions. The legislation requires local governments to clearly itemize and publish fee schedules for development-related services. Charter schools will receive a share of infrastructure surtax revenues based on their proportionate enrollment, as determined by the education estimating conference. The bill does not explicitly define enforcement provisions or compliance measures, leaving much of the implementation to be determined by local authorities and existing regulatory frameworks.
The primary beneficiaries of this legislation are residential developers and property owners, who will face fewer regulatory hurdles and potentially lower fees for development approvals. Charter schools also stand to benefit from a share of infrastructure surtax revenues. Local governments will likely experience a reduction in their regulatory authority and potential revenue from development-related fees. The bill is expected to streamline the approval process for infill and affordable housing developments, potentially leading to increased housing supply and economic development activities. However, the legislation may also result in reduced local control over community planning and design, which could impact neighborhood character and local government's ability to manage growth. The full cost implications and administrative burden of implementing these changes are not specified in the bill.
This bill amends several sections of Florida Statutes, primarily within Chapters 163 (Intergovernmental Programs) and 212 (Tax on Sales, Use, and Other Transactions). It operates within the state's authority to regulate land use and development, but may face challenges regarding preemption of local government home rule powers. The legislation does not explicitly address its relationship to federal regulations such as the National Flood Insurance Program, though it allows local regulations implementing this program to remain in effect. The bill does not specify provisions for judicial review, suggesting that existing legal frameworks for challenging land use decisions would apply. The legislation may interact with state constitutional provisions related to home rule and property rights, potentially setting up future legal challenges.
Several critical issues arise from this legislation. There are potential constitutional concerns regarding the extent to which the state can limit local government authority over land use and development regulations, particularly in light of Florida's home rule provisions. Implementation challenges may arise as local governments attempt to revise their comprehensive plans and land development regulations to comply with the new state mandates. The bill's restrictions on denying development based on school capacity could lead to unintended consequences such as overcrowded schools or increased infrastructure costs. Opposition arguments may focus on the potential for uncontrolled growth, loss of community character, and reduced ability for local governments to manage development impacts. Additionally, the requirement for private facilities receiving public funding to serve as emergency shelters may face practical and legal challenges in implementation.
10 Yea
RRRRRRDRDD0 Nay
1 Absent
R| Nov 18, 2025 at 3:30 PM | 37 Senate Building | Senate Community Affairs Hearing |
| Jan 12 at 4:00 PM | 110 Senate Building | Senate Judiciary Hearing |