Read the full stored bill text
Florida Senate
-
2026
CS for SB 948
By
the Committee on Community Affairs; and Senators McClain,
Rodriguez, DiCeglie, Smith, and Rouson
578-02268-26 2026948c1
1 A bill to be entitled
2 An act relating to local government land development
3 regulations and orders; amending ss. 125.022 and
4 166.033, F.S.; providing applicability; requiring
5 counties and municipalities, respectively, to follow
6 certain application procedures for applications for
7 certain development permits and development orders;
8 creating s. 163.3254, F.S.; creating the “Florida
9 Starter Homes Act” for a specified purpose; providing
10 a short title; providing legislative findings;
11 defining terms; prohibiting local governments from
12 imposing regulations governing residential lots unless
13 such regulations meet specified requirements;
14 providing applicability; providing construction;
15 prohibiting local governments from imposing certain
16 regulations if a residential lot is connected to a
17 public water system and a sewerage system; requiring
18 that regulations imposed by a local government allow
19 residential lots to front or abut a shared space
20 instead of a public right-of-way; prohibiting a local
21 government from imposing regulations that require more
22 than a certain minimum number of parking spaces for
23 specified residential lots; prohibiting a local
24 government from imposing certain regulations on
25 residential lots that contain historic property;
26 providing exceptions; requiring that local government
27 regulations include a certain process; requiring the
28 approval of a lot split under certain circumstances;
29 limiting the criteria that may be required by local
30 governments for applications for and approvals of lot
31 splits; establishing an application process for
32 development applications for residential lots;
33 requiring a local government to process such
34 applications in a certain manner within certain
35 timeframes; requiring the approval of such development
36 applications by right under certain circumstances;
37 authorizing an applicant to request, and requiring the
38 local government to grant, certain extensions;
39 prohibiting a local government from imposing, or from
40 requiring an applicant to request, such an extension;
41 providing that certain applications are deemed
42 approved by right under certain circumstances;
43 requiring a local government to issue to an applicant
44 a refund of the application fee under certain
45 circumstances; providing construction; authorizing
46 certain property owners and housing organizations to
47 maintain a cause of action under certain
48 circumstances; defining the term “housing
49 organization”; specifying the procedure for such
50 actions; authorizing the award of specified relief;
51 providing that a prevailing plaintiff is entitled to
52 attorney fees and costs; providing a waiver of
53 sovereign immunity; providing construction; providing
54 retroactive application; providing for liberal
55 construction; providing that certain local government
56 regulations are void and unenforceable to a specified
57 extent; amending s. 163.514, F.S.; authorizing the
58 board of a neighborhood improvement district to plan,
59 finance, or complete structural safety or building
60 compliance improvements if approved by a majority vote
61 of the district’s residents or by a certain advisory
62 council; amending s. 177.071, F.S.; providing
63 applicability; requiring an administrative authority
64 to follow certain application procedures for
65 applications for certain plats and replats; amending
66 s. 553.382, F.S.; authorizing the placement of a
67 residential manufactured building on any lot in a
68 recreational vehicle park; conforming provisions to
69 changes made by the act; creating s. 553.385, F.S.;
70 defining the terms “local government” and “off-site
71 constructed residential dwelling”; requiring the
72 permitting as of right of an off-site constructed
73 residential dwelling in certain zoning districts;
74 prohibiting a local government from adopting or
75 enforcing certain regulations; providing construction;
76 authorizing a local government to adopt compatibility
77 standards that are limited to certain architectural
78 features; prohibiting a local government from treating
79 off-site constructed residential dwellings differently
80 than factory-built buildings based on certain
81 circumstances; prohibiting a local government from
82 adopting or enforcing certain zoning, land use, or
83 development ordinances and regulations; prohibiting
84 local government ordinances and regulations from
85 having certain effects; providing that certain local
86 government ordinances and regulations are void and
87 unenforceable to a specified extent; providing an
88 effective date.
89
90 Be It Enacted by the Legislature of the State of Florida:
91
92 Section 1. Subsection (10) is added to section 125.022,
93 Florida Statutes, to read:
94 125.022 Development permits and orders.—
95
(10) Subsections (2), (3), and (4) do not apply to an
96
application for approval of a development permit or development
97
order for a residential lot as defined in s. 163.3254(3). For
98
such applications, the county shall follow the application
99
procedures established in s. 163.3254(
7
).
100 Section 2. Subsection (10) is added to section 166.033,
101 Florida Statutes, to read:
102 166.033 Development permits and orders.—
103
(10) Subsections (2), (3), and (4) do not apply to an
104
application for approval of a development permit or development
105
order for a residential lot as defined in s. 163.3254(3). For
106
such applications, the
municipality
shall follow the application
107
procedures established in s. 163.3254(
7
).
108 Section 3. Section 163.3254, Florida Statutes, is created
109 to read:
110
163.3254
Florida Starter Homes Act.—The Florida Starter
111
Homes Act is created to make home ownership, renting, and
112
leasing more affordable for the residents of this state by
113
increasing the supply of housing for the residents of this
114
state.
115
(1)
This section may be cited as the “Florida Starter Homes
116
Act.”
117
(2)
The Legislature finds that:
118
(a)
The median price of homes in this state has increased
119
steadily in the decade preceding 2026, rising at a greater rate
120
of increase than the median income in this state.
121
(b)
There is a housing shortage in this state which
122
constitutes a threat to the health, safety, and welfare of the
123
residents of this state, and this shortage has caused the costs
124
of home ownership, renting, and leasing to often exceed an
125
amount that is affordable for residents of this state.
126
(c) The housing shortage is caused, to a significant
127
extent, by regulations governing residential lots which have
128
been imposed by local governments without a compelling
129
governmental interest. Such regulations substantially burden the
130
basic right under the State Constitution to acquire, possess,
131
and protect property.
132
(d)
Single-family detached homes, single-family attached
133
homes, townhouses, duplexes, triplexes, and quadruplexes are
134
affordable starter homes for residents of this state to own,
135
rent
,
or lease.
136
(e) Regulations governing residential lots which have been
137
imposed by local governments do not encourage a high degree of
138
flexibility relating to residential development, and such
139
regulations prevent the development of starter homes on
140
residential lots smaller in size, due, in part, to minimum lot
141
size requirements and restrictions on the types of dwellings
142
allowed to be constructed on residential lots.
143
(f)
The important public purpose sought to be achieved by
144
allowing starter homes on residential lots that are smaller in
145
size is to increase the supply of housing, which will make home
146
ownership, renting, and leasing more affordable for the
147
residents of this state.
148
(3)
For purposes of this section, the term:
149
(a)
“B
usiness day” means all calendar days except
150
Saturdays, Sundays, and holidays under s. 110.117(1).
151
(b)
“By right”
means administrative approval
as a matter of
152
right
by a local government of a development application that
153
objectively complies with applicable zoning regulations and for
154
which the local government may not impose a public hearing; any
155
action by a governing body, reviewing body, or quasi-judicial
156
body; a variance; a conditional use permit, special permit, or
157
special exception; or any other discretionary regulation
.
158
(c) “Compelling governmental interest” means a governmental
159
interest of the highest order which cannot be achieved through
160
less restrictive means. A compelling governmental interest must
161
have a real and substantial connection to protecting public
162
safety, health, or reasonable enjoyments and expectations of
163
property, such as requiring the structural integrity, safe
164
plumbing, or safe electricity of buildings, or preventing or
165
abating nuisances.
166
(d) “Development”
has the same meaning as in s. 380.04.
167
(e) “Development application” means
an application for
168
approval of any of the following:
169
1. A lot split or subdivision.
170
2. A plat or replat.
171
3. A development bonus for additional height, density, or
172
floor area ratio.
173
4. The demolition of an existing structure, if the
174
demolition objectively complies with applicable regulations.
175
5. Any other development
order or development permit as
176
those terms are
defined in s. 163.3164, except for building
177
permits.
178
(f) “Dwelling unit” means
a single unit formed by one or
179
more rooms within a dwelling
which
is used, or is designed to be
180
used, as a home, residence, or sleeping place for at least one
181
person.
182
(g) “Impose” means
request or adopt, enact, establish,
183
maintain, enforce, mandate, compel, force, or otherwise require.
184
(h)
“Local government” means any county, municipality, or
185
special district.
186
(i) “Lot” means
a parcel, tract, tier, block, site, unit,
187
or any other division of land.
188
(j)
“Lot split” means the division of a parent parcel into
189
no more than eight residential lots.
190
(k) “Nuisance” means
persistent activity that injures the
191
physical condition or interferes with the use of adjacent land,
192
is injurious to health or safety, or objectively offends the
193
senses.
194
(l) “Objectively” means
in a way that involves no personal
195
or subjective judgment by a public official and that is
196
uniformly verifiable by reference to an external and uniform
197
benchmark or criterion available and knowable by both the local
198
government and the development applicant, development proponent,
199
or property owner, as applicable.
200
(m)
“Parent parcel” means the original lot from which
201
subsequent lots are created.
202
(n) “Public transit stop” means
a stop or station used for
203
public purposes for transit services, including for a bus rapid
204
transit service,
a
bus system,
a
streetcar
,
a commuter rail
205
service
as defined in s. 341.301
,
an
intercity rail
206
transportation system
as defined in s. 341.301
, or
a
fixed
207
guideway transportation system
as defined in s. 341.031(2).
The
208
term does not include a stop or station for
a
people-mover
209
system in a public-use airport as defined
in
s. 332.004 or
for
210
an
intercity rail transportation system in a rural community as
211
defined in s. 288.0656
(2)
.
212
(
o
) “Public water system” has the same meaning as in s.
213
403.852(2).
214
(p) “Regulation” means
a
comprehensive plan, a development
215
order, or a
land development regulation as
those terms are
216
defined in s. 163.3164 or any other local government ordinance,
217
resolution, policy, action, procedure, condition, guideline,
218
development agreement, or land development code.
219
(q) “Residential lot” means
a lot that is zoned for
220
residential use or on which
at least one type of starter home is
221
an existing or lawful use. The term does not include
a
lot that
222
is
located within an area of critical state concern designated
223
pursuant to s. 380.05.
224
(r) “Sewerage system” has the same meaning as in s.
225
403.031.
The term does not include an onsite sewage treatment
226
and disposal system as defined in s. 403.031.
227
(s)
“Shared space” means a driveway, an alley, or a common
228
open space, such as a courtyard or pocket park.
229
(t) “Starter home” means
a dwelling with one, two, three,
230
or four dwelling units
. The term includes, but is not limited
231
to
, single-family detached homes, single-family attached homes,
232
townhouses as defined in s. 481.203, duplexes, triplexes, and
233
quadruplexes, and the
curtilage
thereof.
234
(u)
“Subdivision” means the division of a parent parcel
235
into nine or more residential lots. The term includes streets,
236
alleys, additions, and resubdivisions.
237
(4)(a)1.
A local government may not impose a regulation
238
that governs residential lots unless such regulation is:
239
a.
In furtherance of a compelling governmental interest;
240
and
241
b.
The least restrictive means of furthering that
242
compelling governmental interest.
243
2.
Subparagraph 1. does not apply to regulations that:
244
a.
Prevent or abate a nuisance;
245
b.
Enforce the terms of a license, a permit, or an
246
authorization;
247
c.
Enforce any requirement imposed by federal law; or
248
d.
Are the result of a final, nonappealable judicial
249
determination.
250
3.
Any ambiguity in a regulation that governs residential
251
lots must be construed in favor of the basic rights to acquire,
252
possess, and protect property,
including, but not limited to,
253
the
right to
approval by right of
a
development or development
254
application
.
255
(b)
If a residential lot is connected to a public water
256
system and a sewerage system, or will be connected to such
257
systems as part of a lot split plan or subdivision plan, a local
258
government may not impose a regulation that does any of the
259
following:
260
1.
Requires a minimum lot size that is greater than 1,200
261
square feet for existing lots, lots created by a lot split, or
262
lots created by subdivision.
263
2.
Prohibits, limits, or otherwise restricts the
264
development of a starter home.
265
3.
Requires a minimum setback that is greater than: 0 feet
266
from the sides; 10 feet from the rear; or 20 feet from the
267
front, or 0 feet from the front if the lot fronts or abuts a
268
shared space.
269
4.
Requires a minimum dimension of a lot, including its
270
width or depth, to exceed 20 feet if the lot meets the relevant
271
minimum lot size requirement.
272
5.
Requires more than 30 percent of lot area to be reserved
273
for open space or permeable surface.
274
6.
Requires a maximum building height of less than three
275
stories or 35 feet above grade or, if applicable, three stories
276
or 35 feet above the base flood elevation established by the
277
Federal Emergency Management Agency.
278
7.
Requires a maximum floor area ratio of less than 3.
279
8.
Requires the property owner to occupy the property.
280
9.
Requires a minimum size for a starter home which is
281
greater than that required by the Florida Building Code.
282
10.
Requires a maximum residential density, typically
283
measured in dwelling units per acre, which is more restrictive
284
than the requirements of this subsection.
285
(5)(a)
Regulations imposed by a local government must allow
286
a residential lot to front or abut a shared space instead of a
287
public right-of-way.
288
(b)
A local government may not impose a regulation that
289
requires a minimum number of parking spaces greater than one per
290
residential dwelling unit for residential lots that are 4,000
291
square feet or less, or any minimum number of parking spaces for
292
residential lots within a one-half mile radius of a public
293
transit stop that is open for public use on or after January 1,
294
2026.
295
(c) A
local government may not impose
a
regulation that
296
prohibit
s
, limit
s
, or otherwise restrict
s
lot splits or the
297
development of starter homes
on a residential lot that contains
298
historic property as defined in s. 267.021, except for:
299
1.
Regulations
relating to building design elements which
300
may be applied pursuant
to s. 163.3202(5)(a)1.; or
301
2.
Regulations that prohibit, limit, or otherwise restrict
302
the demolition or alteration of a structure or building that is
303
individually listed in the National Register of Historic Places,
304
or that is a contributing structure or building within a
305
historic district which was listed in the National Register of
306
Historic Places before January 1, 2000.
307
(6)
Local government regulations must include a process
308
through which an applicant may seek review and approval of a lot
309
split.
310
(a) A lot split must be approved by right if the lot split
311
objectively complies with the requirements of this section.
312
(b) Regulations imposed by a local government which
313
establish criteria for the application for, or approval of, a
314
lot split are limited to the following:
315
1.
The requirement that an applicant provide the relevant
316
documentation and pay a fee for the cost of review of such
317
documentation. Any other fee imposed on the application for, or
318
approval of, a lot split is prohibited.
319
2.
The requirement that lots created by the lot split
320
comply with applicable zoning regulations that govern the parent
321
parcel.
322
3.
The requirement that the parent parcel was not created
323
by a lot split or subdivision during the previous 12 months.
324
(7)(a)
A local government shall confirm receipt of a
325
development application for a residential lot within 5 business
326
days after receipt of the application using the contact
327
information provided by the applicant. Within 10 business days
328
after receiving the application, the local government shall
329
review the application for completeness and issue a written
330
notification to the applicant indicating that all required
331
information is submitted or specify in writing with
332
particularity any areas that are deficient. If the application
333
is deficient, the applicant has 60 business days to address the
334
deficiencies by submitting the required additional information.
335
(b) Within 5 business days after receipt of such additional
336
information, the local government shall issue a written
337
notification to the applicant indicating that all required
338
information is submitted or specify in writing with
339
particularity any areas that remain deficient. The local
340
government may request additional information up to three times
341
if necessary to address an initially identified area of
342
deficiency. However, the local government may not raise a new
343
area of deficiency in a subsequent request for additional
344
information unless the deficiency was caused by a material
345
change introduced by the applicant in the additional information
346
provided to the local government. Before making a third request
347
for additional information, the local government must offer the
348
applicant a meeting to discuss and resolve any outstanding areas
349
of deficiency. If the applicant believes that
a request for
350
additional information is not authorized by
law
, the local
351
government, at the applicant’s request,
must
process the
352
application for approval or denial. If a local government deems
353
an application incomplete
after making three requests for
354
additional information
, the local government
must
process the
355
application for approval or denial.
356
(c) The local government shall approve the development
357
application by right within 20 business days after deeming the
358
application complete and may not impose any further action. Any
359
denial of the application must include written findings
360
supporting the local government’s decision.
361
(d) At any point during the timeframes specified in
362
paragraph (a) or paragraph (b), an applicant may request, and
363
the local government must grant, an extension of time for up to
364
60 business days. However, a local government may not impose an
365
extension of time or require an applicant to request an
366
extension of time.
367
(e)
If a local government fails to:
368
1.
Issue a written notification of completeness or written
369
specification of areas of deficiency within 10 business days
370
after receiving a development application;
371
2.
Issue a written notification of completeness or written
372
specification of areas of deficiency within 5 days after
373
receiving additional information; or
374
3.
Approve an application by right within 20 days after
375
deeming the application complete,
376
377
the application is deemed approved by right, and the local
378
government must issue written notification of approval by the
379
next business day and issue to the applicant a refund equal to
380
100 percent of the application fee.
381
(f)
The timeframes contained in this subsection do not
382
supersede
any other timeframes
provided
in
state law which
are
383
less restrictive
than this subsection
for property owners or
384
development, such as a shorter timeframe for a local government
385
to review documentation or to approve
a
development application.
386
(8)(a)
A property owner or housing organization aggrieved
387
or adversely affected by a regulation imposed by a local
388
government in violation of this section may maintain a cause of
389
action for damages in the county in which the property is
390
located.
As used in this paragraph, the term “housing
391
organization” means a trade or industry group that constructs or
392
manages housing units, a nonprofit organization that provides or
393
advocates for increased access or reduced barriers to housing,
394
or a nonprofit organization that is engaged in public policy
395
research, education, or outreach that includes housing
-
policy
396
related issues.
397
(b)1.
In a proceeding under this subsection, an aggrieved
398
or adversely affected party is entitled to the summary procedure
399
provided in s. 51.011, and the court shall advance the cause on
400
the calendar. The court shall review the evidence de novo and
401
enter written findings of fact based on the preponderance of the
402
evidence that a local government has imposed a regulation in
403
violation of this section.
404
2.
An aggrieved or adversely affected party shall prevail
405
in an action filed under this subsection unless the local
406
government demonstrates to the court by clear and convincing
407
evidence that the regulation is:
408
a.
In furtherance of a compelling governmental interest;
409
and
410
b.
The least restrictive means of furthering the compelling
411
governmental interest.
412
(c)
The court may do any of the following:
413
1.
Enter a declaratory judgment as is provided by chapter
414
86.
415
2.
Issue a writ of mandamus.
416
3.
Issue an injunction to prevent a violation of this
417
section.
418
4.
Remand the matter to the land development regulation
419
commission for action consistent with the judgment.
420
(d)
A prevailing plaintiff is entitled to recover
421
reasonable attorney fees and costs, including reasonable
422
appellate attorney fees and costs.
423
(9)
This section waives sovereign immunity for any local
424
government to the extent liability is created in this section.
425
(10)
This section does not prohibit, limit, or otherwise
426
restrict a condominium association, a homeowners’ association,
427
or a cooperative from adopting or approving governing documents,
428
or a property owner from establishing deed restrictions, if such
429
adoption, approval, or establishment is voluntary and not
430
imposed by a local government. If such adoption, approval, or
431
establishment is imposed by the local government, the governing
432
document or deed restriction, as applicable, is deemed a local
433
government regulation under this section and is void and
434
unenforceable to the extent that it conflicts with this section.
435
(1
1
) This section applies retroactively to any local
436
government regulation that is contrary to this section or its
437
intent. This section is remedial and shall be liberally
438
construed to effectuate its intent. Any local government
439
regulation contrary to this section is void and unenforceable to
440
the extent that it conflicts with this section.
441 Section 4. Present subsection (17) of section 163.514,
442 Florida Statutes, is redesignated as subsection (18), and a new
443 subsection (17) is added to that section, to read:
444 163.514 Powers of neighborhood improvement districts.
445 Unless prohibited by ordinance, the board of any district shall
446 be empowered to:
447
(17)
P
lan, finance, or
complete
structural
safety or
448
building
compliance improvements, including
improvements
449
required under state or local structural
recertification
450
programs, if such improvements are approved by:
451
(a)
A majority vote of the district’s residents; or
452
(b)
An advisory council composed of residents of the
453
district, if such a council has been established by local
454
ordinance pursuant to
s.
163.506
.
455 Section 5. Subsection (6) is added to section 177.071,
456 Florida Statutes, to read:
457 177.071 Administrative approval of plats or replats by
458 designated county or municipal official.—
459
(6) Subsection (3) does not apply to
a plat or a replat
460
under this part for a residential lot as
defined in s.
461
163.3254(3). For such
plats and replats
, the administrative
462
authority shall follow the application procedures established in
463
s. 163.3254(
7
).
464 Section 6. Section 553.382, Florida Statutes, is amended to
465 read:
466 553.382 Placement of certain housing.—Notwithstanding any
467 other law or ordinance to the contrary, in order to expand the
468 availability of affordable housing in this state, any
469 residential manufactured building that is certified under this
470 chapter by the department may be placed on a mobile home lot in
471 a mobile home park
, recreational vehicle park,
or mobile home
472 condominium, cooperative, or subdivision
or on any lot in a
473
recreational vehicle park
. Any such housing unit placed on a
474 mobile home lot is a mobile home for purposes of chapter 723
475 and, therefore, all rights, obligations, and duties under
476 chapter 723 apply, including the specifics of the prospectus.
477 However, a housing unit subject to this section may not be
478 placed on a mobile home lot without the prior written approval
479 of the park owner. Each housing unit subject to this section
480
which is placed on a mobile home lot
shall be taxed as a mobile
481 home under s. 320.08(11) and is subject to payments to the
482 Florida Mobile Home Relocation Fund under s. 723.06116.
483 Section 7. Section 553.385, Florida Statutes, is created to
484 read:
485
553.385
Zoning of off-site constructed residential
486
dwellings; parity
.—
487
(1) As used in this section, the term:
488
(a) “Local government” means a county or municipality.
489
(b) “
Off-site constructed residential dwelling” means a
490
manufactured building as defined in
s.
553.36
which
is intended
491
for single-family residential use
,
or a manufactured home as
492
defined in s. 320.01(2)(b)
,
which is
constructed in whole or
in
493
part off-site
and is
treated as real property.
494
(2)(a)
An off-site constructed residential dwelling must be
495
permitted as of right in any zoning district where single-family
496
detached dwellings are allowed.
497
(b)
A local government may not adopt or enforce any zoning,
498
land
use, or development regulation that treats an off-site
499
constructed residential dwelling differently or more
500
restrictively than a single-family site-built dwelling allowed
501
in the same district.
502
(c) This section does not prohibit
a local government from
503
applying generally applicable architectural, aesthetic, design,
504
setback, height, or bulk standards to off-site constructed
505
residential dwellings, provided such standards apply equally to
506
site-built single-family dwellings permitted in the same
507
district.
A local government may adopt compatibility standards
508
that are
limited to the following architectural features:
509
1.
Roof pitch
.
510
2.
Square footage of livable space
.
511
3.
Type and quality of exterior finishing materials
.
512
4.
Foundation enclosure
.
513
5.
Existence and type of attached structures
.
514
6.
Building s
etback
s
, lot dimension
s
, and
the
orientation
515
of the home on the lot.
516
(d)
A
local government may not treat
off-site constructed
517
residential dwelling
s
differently
than
factory-built building
s
518
subject to s. 553.38 based on the method or location of
519
construction.
520
(3)
A local government may not adopt or enforce any zoning,
521
land
use, or development ordinance or regulation that conflicts
522
with this section or s. 553.38 or that imposes different or more
523
restrictive treatment on an off-site constructed residential
524
dwelling based on its method of construction or the presence of
525
components built off
site.
Local government ordinances and
526
regulations may
not have the effect of excluding off-site
527
constructed residential dwellings and
must
be reasonable and
528
uniformly enforced without any distinction as to the type of
529
housing. Any such
ordinance or regulation
is void and
530
unenforceable as applied to
off-site constructed residential
531
dwellings
.
532 Section 8. This act shall take effect July 1, 2026.