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Florida Senate
-
2026
CS for CS for SB 1342
By
the Appropriations Committee on Transportation, Tourism, and
Economic Development; the Committee on Community Affairs; and
Senator Rouson
606-03018-26 20261342c2
1 A bill to be entitled
2 An act relating to transportation infrastructure land
3 development regulations; amending s. 163.3164, F.S.;
4 revising the definition of the term “transit-oriented
5 development”; creating s. 163.32035, F.S.; creating
6 the “Transit-Oriented Development Act” for a specified
7 purpose; providing a short title; providing
8 legislative findings; defining terms; requiring the
9 governing body of a county or municipality to adopt an
10 ordinance, and the governing body of a special
11 district to adopt a resolution, establishing specified
12 transit-oriented development (TOD) zones by a certain
13 date; requiring that such TOD zones be incorporated
14 into the local government comprehensive plan and land
15 development regulations; requiring the governing body
16 of a county or municipality to adopt ordinances, and
17 the governing body of a special district to adopt
18 resolutions, establishing specified TOD zones for
19 permanent public transit stops that open for public
20 use or receive notices to proceed for construction
21 after a specified date; requiring a local government
22 to zone eligible lots within TOD zones for mixed use;
23 defining the terms “mixed use” and “commercial use”;
24 prohibiting a local government from imposing certain
25 regulations in specified TOD zones; prohibiting the
26 reduction or elimination of TOD zones after
27 establishment; encouraging public transit providers
28 and public agencies to develop land within specified
29 TOD zones; requiring that net proceeds from such
30 development be kept in a specified fund for certain
31 purposes; requiring that certain residential or
32 commercial development comply with certain laws and
33 regulations; providing construction; providing
34 severability; providing an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Subsection (49) of section 163.3164, Florida
39 Statutes, is amended to read:
40 163.3164 Community Planning Act; definitions.—As used in
41 this act:
42 (49) “Transit-oriented development”
or “TOD”
means a
43 project or projects
,
in areas
identified in a local government
44
comprehensive plan,
that
are
is
or will be served by existing or
45 planned transit service. These
designated
areas
must allow
shall
46
be
compact, moderate to high density
or intensity
developments
,
47 of mixed-use character
which
are
, interconnected with other land
48
uses,
bicycle and pedestrian friendly
,
and designed to support
49
or allow the use
frequent transit service operating through
,
50 collectively or separately,
of
any of the following:
51
(a)
A
bus rapid transit service as defined in s.
52
163.32035(3)(d).
53
(b) A commuter rail service as defined in s. 341.301.
54
(c) An intercity rail transportation system as defined in
55
s. 341.301.
56
(d) A fixed-guideway transportation system as defined in s.
57
341.031(2).
58
(e) A streetcar system.
59
(f) A bus system
rail, fixed guideway, streetcar, or bus
60
systems
on dedicated facilities or available roadway
61 connections.
62 Section 2. Section 163.32035, Florida Statutes, is created
63 to read:
64
163.32035
Transit-Oriented Development Act.—The Transit
65
Oriented Development Act is created to
make homeownership,
66
renting, and leasing more affordable for the residents of this
67
state and reduce chronic traffic congestion for the residents of
68
this state, by increasing the supply of housing and allowing
69
more residential and commercial development near transit
70
infrastructure.
71
(1)
This
section
may be cited as the “Transit-Oriented
72
Development Act” or the “TOD Act.”
73
(2) The Legislature finds that:
74
(a)
The median price of homes in this state increased
75
steadily in the decade preceding 2026, rising at a greater rate
76
of increase than the median income in this state.
77
(b)
There is a housing shortage in this state which has
78
caused the costs of homeownership, renting, and leasing to often
79
exceed an amount that is affordable for residents of this state.
80
(c)
There is chronic traffic congestion on roadways in this
81
state which constrains economic activity across this state.
82
(d) Constructing housing near transit infrastructure, such
83
as rail systems and rapid transit systems, will minimize the
84
traffic congestion caused by new residents and maximize state
85
and local government investments in transit infrastructure.
86
(e)
The important public purpose sought to be achieved by
87
allowing an increase in residential and commercial development
88
near transit infrastructure is to increase the supply of housing
89
near transit infrastructure and reduce chronic traffic
90
congestion, which will make
homeownership
,
renting
, and leasing
91
more affordable
for residents of this state,
increase economic
92
activity across this state, and maximize state and local
93
government investments in transit infrastructure.
94
(3) As used in this section, the term:
95
(a)
“Adjacent” means that two lots share
more than one
96
point of a
property line. Lots are not adjacent if separated by
97
a body of water, including manmade lakes or ponds, or by a
98
public easement or other right-of-way, including roads,
99
railroads, or canals.
100
(b) “Adjacent to a single-family home” means adjacent to a
101
lot that is one of at least 25 contiguous residential lots, all
102
of which contain single-family detached homes on the date a
103
development application is submitted.
104
(c) “Building height” means
the number of stories or the
105
number of feet measured above grade or
,
if applicable, above
the
106
base flood elevation established by the Federal Emergency
107
Management Agency
.
108
(d)
“Bus rapid transit service” means a bus service with
109
headways of 15 minutes or less during peak periods
which
110
operates in business
access
and
transit lanes or in a right-of
111
way or lanes dedicated for public transit.
If a bus service
112
meets the criteria of this paragraph for one or more parts, but
113
not all, of its route, the term
includes only
the parts of the
114
route
which
meet
the
criteria.
As used in
this paragraph,
the
115
term “dedicated for public transit” means dedicated for at least
116
4
hours per business day. The term “business day” means all
117
calendar days except Saturdays, Sundays, and holidays under s.
118
110.117(1).
119
(e)
“By right” means administrative approv
al by a local
120
government of
a development application
that
objectively
121
complies with applicable zoning regulations
and for which
the
122
local government may not impose a public hearing; any action by
123
a governing body, reviewing body, or quasi-judicial body; a
124
variance; a conditional use permit, special permit, or special
125
exception; or any other discretionary regulation.
126
(f) “Comprehensive plan” has the same meaning as in s.
127
163.3164.
128
(g)
“Development” has the same meaning as in s. 380.04(1)
129
and includes the division of a parent parcel into two lots.
130
(h)
“Development application” means an application for
131
approval of
any of the following
:
132
1.
A lot split or subdivision
.
133
2.
A plat or replat
.
134
3.
A development bonus for additional height, density, or
135
floor area ratio
.
136
4.
The demolition of an existing structure, if the
137
demolition objectively complies with
applicable
regulations
.
138
5.
Any other development
order or development
permit
as
139
those terms are
defined in s. 163.3164, except for building
140
permits.
141
(i) “Eligible lot” means a lot that is:
142
1. Zoned for residential, commercial, industrial, or mixed
143
use; or
144
2. Partly or wholly located within a flexibly zoned area
145
where development is permitted for a use thereof
.
146
147
The term does not include
a
lot that is located within an area
148
of critical state concern designated pursuant to s. 380.05
or a
149
lot that contains a structure or building that is individually
150
listed in the National Register of Historic Places or that is a
151
contributing structure or building within a historic district
152
which was listed in the National Register of Historic Places
153
before January 1, 2000.
154
(j) “Impose” means
request
or
adopt,
enact,
establish,
155
maintain,
enforce, mandate, compel, force, or otherwise require.
156
(k) “Land development regulation” has the same meaning as
157
in s. 163.3164.
158
(l) “Local government” means a county, municipality, or
159
special district.
160
(m)
“Lot” means a parcel, tract, tier, block, site, unit,
161
or any other division of land.
162
(n) “Objectively” means in a way that involves
no personal
163
or subjective
judgment by a public official and
that is
164
uniformly verifiable by
reference to an external and uniform
165
benchmark or criterion available and knowable by both
the local
166
government and t
he development applicant, development proponent,
167
or
property owner
, as applicable
.
168
(o) “Parent parcel” means the original lot from which
169
subsequent lots are created.
170
(p) “Permanent public transit stop” means a stop or station
171
for passenger use of a bus rapid transit service, a commuter
172
rail service as defined in s. 341.301, an intercity rail
173
transportation system as defined in s. 341.301, a fixed-guideway
174
transportation system as defined in s. 341.031(2), or a
175
streetcar system. The term does not include any of the
176
following:
177
1. A stop or station for a
people-mover system in a public
178
use airport as defined
in
s. 332.004
.
179
2. A stop or station that is used exclusively for a freight
180
rail service as defined in s. 343.545(1).
181
3. A stop or station
in a rural community as defined in s.
182
288.0656
(2) for
an intercity rail transportation system
.
183
(q) “Regulation” means
a
ny of the following:
184
1. A comprehensive plan, development order,
land
185
development regulation
, development agreement, or land
186
development code.
For purposes of this subparagraph, the term
187
“development order” has the same meaning as in s. 163.3164.
188
2. An
ordinance,
a
resolution,
a
policy,
an
action,
a
189
procedure, or
a
condition that governs development or land use
.
190
For purposes of this subparagraph, the term “land use” has the
191
same meaning as in s. 163.3164.
192
(r) “Tier 1 TOD zone” means
the area of all
eligible
lots
193
partly or wholly within a
one-quarter
mile radius of a permanent
194
public transit stop.
195
(s) “Tier 2 TOD zone”
means the area of all
eligible
lots
196
partly or wholly within a
one-quarter
mile to
one-half
mile
197
radius of a permanent public transit stop
,
excluding any
198
eligible
lot within a
T
ier 1 TOD zone
.
199
(t)
“Transit-oriented development” or “TOD” has the same
200
meaning as in s. 163.3164.
201
(4)(a)1.
By December 1, 2026, the governing body of each
202
county or municipality shall adopt an ordinance, and the
203
governing body of each special district shall adopt a
204
resolution, establishing Tier 1 TOD zones and Tier 2 TOD zones
205
for each permanent public transit stop that was open for public
206
use within the local government’s jurisdiction during at least
207
one day between January 1, 2026
,
and July 1, 2026
,
or
that
208
received a notice to proceed for construction within the local
209
government’s jurisdiction before July 1, 2026. By December 1,
210
2026, the local government shall incorporate TOD zones into its
211
comprehensive plan, notwithstanding s. 163.3184, land
212
development regulations,
and
any
other applicable regulatio
ns.
213
2.
After December 1, 2026, the governing body of each
214
county or municipality shall adopt an ordinance, and the
215
governing body of each special district shall adopt a
216
resolution, establishing Tier 1 TOD zones and Tier 2 TOD zones
217
for each permanent public transit stop that opens for public use
218
within the local government’s jurisdiction after July 1, 2026,
219
or that receives a notice to proceed for construction within the
220
local government’s jurisdiction after July 1, 2026. The local
221
government shall establish such TOD zones within 6 months after
222
the permanent public transit stop opens for public use or
223
receives a notice to proceed for construction, whichever occurs
224
first.
225
(b)1.
In addition to other existing and lawful uses, the
226
local government shall zone all eligible lots located within a
227
Tier 1 TOD zone or a Tier 2 TOD zone for
mixed use
. For purposes
228
of this subparagraph, the term “mixed use” means
that
single
229
family and multifamily
residential
use
, commercial
use
, and a
230
combination thereof are allowable uses
by right, and the term
231
“
c
ommercial use” means activities associated with the sale,
232
rental, or distribution of products or the performance of
233
services related thereto
, including
, but not limited to, retail
234
sales and services; wholesale sales; rentals of equipment,
235
goods, or products; offices; restaurants
;
hotels as described in
236
s. 509.242(1)(a); food service vendors; sports arenas; theaters;
237
tourist attractions; and other for-profit business activities.
238
The term
“commercial use”
does not include
:
239
a. H
ome-based businesses or cottage food operations
240
undertaken on residential property, vacation rentals as
241
described in s. 509.242(1)(c), or uses that are accessory,
242
ancillary, incidental to the allowable uses, or allowed only on
243
a temporary basis
; or
244
b. F
arms
or
farm operations as those terms are defined in
245
s. 823.14(3)
or
uses associated therewith, including the
246
packaging and sale of products raised on the premises.
247
2.
In Tier 1 TOD zones, a local government may not impose
248
regulations that require any of the following:
249
a.
A maximum building height of less than 8 stories or 85
250
feet, or less than 4 stories or 45 feet for eligible lots
251
adjacent to a single-family home.
252
b.
A maximum floor area ratio for residential use of less
253
than 6.0, or less than 3.0 for eligible lots adjacent to a
254
single-family home.
255
c.
A maximum floor area ratio for commercial use of less
256
than 3.0, or less than 2.0 for eligible lots adjacent to a
257
single-family home.
258
d.
Any minimum setback requirement for the side, front, and
259
rear property lines.
260
e.
A requirement that greater than 10 percent of the lot
261
area be reserved for open space or permeable surface.
262
f.
A required minimum number of parking spaces.
263
264
The
maximum
building heights and floor area ratio
s
specified in
265
this subparagraph are doubled for a
ny
eligible
lot
located
266
partly or wholly within a county with a population
that exceeds
267
800,000
,
calculated according to the most recent decennial
268
United States Census, or partly or wholly within a municipality
269
that is in such a county
.
270
3.
In Tier 2 TOD zones, a local government may not impose
271
regulations that require any of the following:
272
a.
A maximum building height of less than 4 stories or 45
273
feet, or less than 3 stories or 35 feet for eligible lots
274
adjacent to a single-family home.
275
b.
A maximum floor area ratio for residential use of less
276
than 3.0, or less than 2.0 for eligible lots adjacent to a
277
single-family home.
278
c.
A maximum floor area ratio for commercial use of less
279
than 3.0, or less than 2.0 for eligible lots adjacent to a
280
single-family home.
281
d.
Any minimum setback requirement for the side, front,
or
282
rear property lines
.
283
e.
A requirement that greater than 20 percent of the lot
284
area be reserved for open space or permeable surface.
285
f.
A required minimum number of parking spaces.
286
287
The maximum building heights and floor area ratios specified in
288
this subparagraph are doubled for any
eligible
lot located
289
partly or wholly within a county with a population that exceeds
290
800,000
,
calculated according to the most recent decennial
291
United States Census, or partly or wholly within a municipality
292
that is in such a county
.
293
4.
For an eligible lot within a Tier 1 TOD zone or Tier 2
294
TOD zone, a local government may not impose any of the
295
following:
296
a.
Any limitation, restriction, or prohibition on single
297
family or multifamily dwellings.
298
b.
A maximum density, including, but not limited to, a
299
maximum number of dwelling units per lot or per acre.
300
c.
A minimum size for dwellings or dwelling units greater
301
than that required by the Florida Building Code.
302
(c)
A TOD zone established pursuant to this subsection may
303
not be reduced or eliminated thereafter, including for the
304
closure of a permanent public transit stop after the TOD zone is
305
established.
306
(5)
A public transit provider as defined in s. 341.031(1)
307
is encouraged to develop land within Tier 1 and Tier 2 TOD zones
308
in accordance with this section. Any net proceeds from such
309
development shall be kept in the public transit agency’s fund
310
for operations, maintenance, and capital improvements. Public
311
agencies, such as the Department of Transportation and local
312
governments, are also encouraged to develop the land within Tier
313
1 and Tier 2 TOD zones in accordance with this section and to
314
transfer a portion of the net proceeds to the public transit
315
agency’s fund for operations, maintenance, and capital
316
improvements.
317
(
6
) Except as otherwise provided in this section,
318
residential or commercial development authorized within a TOD
319
zone under this section must comply with all applicable state
320
and local laws and regulations. This section does not preempt or
321
replace any protection currently existing for a property located
322
within the boundaries of any of the following areas:
323
(a) The Wekiva Study Area, as described in s. 369.316.
324
(b) The Everglades Protection Area, as defined in s.
325
373.4592(2).
326
(c) The Florida wildlife corridor, as defined in s.
327
259.1055(4).
328
(d) A military installation or range identified in s.
329
163.3175(2).
330
(e) An area with environmentally sensitive lands designated
331
in the local government’s comprehensive plan
.
332
(7)
If any provision of this section or
its
application to
333
any person or circumstance is held invalid, the invalidity does
334
not affect
any
other provisions or applications of this section
335
which
can be given effect without the invalid provision or
336
application, and to this end the provisions of this section are
337
severable
.
338 Section 3. This act shall take effect July 1, 2026.