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HB 217 2026
CODING: Words stricken are deletions; words underlined are additions.
hb217-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to land use regulations; amending 2
chapter 2025-190, Laws of Florida; defining the term 3
"impacted local government"; making conforming 4
changes; providing for retroactive application; 5
providing an effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
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Section 1. Section 28 of chapter 2025-190, Laws of 10
Florida, is amended to read: 11
Section 28. (1) As used in this section, the term 12
"impacted local government" means a county listed in the Federal 13
Disaster Declaration for Hurricane Debby (DR-4806), Hurricane 14
Helene (DR-4828), or Hurricane Milton (DR-4834) which was 15
designated or within which a tribal area was designated as 16
eligible for both individual assistance and public assistance 17
under the Robert T. Stafford Disaster Relief and Emergency 18
Assistance Act, 42 U.S.C. 5121 et seq., and each municipality 19
within one of those counties. 20
(2) An impacted local government Each county listed in the 21
Federal Disaster Declaration for Hurricane Debby (DR-4806), 22
Hurricane Helene (DR-4828), or Hurricane Milton (DR-4834), and 23
each municipality within one of those counties, may not propose 24
or adopt any moratorium on construction, reconstruction, or 25
HB 217 2026
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hb217-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
redevelopment of any property damaged by Hurricane Debby, 26
Hurricane Helene, or Hurricane Milton such hurricanes; propose 27
or adopt more restrictive or burdensome amendments to its 28
comprehensive plan or land development regulations; or propose 29
or adopt more restrictive or burdensome procedures concerning 30
review, approval, or issuance of a site plan, development 31
permit, or development order, to the extent that those terms are 32
defined by s. 163.3164, Florida Statutes, before October 1, 33
2027, and any such moratorium or restrictive or burdensome 34
comprehensive plan amendment, land development regulation, or 35
procedure shall be null and void ab initio. This subsection 36
applies retroactively to August 1, 2024. 37
(3)(2) Notwithstanding subsection (2) (1), any 38
comprehensive plan amendment, land development regulation 39
amendment, site plan, development permit, or development order 40
approved or adopted by an impacted local government a county or 41
municipality before or after the effective date of this act may 42
be enforced if: 43
(a) The associated application is initiated by a private 44
party other than the impacted local government county or 45
municipality. 46
(b) The property that is the subject of the application is 47
owned by the initiating private party. 48
(4)(a)(3)(a) A resident of or the owner of a business in 49
an impacted local government a county or municipality may bring 50
HB 217 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a civil action for declaratory and injunctive relief against the 51
impacted local government county or municipality for a violation 52
of this section. Pending adjudication of the action and upon 53
filing of a complaint showing a violation of this section, the 54
resident or business owner is entitled to a preliminary 55
injunction against the impacted local government county or 56
municipality preventing implementation of the moratorium or the 57
comprehensive plan amendment, land development regulation, or 58
procedure. If such civil action is successful, the resident or 59
business owner is entitled to reasonable attorney fees and 60
costs. 61
(b) Attorney fees and costs and damages may not be awarded 62
pursuant to this subsection if: 63
1. The resident or business owner provides the governing 64
body of the impacted local government county or municipality 65
written notice that a proposed or enacted moratorium, 66
comprehensive plan amendment, land development regulation, or 67
procedure is in violation of this section; and 68
2. The governing body of the impacted local government 69
county or municipality withdraws the proposed moratorium, 70
comprehensive plan amendment, land development regulation, or 71
procedure within 14 days; or, in the case of an adopted 72
moratorium, comprehensive plan amendment, land development 73
regulation, or procedure, the governing body of an impacted 74
local government a county or municipality notices an intent to 75
HB 217 2026
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hb217-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
repeal within 14 days after receipt of the notice and repeals 76
the moratorium, comprehensive plan amendment, land development 77
regulation, or procedure within 14 days thereafter. 78
(5)(4) This section expires June 30, 2028. 79
Section 2. The amendments made by this act to s. 28 of 80
chapter 2025-190, Laws of Florida, apply retroactively to August 81
1, 2024. 82
Section 3. This act shall take effect July 1, 2026. 83