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ENROLLED
2026
Legislature
CS for CS for SB 1434
20261434er
1
2 An act relating to infill redevelopment; creating s.
3 163.2525, F.S.; providing a short title; providing
4 legislative findings; defining terms; providing
5 applicability; requiring that a local government
6 permit qualifying parcels to be developed with
7 residential uses; limiting the density of certain
8 development for a specified purpose; requiring that
9 the intensity of certain development comply with
10 certain standards; requiring a local government to
11 administratively approve an application for the
12 subdivision of a qualifying parcel under certain
13 circumstances; prohibiting a local government from
14 using the subdivision process to restrict development
15 in a certain manner; requiring developers of
16 qualifying parcels to maintain a specified buffer
17 between new developments and single-family homes and
18 townhouses under certain circumstances; providing
19 requirements for such buffer areas; providing
20 construction; requiring developers of qualifying
21 parcels to establish that certain recreational
22 facilities and areas reserved for recreational use
23 have not been in operation or use for a certain
24 timeframe; requiring developers of such parcels to pay
25 double the parks and recreation facilities impact fees
26 for a certain purpose and provide certain written
27 notice to property owners; providing requirements for
28 the written notice; requiring property owners who
29 receive such written notice and wish to exercise an
30 option to purchase certain parcels or portions thereof
31 to meet specified requirements within a specified
32 timeframe or forfeit the option; limiting the price at
33 which such parcels or portions of parcels may be
34 offered to the property owners for purchase; requiring
35 the administrative approval of certain proposed
36 developments; authorizing a local government to
37 administratively require compliance with architectural
38 design regulations under certain circumstances;
39 requiring a developer to establish consistency with
40 applicable concurrency requirements; requiring each
41 local government to maintain a certain policy on its
42 website; providing applicability; prohibiting a local
43 government from adopting or enforcing certain local
44 laws, ordinances, or regulations; requiring liberal
45 construction of certain provisions; providing a
46 directive to the Division of Law Revision; providing
47 an effective date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Section 163.2525, Florida Statutes, is created
52 to read:
53
163.2525
Infill Redevelopment Act
.—
54
(1) SHORT TITLE.—This section may be cited as the “Infill
55
Redevelopment Act.”
56
(2) LEGISLATIVE FINDINGS.—The Legislature finds that
th
is
57
state’s urban areas lack sufficient land for the development of
58
additional residential uses, which has led to a shortage of
59
supply;
that parcels
of land within or near urban areas are
60
difficult to develop or redevelop because of environmental
61
issues and local regulations; and
that
facilitating the
62
expedited permitting of
such
parcels, particularly in areas
in
63
which
multiple local governments
have
jurisdiction
,
serves
64
important public interests in remediating environmentally
65
challenged land and increasing the supply of housing
.
66
(3) DEFINITIONS.—As used in this section, the term:
67
(a) “Adjacent to” means
located next to another parcel
of
68
land
or portion thereof, including where the parcels are
69
separated only by a roadway, railroad, or other public or
70
private right-of-way or easement
.
71
(b) “Density” has the same meaning as in s. 163.3164.
72
(c) “Designated agricultural land” means
a parcel
of land
73
within a zoning district that allows for agricultural uses such
74
as farming, raising livestock, or aquaculture as the main
75
permitted uses
and
which
land
is classified as agricultural land
76
under s. 193.461.
77
(d) “
Environmentally impacted land” means
a
parcel
of land:
78
1. Upon any portion of which a
contaminant or pollutant
has
79
been detected
above the applicable local, state, or federal
80
residential cleanup target levels from Phase II environmental
81
site assessment activities
; or
82
2. Any portion of which i
s located in a
b
rownfield area
83
designated pursuant to s. 376.80.
84
(e)
“Local government” means a county, municipality,
85
special district, or political subdivision of the state.
86
(f) “Parcel of land” has the same meaning as in s.
87
163.3164.
88
(g) “Qualifying parcel” means a parcel of land to which
89
this section applies under subsection (4).
90
(h)
“Recreational facilities” means one or more parcels
of
91
land
any
portion of which
was
previously used as a golf course,
92
tennis court, swimming pool,
or
clubhouse, or
another
similar
93
use.
94
(i)
“Townhouse” means a single-family dwelling unit that is
95
constructed in a series or group of attached units with property
96
lines separating such units.
97
(j)
“
Urban growth boundary” means a boundary established by
98
a comprehensive plan or land development regulation
beyond
which
99
the provision of urban services or facilities
is limited
.
The
100
term includes, but is not limited to,
urban development
101
boundar
ies
and urban service boundar
ies.
102
(4) QUALIFYING PARCELS.—
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(a) Except as provided in paragraph (b), this section
104
applies to environmentally impacted land consisting of at least
105
5 acres
adjacent to a parcel of land within the same
106
jurisdiction
which
is zoned for residential uses as of right and
107
which
is
within a county that meets both of the following
108
requirements:
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1. The county has a population of more than 1.475 million
110
people according to the most recent decennial census.
111
2. There are at least 15 municipalities within the county.
112
(b) This section does not apply to any of the following:
113
1. Designated agricultural land.
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2. Land owned or operated by a local government for public
115
park purposes.
116
3. Land outside an urban growth boundary.
117
4. Land within one-quarter mile of a military installation
118
identified in s. 163.3175(2).
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5. Land that is owned, or that was owned at any time within
120
the 15 years preceding the effective date of this act, by a
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public utility as defined in s. 366.02.
122
(5) DEVELOPMENT REGULATIONS.—
Notwithstanding any local law,
123
ordinance, or regulation
, a
local government shall permit a
124
qualifying parcel to be developed
with residential uses. To
125
ensure compatibility with the character of the local community,
126
the
density of development authorized under this section
may
not
127
exceed the average density of all zoning districts within the
128
same jurisdiction
which
are applicable to parcels adjacent to
129
the qualifying parcel and
which
allow
residential uses as of
130
right
or 25 dwelling units per acre, whichever is lower. The
131
intensity of development must comply with the standards
132
applicable to any parcel adjacent to the qualifying parcel.
133
(6) SUBDIVISION APPROVAL.—
A local government must
134
administratively
approve an application for the subdivision of a
135
qualifying parcel
if the application satisfies the requirements
136
of
c
hapter 177. A local government may not use the subdivision
137
process to restrict development below the density and intensity
138
authorized under
subsection (5).
139
(7) BUFFER FROM RESIDENTIAL USES.—
If a qualifying parcel is
140
adjacent to single-family homes
or townhouses
on all sides, the
141
developer must provide a buffer of at least
2
0 feet
between
the
142
new development and the single-family homes
or
townho
uses.
The
143
buffer area must be
measured from lot line to lot line and
must
144
be
maintained as open space or improved with passive
145
recreational facilities accessible to the community.
For
146
purposes of this subsection, swales and water retention areas
147
are considered open space.
148
(8) RECREATIONAL FACILITIES.—
149
(a) If
a qualifying parcel includes recreational facilities
150
or
areas reserved for
recreational
use and such recreational
151
facilities or
areas
are adjacent to single-family homes on all
152
sides
, the developer must
do all of the following:
153
1. E
stablish that such facilities or areas, or portions
154
thereof
,
located on the
qualifying parcel
have not been in
155
operation or in use for a period of at least 12 consecutive
156
months.
157
2. P
ay double the applicable parks or recreational
158
facilities impact fee that would otherwise apply to the proposed
159
development
,
to compensate for the loss of open or recreational
160
space.
161
3. Provide written notice delivered by certified mail to
162
all owners of property adjacent to the recreational facilities
163
or areas, which notice includes all of the following
164
information:
165
a. That the developer intends to develop the parcel in
166
accordance with this section.
167
b. That the adjacent property owners may elect to purchase
168
the parcel or portion thereof containing recreational facilities
169
or areas for the purpose of maintaining the parcel, or portions
170
thereof, as recreational areas or open space within 90 days
171
after the date the notice is mailed.
172
c. The price at which the adjacent property owners may
173
purchase the property.
174
(b) Property owners who
receive the notice required under
175
subparagraph (a)3.
and wish to exercise the option to purchase
176
the parcel or portion thereof containing the recreational
177
facilities or areas must exercise the option
and close on the
178
property,
and accept a deed restriction or record a restrictive
179
covenant
requiring the property to be maintained as a
180
recreational area or open space for at least 30 years
, within 90
181
days after the notice is mailed or forfeit the option. The
182
parcel or portion thereof must be offered to such property
183
owners for purchase at a price that may not exceed the greater
184
of:
185
1.
An amount equal to the price paid by the property owner
186
plus 10 percent; or
187
2.
An amount equal to a bona fide offer to purchase the
188
property received by the property owner within the last 12
189
months.
190
(9) DEVELOPMENT APPLICATIONS.—The proposed
development
of a
191
qualifying parcel
which complies with the requirements of this
192
section
must be administratively approved, and no further action
193
by the governing body of a local government is required
.
194
However, a
local government may administratively require a
195
proposed development to comply with local regulations relating
196
to architectural design
if
review by a board
is not
required and
197
if
such
regulations
would apply
, and are generally applicable,
198
to
comparable residential development within the jurisdiction
199
and do not limit the density or intensity of development
below
200
that authorized by
this section.
A developer must
establish
201
consistency with applicable concurrency requirements at such
202
time as local regulations would require for a comparable
203
residential development within its jurisdiction.
Each local
204
government shall maintain on its website a policy containing
205
procedures and expectations for administrative approval
under
206
this
subsection.
207
(10) APPLICATION, PREEMPTION, AND CONSTRUCTION.—
This
208
section applies
to development applications submitted pursuant
209
to this section on or after the effective date of this act
.
A
210
local government may not adopt or enforce a local law,
an
211
ordinance, or
a
regulation that
restrict
s
, prohibit
s
, or
212
otherwise limit
s
the
development of a qualifying parcel in
213
accordance with this section
.
This section shall be liberally
214
construed to effectuate its intent.
215 Section 2.
The Division of Law Revision is directed to
216
replace the phrase “the effective date of this act” wherever it
217
occurs in this act with the date this act becomes a law.
218 Section 3. This act shall take effect upon becoming a law.