Read the full stored bill text
Florida Senate
-
2026
CS for CS for SB 208
By
the Committees on Rules; and Judiciary; and Senator McClain
595-03170-26 2026208c2
1 A bill to be entitled
2 An act relating to land use and development
3 regulations; amending ss. 125.022 and 166.033, F.S.;
4 requiring that the amount of certain application fees
5 reasonably relate to certain costs; requiring that
6 such fees be published on the county’s or
7 municipality’s fee schedule, respectively; requiring
8 that such fees not be based on certain costs or
9 valuations; amending s. 163.31777, F.S.; requiring
10 that certain interlocal agreements between school
11 boards and local governments address reasonable access
12 to certain public easements and public rights-of-way;
13 amending s. 163.3194, F.S.; requiring that local
14 government comprehensive plans and land development
15 regulations include factors for assessing the
16 compatibility of certain residential uses; requiring
17 that land development regulations incorporate certain
18 objective design standards or other measures for
19 mitigating or minimizing potential incompatibility;
20 requiring local government staff to meet certain
21 requirements before recommending denial of certain
22 applications on compatibility grounds; prohibiting a
23 local government from denying certain applications on
24 compatibility grounds if the applicant has proposed
25 certain measures; providing an exception; requiring
26 that the denial of an application specify certain
27 information; providing that a local government’s
28 approval of an application may include certain
29 requirements or conditions; providing applicability;
30 amending s. 553.382, F.S.; authorizing the placement
31 of certain residential manufactured buildings on any
32 lot in a recreational vehicle park; creating s.
33 553.385, F.S.; defining the terms “local government”
34 and “offsite constructed residential dwelling”;
35 requiring that an offsite constructed residential
36 dwelling be permitted as of right in certain zoning
37 districts; prohibiting a local government from
38 adopting or enforcing certain regulations; providing
39 construction; authorizing a local government to adopt
40 compatibility standards that are limited to certain
41 architectural features; prohibiting a local government
42 from treating offsite constructed residential
43 dwellings differently than factory-built buildings
44 based on certain circumstances; prohibiting a local
45 government from adopting or enforcing certain zoning,
46 land use, or development ordinances and regulations;
47 prohibiting local government ordinances and
48 regulations from having certain effects; providing
49 that certain local government ordinances and
50 regulations are void and unenforceable to a specified
51 extent; requiring the Office of Program Policy
52 Analysis and Government Accountability (OPPAGA) to
53 conduct a study to identify the effects of removing
54 certain boundaries; providing requirements for the
55 study; requiring OPPAGA to submit the results of the
56 study to the Legislature by a specified date;
57 providing an effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Present subsection (9) of section 125.022,
62 Florida Statutes, is redesignated as subsection (10), and a new
63 subsection (9) is added to that section, to read:
64 125.022 Development permits and orders.—
65
(9) The amount of any
application fee associated with
a
66
development permit
or development order
must
reasonably relate
67
to the direct
and reasonable indirect
cost
s associated with the
68
review, processing, and final disposition of
the application and
69
must be published on the county’s fee schedule.
The
fee may not
70
be based on a percentage of construction costs, site costs, or
71
project valuation
.
72 Section 2. Present subsection (9) of section 166.033,
73 Florida Statutes, is redesignated as subsection (10), and a new
74 subsection (9) is added to that section, to read:
75 166.033 Development permits and orders.—
76
(9) The amount of
any
application fee associated with a
77
development permit
or development order
must reasonably relate
78
to the direct and reasonable indirect costs associated with the
79
review, processing, and final disposition of
the application and
80
must be published on the municipality’s fee schedule. The fee
81
may not be based on a percentage of construction costs, site
82
costs, or project valuation.
83 Section 3. Paragraph (j) is added to subsection (2) of
84 section 163.31777, Florida Statutes, to read:
85 163.31777 Public schools interlocal agreement.—
86 (2) At a minimum, the interlocal agreement must address the
87 following issues:
88
(j) Reasonable access, where available, to public easements
89
and public rights-of-way
which
may be necessary for the siting,
90
construction, expansion, or improvement of public school
91
facilities, including charter schools, consistent with adopted
92
level-of-service standards, school concurrency requirements, and
93
applicable public facilities planning requirements.
94 Section 4. Subsection (7) is added to section 163.3194,
95 Florida Statutes, to read:
96 163.3194 Legal status of comprehensive plan.—
97
(7)(a) Local government comprehensive plans and land
98
development regulations must include
factors
for assessing the
99
compatibility of allowable residential uses within
a residential
100
zoning district and
future land use category.
Such factors may
101
include intensity, density, scale, building size, mass, bulk,
102
height and orientation, lot coverage, lot size and
103
configuration,
architectural style,
permeability, screening,
104
buffers, setbacks, stepbacks, transitional areas, signage,
105
traffic and pedestrian circulation and access, and operational
106
impacts
,
such as noise, odor, and lighting.
107
(b) Land development regulations must incorporate objective
108
design standards or other
measures
for mitigating or minimizing
109
potential incompatibility.
110
(
c
)
1.
Before recommending denial
of an application for
111
rezoning, subdivision, or site plan approval
on compatibility
112
grounds, local government
staff
must identify with specificity
113
each
area
of incompatibility
and may recommend mitigation
114
measures to the applicant
.
115
2.
If the applicant has proposed mitigation measures, the
116
local government may not deny a
n
application on compatibility
117
grounds unless the
denial includes written findings
stating that
118
the
proposed mitigation measures are inadequate and that
no
119
feasible mitigation
measures
exist.
120
3.
A denial of an application on compatibility grounds
must
121
specify with particularity the
area or
areas of incompatibility,
122
including applicable standards
and an explanation of any
123
mitigation measures considered and declined by the applicant, or
124
the basis for determining that no feasible mitigation measures
125
exist.
R
eferences to “community character” or “neighborhood
126
feel”
are not sufficient in and of themselves to support a
127
denial of an application on compatibility grounds
.
128
4. A local government’s approval of an application may
129
include requirements or conditions to mitigate or minimize
130
compatibility concerns.
131
(
d
) This subsection does not apply to
any of the following:
132
1.
C
ompatibility between uses in different future land use
133
categories, including rural, agricultural, conservation, open
134
space, mixed-use, industrial, or commercial
use.
135
2. Applications for development within planned unit
136
developments or master planned communities.
137
3. Applications for development within historic districts
138
designated before January 1, 2026
.
139
(e) This section does not require approval of an
140
application that is otherwise inconsistent with the applicable
141
local government comprehensive plan or land development
142
regulations.
143 Section 5. Section 553.382, Florida Statutes, is amended to
144 read:
145 553.382 Placement of certain housing.—Notwithstanding any
146 other law or ordinance to the contrary, in order to expand the
147 availability of affordable housing in this state, any
148 residential manufactured building that is certified under this
149 chapter by the department may be placed on a mobile home lot in
150 a mobile home park
, recreational vehicle park,
or mobile home
151 condominium, cooperative, or subdivision
or on any lot in a
152
recreational vehicle park
. Any such housing unit placed on a
153 mobile home lot is a mobile home for purposes of chapter 723
154 and, therefore, all rights, obligations, and duties under
155 chapter 723 apply, including the specifics of the prospectus.
156 However, a housing unit subject to this section may not be
157 placed on a mobile home lot without the prior written approval
158 of the park owner. Each housing unit subject to this section
159
which is placed on a mobile home lot
shall be taxed as a mobile
160 home under s. 320.08(11) and is subject to payments to the
161 Florida Mobile Home Relocation Fund under s. 723.06116.
162 Section 6. Section 553.385, Florida Statutes, is created to
163 read:
164
553.385
Zoning of offsite constructed residential
165
dwellings; parity.—
166
(1) As used in this section, the term:
167
(a) “Local government” means a county or municipality.
168
(b) “Offsite constructed residential dwelling”
means a
169
manufactured building as defined in
s.
553.36
which
is intended
170
for single-family residential use
,
or a manufactured home as
171
defined in s. 320.01(2)(b)
,
which is
constructed in whole or
in
172
part offsite
and is
treated as real property
.
173
(2)(a)
An offsite constructed residential dwelling must be
174
permitted as of right in any zoning district where single-family
175
detached dwellings are allowed.
176
(b)
A local government may not adopt or enforce any zoning,
177
land
use, or development regulation that treats an offsite
178
constructed residential dwelling differently or more
179
restrictively than a single-family site-built dwelling allowed
180
in the same district.
181
(c) This section does not prohibit
a local government from
182
applying generally applicable architectural, aesthetic, design,
183
setback, height, or bulk standards to offsite constructed
184
residential dwellings, provided such standards apply equally to
185
site-built single-family dwellings permitted in the same
186
district.
A local government may adopt compatibility standards
187
that are
limited to the following architectural features:
188
1.
Roof pitch
.
189
2.
Square footage of livable space
.
190
3.
Type and quality of exterior finishing materials
.
191
4.
Foundation enclosure
.
192
5.
Existence and type of attached structures
.
193
6.
Building s
etback
s
, lot dimension
s
, and
the
orientation
194
of the home on the lot.
195
(d)
A
local government may not treat
offsite constructed
196
residential dwelling
s
differently
than
factory-built building
s
197
subject to s. 553.38 based on the method or location of
198
construction.
199
(3)
A local government may not adopt or enforce any zoning,
200
land
use, or development ordinance or regulation that conflicts
201
with this section or s. 553.38 or that imposes different or more
202
restrictive treatment on an offsite constructed residential
203
dwelling based on its method of construction or the presence of
204
components built off
site.
Local government ordinances and
205
regulations may
not have the effect of excluding offsite
206
constructed residential dwellings and
must
be reasonable and
207
uniformly enforced without any distinction as to the type of
208
housing. Any such
ordinance or regulation
is void and
209
unenforceable as applied to
offsite constructed residential
210
dwellings
.
211 Section 7.
(1)
The Office of Program Policy Analysis and
212
Government Accountability (OPPAGA) shall conduct a study to
213
identify the effect
s
of removing the Urban Development Boundary
214
(UDB)
and other
similar boundaries in Miami-Dade County and
215
other counties.
216
(
2
)
The study
must:
217
(a)
Address whether counties may control growth through
218
other zoning and land use designations.
219
(b)
Include an analysis of the economic benefits related to
220
the cost of land and housing.
221
(c)
Analyze whether local counties
have the ability to
222
protect the environment and water quality without having a UDB
223
or similar boundary within their
respective
jurisdictions.
224
(
3
)
By December 1, 2026, OPPAGA shall submit the results of
225
the study to the President of the Senate and the Speaker of the
226
House of Representatives
.
227 Section 8. This act shall take effect January 1, 2027.