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HB 1465 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 restrictions on local government 2
regulations after a hurricane; amending s. 252.422, 3
F.S.; defining the terms "burdensome" and 4
"restrictive"; revising the circumstances under which 5
certain land use regulations may be enforced; removing 6
obsolete language; amending s. 28 of chapter 2025-190, 7
Laws of Florida; revising the circumstances under 8
which certain land use regulations may be enforced; 9
revising the persons authorized to bring specific 10
civil actions; requiring certain pending applications 11
be processed in a specified manner; providing 12
definitions; providing an effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
16
Section 1. Subsections (1), (3), and (5) of Section 17
252.422, Florida Statutes, are amended to read: 18
252.422 Restrictions on county or municipal regulations 19
after a hurricane.— 20
(1) As used in this section, the term: 21
(a) "Burdensome" means an action proposed, adopted, or 22
enforced, including the interpretation of existing regulations 23
or inaction on pending applications, by a county or municipality 24
that decreases the allowable density, intensity, or floor area 25
HB 1465 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
ratio on land, that decreases the amount of property available 26
to be developed, that has the effect of increasing an impact fee 27
exceeding 25 percent over a two-year period, or that restricts 28
or limits the use or future use of real property such that 29
negatively impacts the economic value of the property. 30
(b) "Impacted local government" means a county listed in a 31
federal disaster declaration located entirely or partially 32
within 100 miles of the track of a storm declared to be a 33
hurricane by the National Hurricane Center while the storm was 34
categorized as a hurricane or a municipality located within such 35
a county. 36
(c) "Restrictive" means an action proposed, adopted, or 37
enforced, including the interpretation of existing regulations, 38
by a county or municipality concerning the review, approval, or 39
issuance of a site plan, development permit, or development 40
order, to the extent that those terms are defined by s. 41
163.3164, or concerning policies or procedures relating to its 42
comprehensive plan or land development regulations, that 43
increases the time for such review, approval, or issuance, or 44
that creates additional reviews or applications, and includes 45
the inaction by a county or municipality that creates a delay in 46
such review, approval, or issuance. 47
(3) Notwithstanding subsection (2), a comprehensive plan 48
amendment, land development regulation amendment, site plan, 49
development permit, or development order approved or adopted by 50
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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
an impacted local government before or after June 26, 2025, may 51
be enforced if: 52
(a) The associated application is initiated by a private 53
party other than the impacted local government and the property 54
that is the subject of the application is owned by the 55
initiating private party; 56
(b) The proposed comprehensive plan amendment was 57
submitted to reviewing agencies pursuant to s. 163.3184 before 58
landfall; or 59
(c) The proposed comprehensive plan amendment or land 60
development regulation is approved by the state land planning 61
agency pursuant to s. 380.05; 62
(d) The application is submitted by a county or 63
municipality for the purposes of being in compliance with s. 64
163.3191. Such amendment shall be limited in scope and 65
application, and shall only be enforced if the amendment is 66
necessary to be in compliance with changes in federal or state 67
law; or 68
(e) The application submitted by a county or municipality 69
substantially increases the allowable density and intensity of 70
property throughout the jurisdiction, implements a form based 71
code, and does not substantially restrict the development of 72
property outside an urban service area. 73
(5) The Office of Program Policy Analysis and Government 74
Accountability (OPPAGA) shall conduct a study on actions taken 75
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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
by local governments after hurricanes which are related to 76
comprehensive plans, land development regulations, and 77
procedures for review, approval, or issuance of site plans, 78
permits, or development orders. The study must focus on the 79
impact that local governmental actions, including moratoriums, 80
ordinances, and procedures, have had or may have on 81
construction, reconstruction, or redevelopment of any property 82
damaged by hurricanes. In its research, OPPAGA shall survey 83
stakeholders that play integral parts in the rebuilding and 84
recovery process. OPPAGA shall make recommendations for 85
legislative options to remove impediments to the construction, 86
reconstruction, or redevelopment of any property damaged by a 87
hurricane and prevent the implementation by local governments of 88
burdensome or restrictive procedures and processes. OPPAGA shall 89
submit the report to the President of the Senate and the Speaker 90
of the House of Representatives by December 1, 2025. 91
Section 2. Section 28 of chapter 2025-190, Laws of 92
Florida, is amended to read: 93
Section 28. (1) Each county listed in the Federal Disaster 94
Declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR-95
4828), or Hurricane Milton (DR-4834), and each municipality 96
within one of those counties, may not propose or adopt any 97
moratorium on construction, reconstruction, or redevelopment of 98
any property damaged by such hurricanes; propose or adopt more 99
restrictive or burdensome amendments to its comprehensive plan 100
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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
or land development regulations; or propose or adopt more 101
restrictive or burdensome procedures concerning review, 102
approval, or issuance of a site plan, development permit, or 103
development order, to the extent that those terms are defined by 104
s. 163.3164, Florida Statutes, before October 1, 2027, and any 105
such moratorium or restrictive or burdensome comprehensive plan 106
amendment, land development regulation, or procedure shall be 107
null and void ab initio. This subsection applies retroactively 108
to August 1, 2024. 109
(2) Notwithstanding subsection (1), any comprehensive plan 110
amendment, land development regulation amendment, site plan, 111
development permit, or development order approved or adopted by 112
a county or municipality before or after the effective date of 113
this act may be enforced if: 114
(a) The associated application is initiated by the owner 115
of the property that is the subject of the application and such 116
owner is not a private party other than the county or 117
municipality;. 118
(b) The property that is the subject of the application is 119
submitted by a county or municipality for the purposes of being 120
in compliance with s. 163.3191, Florida Statutes; or owned by 121
the initiating private party 122
(c) The application submitted by a county or municipality 123
substantially increases the allowable density and intensity of 124
property throughout the jurisdiction, implements a form based 125
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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
code, and does not substantially restrict the development of 126
property outside an urban service area. 127
(3)(a) A resident of or the owner of a business or 128
property in a county or municipality may bring a civil action 129
for declaratory and injunctive relief against the county or 130
municipality for a violation of this section. Pending 131
adjudication of the action and upon filing of a complaint 132
showing a violation of this section, the resident or business 133
owner is entitled to a preliminary injunction against the county 134
or municipality preventing implementation of the moratorium or 135
the comprehensive plan amendment, land development regulation, 136
or procedure. If such civil action is successful, the resident 137
or business owner is entitled to reasonable attorney fees and 138
costs. 139
(b) Attorney fees and costs and damages may not be awarded 140
pursuant to this subsection if: 141
1. The resident or business owner provides the governing 142
body of the county or municipality written notice that a 143
proposed or enacted moratorium, comprehensive plan amendment, 144
land development regulation, or procedure is in violation of 145
this section; and 146
2. The governing body of the county or municipality 147
withdraws the proposed moratorium, comprehensive plan amendment, 148
land development regulation, or procedure within 14 days; or, in 149
the case of an adopted moratorium, comprehensive plan amendment, 150
HB 1465 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
land development regulation, or procedure, the governing body of 151
a county or municipality notices an intent to repeal within 14 152
days after receipt of the notice and repeals the moratorium, 153
comprehensive plan amendment, land development regulation, or 154
procedure within 14 days thereafter. 155
(4) An application for review, approval, or issuance of a 156
site plan, development permit, development order, including the 157
interpretation of existing regulations, or adoption of an 158
amendment to a comprehensive plan, pending as of March 31, 2026, 159
shall be processed for consideration by local government and 160
effective upon approval or adoption irrespective of the local 161
governments adoption of a more restrictive or burdensome 162
amendment to its comprehensive plan or land development 163
regulations during the period that the application is pending. 164
(5) For the purposes of this section the term: 165
(a) "Burdensome" has the same meaning as in s. 252.422, 166
Florida Statutes. 167
(b) "Property owner" means the person who holds legal 168
title to the real property that is the subject of and directly 169
impacted by the action of a governmental entity. The term does 170
not include a governmental entity. 171
(c) "Restrictive" has the same meaning as in s. 252.422, 172
Florida Statutes. 173
(6)(4) This section expires June 30, 2028. 174
Section 3. This act shall take effect July 1, 2026. 175