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CS/CS/HB 837 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 bill to be entitled 1
An act relating to affordable housing; amending ss. 2
125.01055 and 166.04151, F.S.; revising the 3
definitions of certain land use categories for which 4
certain residential development may be authorized to 5
exclude farms and farm operations and uses associated 6
therewith; revising the definition of the term 7
"industrial use" to exclude certain facilities; 8
providing exceptions; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Paragraphs (n) and (o) of subsection (7) of 13
section 125.01055, Florida Statutes, are amended to read: 14
125.01055 Affordable housing.— 15
(7) 16
(n) As used in this subsection, the term: 17
1. "Commercial use" means activities associated with the 18
sale, rental, or distribution of products or the performance of 19
services related thereto. The term includes, but is not limited 20
to, such uses or activities as retail sales; wholesale sales; 21
rentals of equipment, goods, or products; offices; restaurants; 22
public lodging establishments as described in s. 509.242(1)(a); 23
food service vendors; sports arenas; theaters; tourist 24
attractions; and other for-profit business activities. A parcel 25
CS/CS/HB 837 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
zoned to permit such uses by right without the requirement to 26
obtain a variance or waiver is considered commercial use for the 27
purposes of this section, irrespective of the local land 28
development regulation's listed category or title. The term does 29
not include home-based businesses or cottage food operations 30
undertaken on residential property;, public lodging 31
establishments as described in s. 509.242(1)(c); farms or farm 32
operations as defined in s. 823.14(3) or uses associated 33
therewith, including the packaging and sale of products raised 34
on the premises;, or uses that are accessory, ancillary, 35
incidental to the allowable uses, or allowed only on a temporary 36
basis. Recreational uses, such as golf courses, tennis courts, 37
swimming pools, and clubhouses, within an area designated for 38
residential use are not commercial use, irrespective of how they 39
are operated. 40
2. "Industrial use" means activities associated with the 41
manufacture, assembly, processing, or storage of products or the 42
performance of services related thereto. The term includes, but 43
is not limited to, such uses or activities as automobile 44
manufacturing or repair, boat manufacturing or repair, junk 45
yards, meat packing facilities, citrus processing and packing 46
facilities, produce processing and packing facilities, 47
electrical generating plants, water treatment plants, sewage 48
treatment plants, and solid waste disposal sites. A parcel zoned 49
to permit such uses by right without the requirement to obtain a 50
CS/CS/HB 837 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
variance or waiver is considered industrial use for the purposes 51
of this section, irrespective of the local land development 52
regulation's listed category or title. The term does not include 53
farms or farm operations as defined in s. 823.14(3) or uses 54
associated therewith, including the packaging and sale of 55
products raised on the premises, or uses that are accessory, 56
ancillary, incidental to the allowable uses, or allowed only on 57
a temporary basis. Recreational uses, such as golf courses, 58
tennis courts, swimming pools, and clubhouses, within an area 59
designated for residential use are not industrial use, 60
irrespective of how they are operated. 61
3. "Mixed use" means any use that combines multiple types 62
of approved land uses from at least two of the residential use, 63
commercial use, and industrial use categories. The term does not 64
include farms or farm operations as defined in s. 823.14(3) or 65
uses associated therewith, including the packaging and sale of 66
products raised on the premises, or uses that are accessory, 67
ancillary, incidental to the allowable uses, or allowed only on 68
a temporary basis. Recreational uses, such as golf courses, 69
tennis courts, swimming pools, and clubhouses, within an area 70
designated for residential use are not mixed use, irrespective 71
of how they are operated. 72
4. "Planned unit development" has the same meaning as 73
provided in s. 163.3202(5)(b). 74
(o) This subsection does not apply to: 75
CS/CS/HB 837 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
1. Airport-impacted areas as provided in s. 333.03. 76
2. Property defined as recreational and commercial working 77
waterfront in s. 342.201(2)(b) in any area zoned as industrial. 78
3. The Wekiva Study Area, as described in s. 369.316. 79
4. The Everglades Protection Area, as defined in s. 80
373.4592(2). 81
5. Areas subject to land development regulations as 82
defined in s. 163.3164 that are in existence before July 1, 83
2026, which are intended to retain the open character of land, 84
including, but not limited to, open space districts, open space 85
recreation districts, open use estate districts, open use rural 86
districts, and park and open space districts. 87
6. Any area of critical state concern, as designated in 88
ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555. 89
7. The Florida wildlife corridor, as defined in s. 90
259.1055(4). 91
Section 2. Paragraphs (n) and (o) of subsection (7) of 92
section 166.04151, Florida Statutes, are amended to read: 93
166.04151 Affordable housing.— 94
(7) 95
(n) As used in this subsection, the term: 96
1. "Commercial use" means activities associated with the 97
sale, rental, or distribution of products or the performance of 98
services related thereto. The term includes, but is not limited 99
to, such uses or activities as retail sales; wholesale sales; 100
CS/CS/HB 837 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
rentals of equipment, goods, or products; offices; restaurants; 101
public lodging establishments as described in s. 509.242(1)(a); 102
food service vendors; sports arenas; theaters; tourist 103
attractions; and other for-profit business activities. A parcel 104
zoned to permit such uses by right without the requirement to 105
obtain a variance or waiver is considered commercial use for the 106
purposes of this section, irrespective of the local land 107
development regulation's listed category or title. The term does 108
not include home-based businesses or cottage food operations 109
undertaken on residential property;, public lodging 110
establishments as described in s. 509.242(1)(c); farms or farm 111
operations as defined in s. 823.14(3) or uses associated 112
therewith, including the packaging and sale of products raised 113
on the premises;, or uses that are accessory, ancillary, 114
incidental to the allowable uses, or allowed only on a temporary 115
basis. Recreational uses, such as golf courses, tennis courts, 116
swimming pools, and clubhouses, within an area designated for 117
residential use are not commercial use, irrespective of how they 118
are operated. 119
2. "Industrial use" means activities associated with the 120
manufacture, assembly, processing, or storage of products or the 121
performance of services related thereto. The term includes, but 122
is not limited to, such uses or activities as automobile 123
manufacturing or repair, boat manufacturing or repair, junk 124
yards, meat packing facilities, citrus processing and packing 125
CS/CS/HB 837 2026
CODING: Words stricken are deletions; words underlined are additions.
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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
facilities, produce processing and packing facilities, 126
electrical generating plants, water treatment plants, sewage 127
treatment plants, and solid waste disposal sites. A parcel zoned 128
to permit such uses by right without the requirement to obtain a 129
variance or waiver is considered industrial use for the purposes 130
of this section, irrespective of the local land development 131
regulation's listed category or title. The term does not include 132
farms or farm operations as defined in s. 823.14(3) or uses 133
associated therewith, including the packaging and sale of 134
products raised on the premises, or uses that are accessory, 135
ancillary, incidental to the allowable uses, or allowed only on 136
a temporary basis. Recreational uses, such as golf courses, 137
tennis courts, swimming pools, and clubhouses, within an area 138
designated for residential use are not industrial use, 139
irrespective of how they are operated. 140
3. "Mixed use" means any use that combines multiple types 141
of approved land uses from at least two of the residential use, 142
commercial use, and industrial use categories. The term does not 143
include farms or farm operations as defined in s. 823.14(3) or 144
uses associated therewith, including the packaging and sale of 145
products raised on the premises, or uses that are accessory, 146
ancillary, incidental to the allowable uses, or allowed only on 147
a temporary basis. Recreational uses, such as golf courses, 148
tennis courts, swimming pools, and clubhouses, within an area 149
designated for residential use are not mixed use, irrespective 150
CS/CS/HB 837 2026
CODING: Words stricken are deletions; words underlined are additions.
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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
of how they are operated. 151
4. "Planned unit development" has the same meaning as 152
provided in s. 163.3202(5)(b). 153
(o) This subsection does not apply to: 154
1. Airport-impacted areas as provided in s. 333.03. 155
2. Property defined as recreational and commercial working 156
waterfront in s. 342.201(2)(b) in any area zoned as industrial. 157
3. The Wekiva Study Area, as described in s. 369.316. 158
4. The Everglades Protection Area, as defined in s. 159
373.4592(2). 160
5. Areas subject to land development regulations as 161
defined in s. 163.3164 that are in existence before July 1, 162
2026, which are intended to retain the open character of land, 163
including, but not limited to, open space districts, open space 164
recreation districts, open use estate districts, open use rural 165
districts, and park and open space districts. 166
6. Any area of critical state concern, as designated in 167
ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555. 168
7. The Florida wildlife corridor, as defined in s. 169
259.1055(4). 170
Section 3. This act shall take effect July 1, 2026. 171