Agenda 11/10/2025 Item #16A13 (The Staff's updated administrative application process for projects intending to utilize the allowances per Florida Statutes § 125.01055(7)(a), the Live Local Act (2025))11/10/2025
Item # 16.A.13
ID# 2025-4316
Executive Summary
Recommendation to review and approve the Staff's updated administrative application process for projects intending to
utilize the allowances per Florida Statutes § 125.01055(7)(a), the Live Local Act (2025).
OBJECTIVE: To have the Board of County Commissioners (BCC) review Staff’s updated administrative application
process developed to address projects submitted under the Live Local Act (Act) per F.S.125.01055(7)(a); staff is seeking
concurrence from the BCC on the administrative application process established as described below, modifications as
appropriate and direction on eligibility, allowed density, allowed height, and development standards under the Act and
direct staff to post the process to the Collier County website.
CONSIDERATIONS: The application process includes a Zoning Verification Letter (ZVL) request indicating the
intent to utilize the provisions of the Live Local Statutes. Staff reviews the ZVL request in relation to the Statutes listed
below for compliance and provides an analysis. As part of the process, Staff will send the ZVL to the County Attorney’s
office for review and approval prior to releasing the ZVL.
The Live Local Act (LLA) was amended in 2025 with the adoption of Senate Bill (SB) 1730. The modifications to SB
1730 are codified in the Florida Statutes (F.S.). Section 125.01055 (2025).
Eligibility: Florida Statutes Section 125.01055(7)(a), as amended, provides in part:
(7)(a) A county must authorize multifamily and mixed-use residential as allowable uses in any area zoned for
commercial, industrial, or mixed-use, and in portions of any flexibly zoned area such as a planned unit development
permitted for commercial, industrial or mixed use, if at least 40 percent of the residential units in a proposed multifamily
rental development are, for a period of at least 30 years, affordable as defined in F.S. 420.0004.
Staff interpretation prior to the 2025 amendment: “zoned for commercial, industrial, or mixed-use” includes C-1
through C-5, Travel Trailer and Recreational Vehicles (TTRV), Industrial (I), Business Park (BP), and per Board Policy
as expressed at the 4-9-24 BCC Hearing.
SB 1730 — qualifies that a Planned Unit Development Zoning District, which includes commercial use, industrial use,
or mixed use (combination of two or more of residential, commercial, or industrial), is eligible for LLA.
Density: Florida Statutes Section 125.01055(7)(b), as amended, provides in part:
(7)(b) A county may not restrict the density of a proposed development authorized under this subsection below the
highest currently allowed density, or allowed on July 1, 2023, on any unincorporated land in the County where
residential development is allowed under the County’s land development regulations.
Staff interpretation: “highest allowed density… in the county where residential development is allowed.” As expressed
in the Future Land Use Element, a maximum of 25 units per acre is provided for within Mixed Use Activity Centers,
Transit Oriented Development Subdistrict, and the Strategic Opportunity Sites Subdistrict, as expressed at the 4-9-24
BCC Hearing. The density in Planned Unit Developments is excluded. No change per SB-1730
Height: Florida Statutes Section 125.01055(7)(d)1. and 2., as amended, provides in part:
(7)(d) 1. A county may not restrict the height of a proposed development authorized under this subsection below the
highest currently allowed, or as allowed on July 1, 2023, height for a commercial or residential development located in
its jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher...
(7)(d) 1. If the proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential
use which is within a single-family residential development with at least 25 contiguous single-family homes, the County
may restrict the height of the proposed development to 150 percent of the tallest building on any property adjacent to the
proposed development, the highest currently allowed, or allowed on July 1, 2023, height for the property provided in the
County’s land development regulations, or three stories, whichever is higher, not to exceed 10 stories. For the purposes
of this paragraph, the term “adjacent to” means those properties sharing more than one point of a property line, but does
not include properties separated by a public road.
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Item # 16.A.13
ID# 2025-4316
Staff interpretation: Staff measures one mile from the proposed development to identify allowed height in straight
commercial or residential zoning districts, including developments zoned Residential Single Family (RSF 1-6),
ResidentMultifamilymily (RMF 6, 12 & 16), Residential Tourist, Village Residential (VR), Mobil Home (MH),
Commercial (C-1 through C-5), and TTRV, as expressed at the 4-9-24 BCC Hearing. The density in Planned Unit
Developments is excluded.
Approval Process: Florida Statutes Section 125.01055(7)(e), as amended, provides, in part:
(7)(e) A proposed development authorized under this subsection must be administratively approved without further
action by the Board of County Commissioners or any quasi-judicial or administrative board or reviewing body if the
development satisfies the County’s land development regulations for multifamily developments in areas zoned for such
use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable
densities, height, and land use. Such land development regulations include, but are not limited to, regulations relating to
setbacks and parking requirements…
Staff interpretation: The RMF-16 Zoning District in the Land Development Code (LDC) is most similar to the density
associated with a Live Local Act project, and the development standards associated with the RMF-16 must be satisfied,
as well as all other LDC requirements associated with a residential SDP application, as expressed at the 4-9-24 BCC
Hearing. For RMF-16: The front and rear yard setbacks are 50% of the building height, but not less than 30 feet; the
side yard setback is 50% of the building height, but not less than 15 feet. No changes per SB1730
Parking: Florida Statutes Section 125.01055(7)(f), as amended, provides:
(7)(f)1. A county must, upon request of the applicant, reduce parking requirements by 15 percent for a proposed
development authorized under this subsection if the development: a. is located within one-quarter mile of a transit stop,
as defined in the County’s land development code, and the transit stop is accessible from the development; b. Is located
within one-half mile of the major transportation hub, that is accessible from the proposed development …, or c. has
available parking within 600 feet of the proposed development, which may consist of options such as on-street parking,
parking lots, or parking garages available for use by residents of the proposed development…
Staff interpretation: The only form of mass transit available throughout the County is the Collier Area Transit (CAT). If
the location of a Live Local Act project is within ¼ of a mile of a CAT transit stop, or if ½ of a mile from a major
transportation hub, or if the development has available parking within 600 feet of the proposed development which may
consist of options such as on-street parking, parking lots, or parking garages available for use by residents of the
proposed development, then the County must provide a 15% parking reduction.
The Live Local Act authorizes residential density on commercial or industrial properties that have no entitlement
for residential uses or density. With the 2025 change making commercial, industrial, or mixed-use tracts of
planned unit developments eligible for Live Local, please confirm that the density on the Live Local tract does
not reduce or extinguish the approved density on the residential-only tracts of the MPUD.
Staff interpretation: Due to the fact that the density allocated to a project utilizing the Live Local Act is established by
F.S. Section 125.01055 and not through the PUD, Staff would opine that the density of a Live Local Act tract would not
reduce or extinguish the density approved and allocated to the MPUD on the residential tract. Furthermore, the PUD
does not authorize residential density within the commercial or industrial areas of the PUD, which is another factor that
does not support subtracting density from the PUD for a Live Local Act project. Finally, if another individual owned the
commercial component of the PUD rather than the one developing the residential tract, the Live Local Act project could
use all of the approved density, leaving the owner of the residential tract with no units to develop, although the PUD
authorizes residential development.
For these reasons, Staff does not support the interpretation of subtracting the density of a PUD if a Live Local Act
project was developed within the Industrial or Commercial portions of the PUD.
This item maintains Florida Statutory compliances.
FISCAL IMPACT: The fiscal implications regarding the application of the Live Local Act are unknown at this time.
While all applications of the Concurrency Management system are applicable to all Site Development Plans processed
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Item # 16.A.13
ID# 2025-4316
under the Live Local Act, proportionate share payments for required improvements may prove insufficient for the total
cost of an individual project.
GROWTH MANAGEMENT IMPACT: The Live Local Act requires that, with the exception of density, height, and
land use described in the Act, the project must satisfy all requirements of the GMP, and with the exception noted for
density, the utilization of the Live Local Act will not impact the GMP.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
action. (HFAC)
RECOMMENDATION(S): To affirm the Staff’s updated administrative application process of issuing ZVLs to update
eligibility, density, and development standards for projects submitted per F.S.125.01055, the Live Local Act, affirm
staff’s interpretation of the review criteria, and post the update to the County’s website.
PREPARED BY: Mike Bosi, AICP, Zoning Director
ATTACHMENTS:
1. FS-125.01055-live-local
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CHAPTER 2025-172
Committee Substitute for
Committee Substitute for Senate Bill No.1730
An act relating to affordable housing;amending ss.125.01055 and
166.04151,F.S.;authorizing the board of county commissioners and the
governing board of a municipality,respectively,to approve the develop-
ment of housing that is affordable,including mixed-use residential,on any
parcel owned by religious institutions;requiring counties and munici-
palities to authorize multifamily and mixed-use residential as allowable
uses in portions of flexibly zoned areas under certain circumstances;
prohibiting counties and municipalities from imposing certain require-
ments on proposed multifamily developments;prohibiting counties and
municipalities from requiring that more than a specified percentage of a
mixed-use residential project be used for certain purposes;revising the
density,floor area ratio,or height below which counties and municipalities
may not restrict certain developments;defining the term “highest
currently allowed,or allowed on July 1,2023”;revising the definition of
the term “floor area ratio”;authorizing counties and municipalities to
restrict the height of proposed developments on certain parcels with
structures or buildings listed in the National Register of Historic Places;
requiring the administrative approval of certain proposed developments
without further action by a quasi-judicial or administrative board or
reviewing body under certain circumstances;defining the term “allowable
density”;requiring the administrative approval of the demolition of an
existing structure associated with a proposed development in certain
circumstances;providing construction;authorizing counties and munici-
palities to administratively require that certain proposed developments
comply with architectural design regulations under certain circum-
stances;requiring counties and municipalities to reduce parking require-
ments by a specified percentage for certain proposed developments under
certain circumstances;authorizing counties and municipalities to allow
adjacent parcels of land to be included within certain proposed develop-
ments;requiring a court to give priority to and render expeditious
decisions in certain civil actions;requiring a court to award reasonable
attorney fees and costs to a prevailing party in certain civil actions;
providing that such attorney fees or costs may not exceed a specified dollar
amount;prohibiting the prevailing party from recovering certain other
fees or costs;defining terms;revising applicability;prohibiting counties
and municipalities from enforcing certain building moratoriums;provid-
ing an exception,subject to certain requirements;requiring the court to
assess and award reasonable attorney fees and costs to the prevailing
party in certain civil actions;providing that such attorney fees or costs
may not exceed a specified dollar amount;prohibiting the prevailing party
from recovering certain other fees or costs;providing applicability;
providing annual reporting requirements beginning on specified dates;
authorizing applicants for certain proposed developments to notify the
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county or municipality,as applicable,by a specified date of its intent to
proceed under certain provisions;requiring counties and municipalities to
allow certain applicants to submit revised applications,written requests,
and notices of intent to account for changes made by the act;creating s.
420.5098,F.S.;providing legislative findings and intent;defining terms;
providing that it is the policy of the state to support housing for certain
employees and to allow developers in receipt of certain tax credits and
funds to create a specified preference for housing certain employees;
requiring that such preference conform to certain requirements;providing
an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.Subsection (6)and paragraphs (a)through (f),(k),and (l)of
subsection (7)of section 125.01055,Florida Statutes,are amended,new
paragraphs (k)through (n)are added to subsection (7),and subsections (9)
and (10)are added to that section,to read:
125.01055 Affordable housing.—
(6)Notwithstanding any other law or local ordinance or regulation to the
contrary,the board of county commissioners may approve the development
of housing that is affordable,as defined in s.420.0004,including,but not
limited to,a mixed-use residential development,on any parcel zoned for
commercial or industrial use,or on any parcel,including any contiguous
parcel connected thereto,which is owned by a religious institution as defined
in s.170.201(2)which contains a house of public worship,regardless of
underlying zoning,so long as at least 10 percent of the units included in the
project are for housing that is affordable.The provisions of this subsection
are self-executing and do not require the board of county commissioners to
adopt an ordinance or a regulation before using the approval process in this
subsection.
(7)(a)A county must authorize multifamily and mixed-use residential as
allowable uses in any area zoned for commercial,industrial,or mixed use,
and in portions of any flexibly zoned area such as a planned unit
development permitted for commercial,industrial,or mixed use,if at
least 40 percent of the residential units in a proposed multifamily
development are rental units that,for a period of at least 30 years,are
affordable as defined in s.420.0004.Notwithstanding any other law,local
ordinance,or regulation to the contrary,a county may not require a proposed
multifamily development to obtain a zoning or land use change,special
exception,conditional use approval,variance,transfer of density or
development units,amendment to a development of regional impact,or
comprehensive plan amendment for the building height,zoning,and
densities authorized under this subsection.For mixed-use residential
projects,at least 65 percent of the total square footage must be used for
residential purposes.The county may not require that more than 10 percent
of the total square footage of such mixed-use residential projects be used for
nonresidential purposes.
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(b)A county may not restrict the density of a proposed development
authorized under this subsection below the highest currently allowed,or
allowed on July 1,2023,density on any unincorporated land in the county
where residential development is allowed under the county’s land develop-
ment regulations.For purposes of this paragraph,the term “highest
currently allowed density”does not include the density of any building
that met the requirements of this subsection or the density of any building
that has received any bonus,variance,or other special exception for density
provided in the county’s land development regulations as an incentive for
development.For purposes of this paragraph,“highest currently allowed,or
allowed on July 1,2023,”means whichever is least restrictive at the time of
development.
(c)A county may not restrict the floor area ratio of a proposed
development authorized under this subsection below 150 percent of the
highest currently allowed,or allowed on July 1,2023,floor area ratio on any
unincorporated land in the county where development is allowed under the
county’s land development regulations.For purposes of this paragraph,the
term “highest currently allowed floor area ratio”does not include the floor
area ratio of any building that met the requirements of this subsection or the
floor area ratio of any building that has received any bonus,variance,or
other special exception for floor area ratio provided in the county’s land
development regulations as an incentive for development.For purposes of
this subsection,the term “floor area ratio”includes floor lot ratio and lot
coverage.
(d)1.A county may not restrict the height of a proposed development
authorized under this subsection below the highest currently allowed,or
allowed on July 1,2023,height for a commercial or residential building
located in its jurisdiction within 1 mile of the proposed development or 3
stories,whichever is higher.For purposes of this paragraph,the term
“highest currently allowed height”does not include the height of any
building that met the requirements of this subsection or the height of any
building that has received any bonus,variance,or other special exception for
height provided in the county’s land development regulations as an incentive
for development.
2.If the proposed development is adjacent to,on two or more sides,a
parcel zoned for single-family residential use which is within a single-family
residential development with at least 25 contiguous single-family homes,the
county may restrict the height of the proposed development to 150 percent of
the tallest building on any property adjacent to the proposed development,
the highest currently allowed,or allowed on July 1,2023,height for the
property provided in the county’s land development regulations,or 3 stories,
whichever is higher,not to exceed 10 stories.For the purposes of this
paragraph,the term “adjacent to”means those properties sharing more than
one point of a property line,but does not include properties separated by a
public road.
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3.If the proposed development is on a parcel with a contributing
structure or building within a historic district which was listed in the
National Register of Historic Places before January 1,2000,or is on a parcel
with a structure or building individually listed in the National Register of
Historic Places,the county may restrict the height of the proposed
development to the highest currently allowed,or allowed on July 1,2023,
height for a commercial or residential building located in its jurisdiction
within three-fourths of a mile of the proposed development or 3 stories,
whichever is higher.The term “highest currently allowed”in this paragraph
includes the maximum height allowed for any building in a zoning district
irrespective of any conditions.
(e)1.A proposed development authorized under this subsection must be
administratively approved without and no further action by the board of
county commissioners or any quasi-judicial or administrative board or
reviewing body is required if the development satisfies the county’s land
development regulations for multifamily developments in areas zoned for
such use and is otherwise consistent with the comprehensive plan,with the
exception of provisions establishing allowable densities,floor area ratios,
height,and land use.Such land development regulations include,but are not
limited to,regulations relating to setbacks and parking requirements.A
proposed development located within one-quarter mile of a military
installation identified in s.163.3175(2)may not be administratively
approved.Each county shall maintain on its website a policy containing
procedures and expectations for administrative approval pursuant to this
subsection.For purposes of this subparagraph,the term “allowable density”
means the density prescribed for the property in accordance with this
subsection without additional requirements to procure and transfer density
units or development units from other properties.
2.The county must administratively approve the demolition of an
existing structure associated with a proposed development under this
subsection,without further action by the board of county commissioners
or any quasi-judicial or administrative board or reviewing body,if the
proposed demolition otherwise complies with all state and local regulations.
3.If the proposed development is on a parcel with a contributing
structure or building within a historic district which was listed in the
National Register of Historic Places before January 1,2000,or is on a parcel
with a structure or building individually listed in the National Register of
Historic Places,the county may administratively require the proposed
development to comply with local regulations relating to architectural
design,such as facade replication,provided it does not affect height,floor
area ratio,of density of the proposed development.
(f)1.A county must,upon request of an applicant,reduce consider
reducing parking requirements by 15 percent for a proposed development
authorized under this subsection if the development:
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a.Is located within one-quarter mile of a transit stop,as defined in the
county’s land development code,and the transit stop is accessible from the
development;.
2.A county must reduce parking requirements by at least 20 percent for
a proposed development authorized under this subsection if the develop-
ment:
b.a.Is located within one-half mile of a major transportation hub that is
accessible from the proposed development by safe,pedestrian-friendly
means,such as sidewalks,crosswalks,elevated pedestrian or bike paths,
or other multimodal design features;or and
c.b.Has available parking within 600 feet of the proposed development
which may consist of options such as on-street parking,parking lots,or
parking garages available for use by residents of the proposed development.
However,a county may not require that the available parking compensate
for the reduction in parking requirements.
2.3.A county must eliminate parking requirements for a proposed
mixed-use residential development authorized under this subsection within
an area recognized by the county as a transit-oriented development or area,
as provided in paragraph (h).
3.4.For purposes of this paragraph,the term “major transportation hub”
means any transit station,whether bus,train,or light rail,which is served
by public transit with a mix of other transportation options.
(k)Notwithstanding any other law or local ordinance or regulation to the
contrary,a county may allow an adjacent parcel of land to be included within
a proposed multifamily development authorized under this subsection.
(l)The court shall give any civil action filed against a county for a
violation of this subsection priority over other pending cases and render a
preliminary or final decision as expeditiously as possible.
(m)If a civil action is filed against a county for a violation of this
subsection,the court must assess and award reasonable attorney fees and
costs to the prevailing party.An award of reasonable attorney fees or costs
pursuant to this subsection may not exceed $250,000.In addition,a
prevailing party may not recover any attorney fees or costs directly incurred
by or associated with litigation to determine an award of reasonable attorney
fees or costs.
(n)As used in this subsection,the term:
1.“Commercial use”means activities associated with the sale,rental,or
distribution of products or the performance of services related thereto.The
term includes,but is not limited to,such uses or activities as retail sales;
wholesale sales;rentals of equipment,goods,or products;offices;restau-
rants;public lodging establishments as described in s.509.242(1)(a);food
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service vendors;sports arenas;theaters;tourist attractions;and other for-
profit business activities.A parcel zoned to permit such uses by right
without the requirement to obtain a variance or waiver is considered
commercial use for the purposes of this section,irrespective of the local land
development regulation’s listed category or title.The term does not include
home-based businesses or cottage food operations undertaken on residential
property,public lodging establishments as described in s.509.242(1)(c),or
uses that are accessory,ancillary,incidental to the allowable uses,or
allowed only on a temporary basis.Recreational uses,such as golf courses,
tennis courts,swimming pools,and clubhouses,within an area designated
for residential use are not commercial use,irrespective of how they are
operated.
2.“Industrial use”means activities associated with the manufacture,
assembly,processing,or storage of products or the performance of services
related thereto.The term includes,but is not limited to,such uses or
activities as automobile manufacturing or repair,boat manufacturing or
repair,junk yards,meat packing facilities,citrus processing and packing
facilities,produce processing and packing facilities,electrical generating
plants,water treatment plants,sewage treatment plants,and solid waste
disposal sites.A parcel zoned to permit such uses by right without the
requirement to obtain a variance or waiver is considered industrial use for
the purposes of this section,irrespective of the local land development
regulation’s listed category or title.The term does not include uses that are
accessory,ancillary,incidental to the allowable uses,or allowed only on a
temporary basis.Recreational uses,such as golf courses,tennis courts,
swimming pools,and clubhouses,within an area designated for residential
use are not industrial use,irrespective of how they are operated.
3.“Mixed use”means any use that combines multiple types of approved
land uses from at least two of the residential use,commercial use,and
industrial use categories.The term does not include uses that are accessory,
ancillary,incidental to the allowable uses,or allowed only on a temporary
basis.Recreational uses,such as golf courses,tennis courts,swimming pools,
and clubhouses,within an area designated for residential use are not mixed
use,irrespective of how they are operated.
4.“Planned unit development”has the same meaning as provided in s.
163.3202(5)(b).
(o)(k)This subsection does not apply to:
1.Airport-impacted areas as provided in s.333.03.
2.Property defined as recreational and commercial working waterfront
in s.342.201(2)(b)in any area zoned as industrial.
3.The Wekiva Study Area,as described in s.369.316.
4.The Everglades Protection Area,as defined in s.373.4592(2).
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(p)(l)This subsection expires October 1,2033.
(9)(a)Except as provided in paragraphs (b)and (d),a county may not
enforce a building moratorium that has the effect of delaying the permitting
or construction of a multifamily residential or mixed-use residential
development authorized under subsection (7).
(b)A county may,by ordinance,impose or enforce such a building
moratorium for no more than 90 days in any 3-year period.Before adoption
of such a building moratorium,the county shall prepare or cause to be
prepared an assessment of the county’s need for affordable housing at the
extremely-low-income,very-low-income,low-income,or moderate-income
limits specified in s.420.0004,including projections of such need for the next
5 years.This assessment must be posted on the county’s website by the date
the notice of proposed enactment is published,and presented at the same
public meeting at which the proposed ordinance imposing the building
moratorium is adopted by the board of county commissioners.This
assessment must be included in the business impact estimate for the
ordinance imposing such a moratorium required by s.125.66(3).
(c)If a civil action is filed against a county for a violation of this
subsection,the court must assess and award reasonable attorney fees and
costs to the prevailing party.An award of reasonable attorney fees or costs
pursuant to this subsection may not exceed $250,000.In addition,a
prevailing party may not recover any attorney fees or costs directly incurred
by or associated with litigation to determine an award of reasonable attorney
fees or costs.
(d)This subsection does not apply to moratoria imposed or enforced to
address stormwater or flood water management,to address the supply of
potable water,or due to the necessary repair of sanitary sewer systems,if
such moratoria apply equally to all types of multifamily or mixed-use
residential development.
(10)(a)Beginning November 1,2026,each county must provide an
annual report to the state land planning agency which includes:
1.A summary of litigation relating to subsection (7)that was initiated,
remains pending,or was resolved during the previous fiscal year.
2.A list of all projects proposed or approved under subsection (7)during
the previous fiscal year.For each project,the report must include,at a
minimum,the project’s size,density,and intensity and the total number of
units proposed,including the number of affordable units and associated
targeted household incomes.
(b)The state land planning agency shall compile the information
received under this subsection and submit the information to the Governor,
the President of the Senate,and the Speaker of the House of Representatives
annually by February 1.
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Section 2.Subsection (6)and paragraphs (a)through (f),(k),and (l)of
subsection (7)of section 166.04151,Florida Statutes,are amended,new
paragraphs (k)through (n)are added to subsection (7),and subsections (9)
and (10)are added to that section,to read:
166.04151 Affordable housing.—
(6)Notwithstanding any other law or local ordinance or regulation to the
contrary,the governing body of a municipality may approve the development
of housing that is affordable,as defined in s.420.0004,including,but not
limited to,a mixed-use residential development,on any parcel zoned for
commercial or industrial use,or on any parcel,including any contiguous
parcel connected thereto,which is owned by a religious institution as defined
in s.170.201(2)which contains a house of public worship,regardless of
underlying zoning,so long as at least 10 percent of the units included in the
project are for housing that is affordable.The provisions of this subsection
are self-executing and do not require the governing body to adopt an
ordinance or a regulation before using the approval process in this
subsection.
(7)(a)A municipality must authorize multifamily and mixed-use resi-
dential as allowable uses in any area zoned for commercial,industrial,or
mixed use,and in portions of any flexibly zoned area such as a planned unit
development permitted for commercial,industrial,or mixed use,if at least
40 percent of the residential units in a proposed multifamily development
are rental units that,for a period of at least 30 years,are affordable as
defined in s.420.0004.Notwithstanding any other law,local ordinance,or
regulation to the contrary,a municipality may not require a proposed
multifamily development to obtain a zoning or land use change,special
exception,conditional use approval,variance,transfer of density or
development units,amendment to a development of regional impact,
amendment to a municipal charter,or comprehensive plan amendment
for the building height,zoning,and densities authorized under this
subsection.For mixed-use residential projects,at least 65 percent of the
total square footage must be used for residential purposes.The municipality
may not require that more than 10 percent of the total square footage of such
mixed-use residential projects be used for nonresidential purposes.
(b)A municipality may not restrict the density of a proposed develop-
ment authorized under this subsection below the highest currently allowed,
or allowed on July 1,2023,density on any land in the municipality where
residential development is allowed under the municipality’s land develop-
ment regulations.For purposes of this paragraph,the term “highest
currently allowed density”does not include the density of any building
that met the requirements of this subsection or the density of any building
that has received any bonus,variance,or other special exception for density
provided in the municipality’s land development regulations as an incentive
for development.For purposes of this paragraph,“highest currently allowed,
or allowed on July 1,2023,”means whichever is least restrictive at the time
of development.
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(c)A municipality may not restrict the floor area ratio of a proposed
development authorized under this subsection below 150 percent of the
highest currently allowed,or allowed on July 1,2023,floor area ratio on any
land in the municipality where development is allowed under the munici-
pality’s land development regulations.For purposes of this paragraph,the
term “highest currently allowed floor area ratio”does not include the floor
area ratio of any building that met the requirements of this subsection or the
floor area ratio of any building that has received any bonus,variance,or
other special exception for floor area ratio provided in the municipality’s
land development regulations as an incentive for development.For purposes
of this subsection,the term “floor area ratio”includes floor lot ratio and lot
coverage.
(d)1.A municipality may not restrict the height of a proposed develop-
ment authorized under this subsection below the highest currently allowed,
or allowed on July 1,2023,height for a commercial or residential building
located in its jurisdiction within 1 mile of the proposed development or 3
stories,whichever is higher.For purposes of this paragraph,the term
“highest currently allowed height”does not include the height of any
building that met the requirements of this subsection or the height of any
building that has received any bonus,variance,or other special exception for
height provided in the municipality’s land development regulations as an
incentive for development.
2.If the proposed development is adjacent to,on two or more sides,a
parcel zoned for single-family residential use that is within a single-family
residential development with at least 25 contiguous single-family homes,the
municipality may restrict the height of the proposed development to 150
percent of the tallest building on any property adjacent to the proposed
development,the highest currently allowed,or allowed on July 1,2023,
height for the property provided in the municipality’s land development
regulations,or 3 stories,whichever is higher,not to exceed 10 stories.For
the purposes of this paragraph,the term “adjacent to”means those
properties sharing more than one point of a property line,but does not
include properties separated by a public road or body of water,including
manmade lakes or ponds.For a proposed development located within a
municipality within an area of critical state concern as designated by s.
380.0552 or chapter 28-36,Florida Administrative Code,the term “story”
includes only the habitable space above the base flood elevation as
designated by the Federal Emergency Management Agency in the most
current Flood Insurance Rate Map.A story may not exceed 10 feet in height
measured from finished floor to finished floor,including space for mechan-
ical equipment.The highest story may not exceed 10 feet from finished floor
to the top plate.
3.If the proposed development is on a parcel with a contributing
structure or building within a historic district which was listed in the
National Register of Historic Places before January 1,2000,or is on a parcel
with a structure or building individually listed in the National Register of
Historic Places,the municipality may restrict the height of the proposed
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development to the highest currently allowed,or allowed on July 1,2023,
height for a commercial or residential building located in its jurisdiction
within three-fourths of a mile of the proposed development or 3 stories,
whichever is higher.The term “highest currently allowed”in this paragraph
includes the maximum height allowed for any building in a zoning district
irrespective of any conditions.
(e)1.A proposed development authorized under this subsection must be
administratively approved without and no further action by the governing
body of the municipality or any quasi-judicial or administrative board or
reviewing body is required if the development satisfies the municipality’s
land development regulations for multifamily developments in areas zoned
for such use and is otherwise consistent with the comprehensive plan,with
the exception of provisions establishing allowable densities,floor area ratios,
height,and land use.Such land development regulations include,but are not
limited to,regulations relating to setbacks and parking requirements.A
proposed development located within one-quarter mile of a military
installation identified in s.163.3175(2)may not be administratively
approved.Each municipality shall maintain on its website a policy contain-
ing procedures and expectations for administrative approval pursuant to
this subsection.For purposes of this paragraph,the term “allowable density”
means the density prescribed for the property in accordance with this
subsection without additional requirements to procure and transfer density
units or development units from other properties.
2.The municipality must administratively approve the demolition of an
existing structure associated with a proposed development under this
subsection,without further action by the governing body of the municipality
or any quasi-judicial or administrative board or reviewing body,if the
proposed demolition otherwise complies with all state and local regulations.
3.If the proposed development is on a parcel with a contributing
structure or building within a historic district which was listed in the
National Register of Historic Places before January 1,2000,or is on a parcel
with a structure or building individually listed in the National Register of
Historic Places,the municipality may administratively require the proposed
development to comply with local regulations relating to architectural
design,such as facade replication,provided it does not affect height,floor
area ratio,of density of the proposed development.
(f)1.A municipality must,upon request of an applicant,reduce consider
reducing parking requirements for a proposed development authorized
under this subsection by 15 percent if the development:
a.Is located within one-quarter mile of a transit stop,as defined in the
municipality’s land development code,and the transit stop is accessible from
the development;.
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2.A municipality must reduce parking requirements by at least 20
percent for a proposed development authorized under this subsection if the
development:
b.a.Is located within one-half mile of a major transportation hub that is
accessible from the proposed development by safe,pedestrian-friendly
means,such as sidewalks,crosswalks,elevated pedestrian or bike paths,
or other multimodal design features;or.
c.b.Has available parking within 600 feet of the proposed development
which may consist of options such as on-street parking,parking lots,or
parking garages available for use by residents of the proposed development.
However,a municipality may not require that the available parking
compensate for the reduction in parking requirements.
2.3.A municipality must eliminate parking requirements for a proposed
mixed-use residential development authorized under this subsection within
an area recognized by the municipality as a transit-oriented development or
area,as provided in paragraph (h).
3.4.For purposes of this paragraph,the term “major transportation hub”
means any transit station,whether bus,train,or light rail,which is served
by public transit with a mix of other transportation options.
(k)Notwithstanding any other law or local ordinance or regulation to the
contrary,a municipality may allow an adjacent parcel of land to be included
within a proposed multifamily development authorized under this subsec-
tion.
(l)The court shall give any civil action filed against a municipality for a
violation of this subsection priority over other pending cases and render a
preliminary or final decision as expeditiously as possible.
(m)If a civil action is filed against a municipality for a violation of this
subsection,the court must assess and award reasonable attorney fees and
costs to the prevailing party.An award of reasonable attorney fees or costs
pursuant to this subsection may not exceed $250,000.In addition,a
prevailing party may not recover any attorney fees or costs directly incurred
by or associated with litigation to determine an award of reasonable attorney
fees or costs.
(n)As used in this subsection,the term:
1.“Commercial use”means activities associated with the sale,rental,or
distribution of products or the performance of services related thereto.The
term includes,but is not limited to,such uses or activities as retail sales;
wholesale sales;rentals of equipment,goods,or products;offices;restau-
rants;public lodging establishments as described in s.509.242(1)(a);food
service vendors;sports arenas;theaters;tourist attractions;and other for-
profit business activities.A parcel zoned to permit such uses by right
without the requirement to obtain a variance or waiver is considered
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commercial use for the purposes of this section,irrespective of the local land
development regulation’s listed category or title.The term does not include
home-based businesses or cottage food operations undertaken on residential
property,public lodging establishments as described in s.509.242(1)(c),or
uses that are accessory,ancillary,incidental to the allowable uses,or
allowed only on a temporary basis.Recreational uses,such as golf courses,
tennis courts,swimming pools,and clubhouses,within an area designated
for residential use are not commercial use,irrespective of how they are
operated.
2.“Industrial use”means activities associated with the manufacture,
assembly,processing,or storage of products or the performance of services
related thereto.The term includes,but is not limited to,such uses or
activities as automobile manufacturing or repair,boat manufacturing or
repair,junk yards,meat packing facilities,citrus processing and packing
facilities,produce processing and packing facilities,electrical generating
plants,water treatment plants,sewage treatment plants,and solid waste
disposal sites.A parcel zoned to permit such uses by right without the
requirement to obtain a variance or waiver is considered industrial use for
the purposes of this section,irrespective of the local land development
regulation’s listed category or title.The term does not include uses that are
accessory,ancillary,incidental to the allowable uses,or allowed only on a
temporary basis.Recreational uses,such as golf courses,tennis courts,
swimming pools,and clubhouses,within an area designated for residential
use are not industrial use,irrespective of how they are operated.
3.“Mixed use”means any use that combines multiple types of approved
land uses from at least two of the residential use,commercial use,and
industrial use categories.The term does not include uses that are accessory,
ancillary,incidental to the allowable uses,or allowed only on a temporary
basis.Recreational uses,such as golf courses,tennis courts,swimming pools,
and clubhouses,within an area designated for residential use are not mixed
use,irrespective of how they are operated.
4.“Planned unit development”has the same meaning as provided in s.
163.3202(5)(b).
(o)(k)This subsection does not apply to:
1.Airport-impacted areas as provided in s.333.03.
2.Property defined as recreational and commercial working waterfront
in s.342.201(2)(b)in any area zoned as industrial.
3.The Wekiva Study Area,as described in s.369.316.
4.The Everglades Protection Area,as defined in s.373.4592(2).
(p)(l)This subsection expires October 1,2033.
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(9)(a)Except as provided in paragraphs (b)and (d),a municipality may
not enforce a building moratorium that has the effect of delaying the
permitting or construction of a multifamily residential or mixed-use
residential development authorized under subsection (7).
(b)A municipality may,by ordinance,impose or enforce such a building
moratorium for no more than 90 days in any 3-year period.Before adoption
of such a building moratorium,the municipality shall prepare or cause to be
prepared an assessment of the municipality’s need for affordable housing at
the extremely-low-income,very-low-income,low-income,or moderate-in-
come limits specified in s.420.0004,including projections of such need for
the next 5 years.This assessment must be posted on the municipality’s
website by the date the notice of proposed enactment is published and must
be presented at the same public meeting at which the proposed ordinance
imposing the building moratorium is adopted by the governing body of the
municipality.This assessment must be included in the business impact
estimate for the ordinance imposing such a moratorium required by s.
166.041(4).
(c)If a civil action is filed against a municipality for a violation of this
subsection,the court must assess and award reasonable attorney fees and
costs to the prevailing party.An award of reasonable attorney fees or costs
pursuant to this subsection may not exceed $250,000.In addition,a
prevailing party may not recover any attorney fees or costs directly incurred
by or associated with litigation to determine an award of reasonable attorney
fees or costs.
(d)This subsection does not apply to moratoria imposed or enforced to
address stormwater or flood water management,to address the supply of
potable water,or due to the necessary repair of sanitary sewer systems,if
such moratoria apply equally to all types of multifamily or mixed-use
residential development.
(10)(a)Beginning November 1,2026,each municipality must provide an
annual report to the state land planning agency which includes:
1.A summary of litigation relating to subsection (7)that was initiated,
remains pending,or was resolved during the previous fiscal year.
2.A list of all projects proposed or approved under subsection (7)during
the previous fiscal year.For each project,the report must include,at a
minimum,the project’s size,density,and intensity and the total number of
units proposed,including the number of affordable units and associated
targeted household incomes.
(b)The state land planning agency shall compile the information
received under this subsection and submit the information to the Governor,
the President of the Senate,and the Speaker of the House of Representatives
annually by February 1.
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Section 3.An applicant for a proposed development authorized under s.
125.01055(7),Florida Statutes,or s.166.04151(7),Florida Statutes,who
submitted an application,a written request,or a notice of intent to use such
provisions to the county or municipality and which application,written
request,or notice of intent has been received by the county or municipality,
as applicable,before July 1,2025,may notify the county or municipality by
July 1,2025,of its intent to proceed under the provisions of s.125.01055(7),
Florida Statutes,or s.166.04151(7),Florida Statutes,as they existed at the
time of submittal.A county or municipality,as applicable,shall allow an
applicant who submitted such application,written request,or notice of
intent before July 1,2025,the opportunity to submit a revised application,
written request,or notice of intent to account for the changes made by this
act.
Section 4.Section 420.5098,Florida Statutes,is created to read:
420.5098 Public sector and hospital employer-sponsored housing policy.
(1)The Legislature finds that it is in the best interests of the state and
the state’s economy to provide affordable housing to state residents
employed by hospitals,health care facilities,and governmental entities in
order to attract and maintain the highest quality labor by incentivizing such
employers to sponsor affordable housing opportunities.Section 42(g)(9)(B)of
the Internal Revenue Code provides that a qualified low-income housing
project does not fail to meet the general public use requirement solely
because of occupancy restrictions or preferences that favor tenants who are
members of a specified group under a state program or policy that supports
housing for such specified group.Therefore,it is the intent of the Legislature
to establish a policy that supports the development of affordable workforce
housing for employees of hospitals,health care facilities,and governmental
entities.
(2)For purposes of this section,the term:
(a)“Governmental entity”means any state,regional,county,local,or
municipal governmental entity of this state,whether executive,judicial,or
legislative;any department,division,bureau,commission,authority,or
political subdivision of the state;any public school,state university,or
Florida College System institution;or any special district as defined in s.
189.012.
(b)“Health care facility”has the same meaning as provided in s.
159.27(16).
(c)“Hospital”means a hospital under chapter 155,a hospital district
created pursuant to chapter 189,or a hospital licensed pursuant to chapter
395,including corporations not for profit that are qualified as charitable
under s.501(c)(3)of the Internal Revenue Code and for-profit entities.
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(3)It is the policy of the state to support housing for employees of
hospitals,health care facilities,and governmental entities and to allow
developers in receipt of federal low-income housing tax credits allocated
pursuant to s.420.5099,local or state funds,or other sources of funding
available to finance the development of affordable housing to create a
preference for housing for such employees.Such preference must conform to
the requirements of s.42(g)(9)of the Internal Revenue Code.
Section 5.This act shall take effect July 1,2025.
Approved by the Governor June 23,2025.
Filed in Office Secretary of State June 23,2025.
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