Transportation Infrastructure Land Development Regulations

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A bill to be entitled 1
An act relating to transportation infrastructure land 2
development regulations; providing a short title; 3
creating s. 163.32035, F.S.; providing legislative 4
findings; defining terms; requiring the governing body 5
of a county or municipality to adopt an ordinance, and 6
the governing body of a special district to adopt a 7
resolution, establishing specified transit-oriented 8
development (TOD) zones and rural livable urban 9
village (LUV) areas by a certain date; requiring a 10
local government to zone for mixed use, and authorize 11
certain commercial uses for, lots within TOD zones and 12
rural LUV areas; defining the term "mixed use"; 13
prohibiting a local government from imposing certain 14
building regulations in specified TOD zones and rural 15
LUV areas; prohibiting the reduction or elimination of 16
TOD zones after establishment; prohibiting a local 17
government from imposing certain regulations for lots 18
that contain historic property; providing an 19
exception; providing a private cause of action for 20
certain real property owners and housing 21
organizations; defining the term "housing 22
organization"; specifying the procedure for such 23
actions; authorizing the award of specified relief; 24
providing that a prevailing plaintiff is entitled to 25

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attorney fees and costs; providing a waiver of 26
sovereign immunity; encouraging public transit 27
providers, public agencies, and local governments to 28
develop land within specified TOD zones; requiring 29
that net proceeds from such development be kept in a 30
specified fund for certain purposes; providing an 31
effective date. 32
33
Be It Enacted by the Legislature of the State of Florida: 34
35
Section 1. This act may be cited as the "Transit-Oriented 36
Development Act" or the "TOD Act." 37
Section 2. Section 163.32035, Florida Statutes, is created 38
to read: 39
163.32035 Land development regulations; regulation of 40
housing near transportation infrastructure.— 41
(1) The Legislature finds that: 42
(a) The median price of homes in this state increased 43
steadily in the decade preceding 2026, rising at a greater rate 44
of increase than the median income in this state. 45
(b) There is a housing shortage in this state which has 46
caused the costs of home ownership and renting to often exceed 47
an amount that is affordable for residents of this state. 48
(c) There is chronic traffic congestion on roadways in 49
this state which constrains economic activity across this state. 50

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(d) The housing shortage and chronic traffic congestion 51
constitute threats to the health, safety, and welfare of the 52
residents of this state and are caused, to a significant extent, 53
by land use and development regulations imposed by local 54
governments without a compelling governmental interest relating 55
to transit-oriented development. 56
(e) Such regulations substantially burden the basic rights 57
under the State Constitution to acquire, possess, and protect 58
property and inhibit the construction of transit-oriented 59
development and livable urban villages. 60
(f) The optimal location to construct housing is near 61
transit infrastructure, such as rail systems and rapid transit 62
systems, to minimize the traffic congestion of new residents and 63
to maximize state investments in transportation. 64
(g) The public purpose sought to be achieved by allowing 65
housing and commercial development near transit infrastructure 66
and in livable urban villages is to increase the supply of 67
housing near transit infrastructure and reduce chronic traffic 68
congestion, thereby making homeownership and renting more 69
affordable, increasing economic activity across this state, and 70
maximizing state investments in transportation. 71
(2) As used in this section, the term: 72
(a) "Adjacent" means that two lots share more than one 73
point of a property line. Lots are not adjacent if separated by 74
a body of water, including manmade lakes or ponds, or by a 75

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public easement or other right-of-way, including roads, 76
railroads, or canals. 77
(b) "Adjacent to a single-family home" means adjacent to a 78
lot that is one of at least 25 contiguous residential lots, all 79
of which contain single-family detached homes on the date a 80
development application is submitted. 81
(c) "Building height" means the number of stories or the 82
number of feet measured above grade or, if applicable, above the 83
base flood elevation established by the Federal Emergency 84
Management Agency. 85
(d) "Compelling governmental interest" means a 86
governmental interest of the highest order that cannot be 87
achieved through less restrictive means. A compelling 88
governmental interest must have a real and substantial 89
connection to protecting public safety, health, or reasonable 90
enjoyments and expectations of property, such as requiring 91
structural integrity, safe plumbing, or safe electricity of 92
buildings, or preventing and abating nuisances. 93
(e) "Livable urban village" or "LUV" means an area where 94
residential development is allowed on lots that are zoned for 95
commercial, industrial, and mixed use, so that housing may be 96
constructed near amenities and jobs. 97
(f) "Local government" means a county, municipality, or 98
special district. 99
(g) "Lot" means a parcel, tract, tier, block, site, unit, 100

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or any other division of land that is: 101
1. Zoned for residential, commercial, industrial, or mixed 102
use; or 103
2. Partly or wholly located within a flexibly zoned area 104
where development is permitted for a use thereof, 105
106
and is not located within an area of critical state concern 107
designated pursuant to s. 380.05. 108
(h) "Nuisance" means persistent activity that injures the 109
physical condition or interferes with the use of adjacent land, 110
is injurious to health or safety, or objectively offends the 111
senses. 112
(i) "Permanent public transit stop" means a stop or 113
station for a bus rapid transit service, a rail service, a 114
commuter rail service as defined in s. 341.301, an intercity 115
rail transportation system as defined in s. 341.301, or a fixed-116
guideway transportation system as defined in 341.031(2). The 117
term does not include a stop or station for a people-mover 118
system in a public-use airport as defined in s. 332.004 or an 119
intercity rail transportation system in a rural community as 120
defined in s. 288.0656(2). 121
(j) "Population" means, for a county or municipality, the 122
highest of the following population estimates: 123
1. The most recent decennial United States Census. 124
2. The most recent United States Census Bureau American 125

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Community Survey 5-year estimate. 126
3. The most recent United States Census Bureau American 127
Community Survey 1-year estimate. 128
(k) "Rural LUV area" means an area composed of lots that 129
are located in the county seat, or the largest municipality by 130
population, of a county that is a rural community as defined in 131
s. 288.0656(2), which lots are zoned for commercial, industrial, 132
or mixed use or are partly or wholly within a flexibly zoned 133
area where development is permitted for commercial, industrial, 134
or mixed use. 135
(l) "Tier 1 TOD zone" means the area of all lots partly or 136
wholly within a one-quarter mile radius of a permanent public 137
transit stop that is open for use on or after January 1, 2026. 138
(m) "Tier 2 TOD zone" means the area of all lots partly or 139
wholly within a one-quarter mile to one-half mile radius of a 140
permanent public transit stop that is open for use on or after 141
January 1, 2026, excluding any lot within a Tier 1 TOD zone. 142
(n) "Transit-oriented development" or "TOD" means a mixed-143
use development that is all of the following: 144
1. High density or high intensity. 145
2. Located near a permanent public transit stop. 146
3. Intended to promote transportation by walking, 147
bicycling, or public transit. 148
(3)(a) By December 1, 2026, the governing body of a county 149
or municipality shall adopt an ordinance, and the governing body 150

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of a special district shall adopt a resolution, establishing 151
Tier 1 TOD zones, Tier 2 TOD zones, and rural LUV areas. 152
1. For all lots located within a Tier 1 TOD zone, a Tier 2 153
TOD zone, or a rural LUV area, a local government shall do all 154
of the following: 155
a. Zone the lots for mixed use. For purposes of this sub-156
subparagraph, the term "mixed use" means that residential use, 157
commercial use, and a combination thereof are allowable uses, in 158
addition to any existing industrial use, if applicable. 159
b. Authorize commercial uses that include, but are not 160
limited to, hotels; restaurants; offices, including medical and 161
dental offices; financial services, including banks and credit 162
unions; and retail sales and services, including grocery stores 163
and pharmacies. 164
2. In Tier 1 TOD zones, a local government may not impose 165
any of the following: 166
a. A maximum building height of less than 8 stories or 85 167
feet, or less than 4 stories or 45 feet for lots adjacent to a 168
single-family home. 169
b. A maximum floor area ratio for residential use of less 170
than 6.0, or less than 3.0 for lots adjacent to a single-family 171
home. 172
c. A maximum floor area ratio for commercial use of less 173
than 3.0, or less than 2.0 for lots adjacent to a single-family 174
home. 175

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d. Any minimum setback requirement for the side, front, 176
and rear property lines. 177
e. A requirement that greater than 10 percent of the lot 178
area be reserved for open space or permeable surface. 179
f. A required minimum number of parking spaces. 180
181
The maximum building heights and floor area ratios specified in 182
this subparagraph are doubled for any lot located partly or 183
wholly within a county with a population that exceeds 800,000 or 184
within a municipality with a population that exceeds 75,000. 185
3. In Tier 2 TOD zones, a local government may not impose 186
any of the following: 187
a. A maximum building height of less than 4 stories or 45 188
feet, or less than 3 stories or 35 feet for lots adjacent to a 189
single-family home. 190
b. A maximum floor area ratio for residential use of less 191
than 3.0, or less than 2.0 for lots adjacent to a single-family 192
home. 193
c. A maximum floor area ratio for commercial use of less 194
than 3.0, or less than 2.0 for lots adjacent to a single-family 195
home. 196
d. Any minimum setback requirement for the side, front, or 197
rear property lines. 198
e. A requirement that greater than 20 percent of the lot 199
area be reserved for open space or permeable surface. 200

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f. A required minimum number of parking spaces. 201
202
The maximum building heights and floor area ratios specified in 203
this subparagraph are doubled for any lot located partly or 204
wholly within a county with a population that exceeds 800,000 or 205
within a municipality with a population that exceeds 75,000. 206
4. In rural LUV areas, a local government may not impose 207
any of the following: 208
a. A maximum building height of less than 4 stories or 45 209
feet. 210
b. A maximum floor area ratio for residential use of less 211
than 3.0. 212
c. A maximum floor area ratio for commercial use of less 213
than 2.0. 214
d. A minimum setback requirement of greater than 0 feet 215
from the side property lines, 10 feet from the rear property 216
line, or 20 feet from the front property line. 217
e. A requirement that greater than 30 percent of the lot 218
area be reserved for open space or permeable surface. 219
f. A required minimum number of parking spaces greater 220
than 1 per residential dwelling unit. 221
5. For a lot within a TOD zone or rural LUV area, a local 222
government may not impose any of the following: 223
a. Any limitation, restriction, or prohibition regarding 224
any type of single-family or multifamily use. 225

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b. A maximum density, such as a maximum number of dwelling 226
units per acre. 227
c. A minimum size for dwellings or dwelling units greater 228
than that required by the Florida Building Code. 229
(b) A TOD zone established pursuant to this subsection may 230
not be reduced or eliminated thereafter, including for the 231
closure of a permanent public transit stop after the TOD zone is 232
established. 233
(4) A local government may not impose a regulation that 234
prohibits, limits, or otherwise restricts residential or 235
commercial development authorized within a TOD zone under this 236
section for any lot that contains historic property as defined 237
in s. 267.021, except for any regulation that prohibits, limits, 238
or otherwise restricts demolition or alteration of a structure 239
or building that is individually listed in the National Register 240
of Historic Places or that is a contributing structure or 241
building within a historic district which was listed in the 242
National Register of Historic Places before January 1, 2000. 243
(5)(a) A real property owner or housing organization that 244
is aggrieved or adversely affected by a regulation imposed by a 245
local government in violation of this section may maintain a 246
cause of action for damages in the county in which the real 247
property is located. As used in this paragraph, the term 248
"housing organization" means a trade or industry group that 249
constructs or manages housing units, a nonprofit organization 250

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that provides or advocates for increased access or reduced 251
barriers to housing, or a nonprofit organization that is engaged 252
in public policy research, education, or outreach that includes 253
housing-policy-related issues. 254
(b)1. In a proceeding under this subsection, an aggrieved 255
or adversely affected party is entitled to the summary procedure 256
provided in s. 51.011, and the court shall advance the cause on 257
the calendar. The court shall review the evidence de novo and 258
enter written findings of fact based on the preponderance of the 259
evidence that a local government has imposed a regulation in 260
violation of this section. 261
2. An aggrieved or adversely affected party shall prevail 262
in an action filed under this subsection unless the local 263
government demonstrates to the court by clear and convincing 264
evidence that the regulation is: 265
a. In furtherance of a compelling governmental interest; 266
and 267
b. The least restrictive means of furthering the 268
compelling governmental interest. 269
(c) The court may do any of the following: 270
1. Enter a declaratory judgment as provided by chapter 86. 271
2. Issue a writ of mandamus. 272
3. Issue an injunction to prevent a violation of this 273
section. 274
4. Remand the matter to the land development regulation 275

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commission for action consistent with the judgment. 276
(d) The prevailing plaintiff is entitled to recover 277
reasonable attorney fees and costs, including reasonable 278
appellate attorney fees and costs. 279
(6) Sovereign immunity is waived for local governments to 280
the extent that liability is created under this section. 281
(7) A public transit provider as defined in s. 341.031(1) 282
is encouraged to develop land within Tier 1 and Tier 2 TOD zones 283
in accordance with this section. Any net proceeds from such 284
development shall be kept in the public transit agency's fund 285
for operations, maintenance, and capital improvements. Public 286
agencies, such as the Department of Transportation and local 287
governments, are also encouraged to develop the land within Tier 288
1 and Tier 2 TOD zones in accordance with this section and to 289
transfer a portion of the net proceeds to the public transit 290
agency's fund for operations, maintenance, and capital 291
improvements. 292
Section 3. This act shall take effect July 1, 2026. 293