Legislative Review No. 1 | July 29 Slides

Deep Dive Into the Key Bills, What Didn't Pass, and What's Next

July 29, 2025

Today’s Speakers

Edward Ng, AICP

APA Florida President-Elect

Zackery Good, Esq. TGLaw,PLLC

David Cruz, Esq. FloridaLeague of Cities

Anna Grace DePaolo, Esq. MetzHusband &Daughton,PA

 The 2025 Florida Legislative Session ran from March 4 – June 16.

 A total of 1,982 bills of all types were filed during the regular session prior to its extension, with only 234 bills finally being passed by both chambers.

 This year’s budget represents a $3.8 billion reduction from the previous year and reduces the size of state government by nearly 2,000 positions.

 APA Florida tracked 237 planning-related bills.

Legislation That Didn’t Quite Make it to the Finish Line

 Adaptive Reuse of Land (SB 1572, HB 409)

 Adoption of Comprehensive Plan Amendments (HB 1561)

 Areas of Critical State Concern (SB 1326, HB 995)

 Building and Plumbing Permits for the Use of Onsite Sewage Treatment and Disposal Systems (SB 1120)

 Building Permits for a Single-family Dwellings (SB 1128, HB 1035)

 Community Associations (SB 368)

 Conversion of Hotels into Residential Housing (SB 1036, HB 685)

 Education (SB 140, HB 123)

 Florida Building Code (SB 838)

 Historic Cemeteries Program (SB 310)

 Housing (SB 184, HB 247)

 Impact Fees (SB 482, HB 665)

 Land Use and Development Regulations (SB 1118, HB 1209)

 Land Use and Zoning (SB 634, HB 401)

 Local Business Taxes (SB 1196, HB 503)

 Local Governing Authorities (SB 1188, HB 569)

 Local Government Code Enforcement (SB 1104, HB 281)

 Local Option Taxes (SB 1664, SB 1114, HB 6031, HB 1221)

 Nature-based Methods for Improving Coastal Resilience (SB 50, HB 371)

 Powers of County Commissioners to Levy Special Assessments (SB 432)

 Property Owner Liability (SB 724, HB 599)

 Rapid Rail Compact (SB 966, HB 833)

 Regional Planning and Economic Development (SB 1264, HB 1125)

 Resilience Districts (SB 1316)

 Resilient Buildings (SB 62, HB 143)

 Restrictions on Redevelopment (SB 452)

 Solar Facilities (SB 1304, HB 1595)

 Special Districts (SB 986, HB 973)

 State Preemption of the Regulation of Hoisting Equipment (SB 346, HB 6009)

 Transportation Concurrency (SB 1074, SB 1738, HB 203)

 Water Management Districts (SB 7002, HB 1169)

Great Victories for the Protection of Florida’s Natural Resources

HB 209 - State Land Management. Effective date is July 1, 2025.

 The bill creates the State Park Preservation Act.

 Requires the Division of State Lands, when developing or updating land management plans, to hold at least one public hearing in any one affected county. Additionally, an electronic copy of each land management plan for parcels that exceed 160 acres in size and for parcels located within a state park must be made available to the public at least 30 days before the required public hearing.

 Require that state parks or preserves be managed in a manner that provides the greatest combination of benefits to the public and the land’s natural resources. Additionally, the bill requires state parks or preserves to be managed for:

 conservation-based recreational uses and associated facilities

 “conservation-based recreational uses” means public outdoor recreational activities that do not significantly invade, degrade, or displace the natural resources, native habitats, or archaeological or historical sites that are preserved within state parks; and

 includes but is not limited to, fishing, camping, bicycling, hiking, nature study, swimming, boating, canoeing, horseback riding, diving, birding, sailing, jogging.

 public access and related amenities, including roads, parking areas, walkways, and visitor centers;

 Florida heritage and wildlife viewing, including preservation of historical structures and activities such as glass bottom boat tours; and

 scientific research, including archeology.

HB 1143 -

Permits for Drilling, Exploration, and Extraction of Oil and Gas

Resources. Effective July 1, 2025. Prohibits the drilling, exploration or production of oil, gas, or other petroleum products within 10 miles of a national estuarine research reserve in counties designated as rural areas of opportunity and requires the Department of Environmental Protection to apply a balancing test when considering a permit for oil or gas activities in areas within one mile inland of the coast or other bodies of water.

Budget Recap

 Governor DeSantis signed FY 2025-2026 budget on June 30, 2025.

 Budget Total: $117.4 billion ($117.9 billion passed by the Legislature).

 Line-item Vetoes: $567 million in projects

 Also vetoed $750 million for the budget reserve account and a plan to divert $200 million away from the Florida Wildlife Corridor.

 $15.7 billion in reserves.

 $830 million to fund FL’s accelerated debt repayment.

 Signed $1.29 billion tax relief package.

Florida Budget 2025-2026

Environment and Agriculture

Florida Budget 2025-2026

Implementing Bill: OPB DOGE

 Section 124 authorizes the Governor’s Office of Policy and Budget (OPB) to initiate a broad oversight review of local governments.

 OPB “may” review any local governmental entity or authority.

 Review may include functions, procedures, expenditures, and policies.

 OPB reviewing to identify DEI initiatives inconsistent with state law, overspending, waste, fraud, or abuse, or duplicative functions.

 OPB can access personnel, physical premise, and data systems.

 $1,000 fine per day for failure to comply.

 Report due to Governor, CFO, and Legislature by Jan. 13, 2026.

SB 180 – Emergencies

What the Law Does:

Local governments must now ensure that their emergency declarations and orders do not conflict with state emergency management actions or directives. If a local order is found to be inconsistent with a state emergency declaration, it is subject to being nullified by the state. Local emergency declarations must meet stricter procedural and documentation requirements, including justification standards and notification timelines. Local governments must provide the state with additional information and justification related to emergency measures, including impacts on development. SB 180 also requires contracts and expenditures made under emergency declarations to be posted online and reported to the Legislature. SB 180 further establishes timelines and requirements for reports on emergency-related spending, assets, and reimbursements.

SB 180 revises hurricane shelter funding priorities to target non-school public buildings in shelter-deficit regions. The legislation further requires special needs registration information to be shared by state agencies and housing providers and allows caregivers and dependents to stay together in special needs shelters.

SB 180 – Emergencies

What the Law Does continued:

SB 180 prohibits counties and municipalities impacted by a hurricane (within 100 miles of storm track) from enacting moratoria on construction, redevelopment, or more restrictive land use amendments for 1 year postlandfall. Counties and municipalities affected by Hurricanes Debby (DR-4806), Helene (DR-4828), or Milton (DR4834) are prohibited from imposing moratoria for properties damaged by these storms or adopting more restrictive land use regulations or permitting procedures until October 1, 2027. Any such actions are retroactively void as of August 1, 2024. Legal challenges can be filed to block such actions, with expedited court review and attorney’s fees for prevailing parties.

Local governments participating in the National Flood Insurance Program cannot enforce rules that count cumulative repairs or improvements over time toward substantial improvement thresholds.

Local governments and districts cannot impose impact fees on replacement structures unless the new structure significantly increases demand on public facilities.

SB 180 – Emergencies

What the Law Does

continued:

Local governments may no longer rely on emergency powers to justify temporary land use restrictions, such as development moratoria, without facing state oversight or override. Development moratoria tied to emergency declarations (e.g., infrastructure strain, storm recovery) may be invalidated if they conflict with statewide emergency directives. Further, local governments imposing moratoria or halting development may face legal challenges from developers or property owners asserting preemption under SB 180.

SB 180 – Implications for Local Governments

 Limits local regulatory power post-disaster, even for safety or planning concerns.

 May force acceptance of redevelopment plans inconsistent with local recovery or resiliency goals.

 Reduces ability to pause development while infrastructure or environmental impacts are assessed.

 Could create conflict with local zoning or hazard mitigation plans.

SB 180 – Administrative & Planning Toolbox

General:

 Develop protocols for expedited permitting and fee waiver systems based on current and projected needs.

 Planners should work with the City Manager's Office and Public Information Officers on the posting of Emergency information, including recovery guides.

 Coordinate on flood information.

Section 18 and Section 28:

 “More restrictive or burdensome” is the key here

 Is a rule defining something already in place or a clarification, and not really a brand new rule?

 Review prior legislation for “higher order”/“higher level” functions and rules.

 Review the record of Variances and determine if rule changes would have “cured” their issues.

 Put aside a file folder with all Development Orders and Amendments since August 1, 2024, and review as needed.

 Use distinctions between different approval processes; e.g., Building approvals rooted in the Florida Building Code are separate from Zoning and planning-level approvals in the land development regulations.

 In cases where the LDR/LDC is the only amended portion, consider consistency and “root” bases in Comprehensive Plan, and when the Comprehensive Plan rule was passed:

 Does a repeal of the LDR/LDC regulation render the code less or completely inconsistent with certain Comprehensive Plan rules?

 Were those rules passed before August 1, 2024?

 Remember that the Comprehensive Plan takes precedence.

SB 180 – Administrative & Planning Toolbox

Section 18 and Section 28

continued:

 May propose new ordinances – SB 180 does not prevent this.

 Consider carrots vs. sticks. Incentive and bonus programs, along with TDRs for conservation, are opt-in systems and are not more burdensome processes.

 Consider words like “define” and “clarify” in your thought process for the development of new ordinances.

 Consider if it makes sense to clarify something if it is originally open-ended. If you have already changed the rules, consider the reverse of the argument – clarifying an open-ended rule may seem restrictive, but may actually be less restrictive if you are narrowing the scope.

 Remember that zoning in progress and moratoriums are different processes. ZIPs may cause some folks to wait and see if the rules are better for them.

 Consider case-by-case relief mechanisms

 Consider laying out the appeals process. Is the situation "ripe"?

 Structure your staff report reasoning accordingly on higher level rules whenever possible.

 Consider the timeframe for repeal (14 days) vs. Public Noticing requirements for Commission/Council. Challenges must be internally considered and decided upon quickly on whether you will repeal or hold your ground. Consider decisions within 1-2 day timeframes.

 In future events, expedite before landfall.

 Sometimes it’s just a matter of explaining to the aggrieved.

SB 1730 – Affordable Housing

Live Local Act Update

Background:

 The Live Local Act passed in 2023 to accelerate workforce housing near jobs and transit.

 Preempted local zoning for multifamily on commercial/industrial parcels.

 Provided property and sales tax exemptions if units rented to households at or below 120% AMI.

 2024 amendments clarified administrative review and density/height standards.

 2025 SB 1730 represents third round of amendments to further define and refine scope.

SB 1730 – Affordable Housing

LLA Projects to Date: According to the Florida Housing Coalition, as of March 2025, ~31,691 proposed units via land use provisions.

 106 proposed multifamily and mixed-use developments – 80% on commercial parcels.

 Jurisdictions with most proposals:

 Miami (29)

 Miami-Dade (13)

 Miami Beach (10)

 Hillsborough County (7 proposals)

 Fort Lauderdale (5 proposals)

 Cape Coral, Orlando, Osceola (3 proposals each)

 Only 1 project has broken ground:

 Beacon Hill at Princeton, Miami-Dade (June 6).

SB 1730 – Affordable Housing

Impetus for SB 1730:

 What does the phrase “area zoned for commercial, industrial, or mixed use” refer to?

 Informal 2023 AGO to Dania Beach

 Informal 2024 AGO to Rep. Lopez re Orlando MXD-2

 Does the LLA apply to Planned Unit Developments (PUDs)?

 Does the LLA apply to golf courses?

 Can local governments enforce a building moratorium to LLA projects?

SB 1730 – Affordable Housing

What the Law Does: Defines where a Live Local Act (LLA) Project MAY be located: YIGBY (Yes In God’s Backyard):

 Authorizes—but does not require—a city or county to approve an affordable housing project on any parcel (including contiguous parcels) owned by a religious institution that includes a house of worship, regardless of underlying zoning.

 At least 10% of units must be affordable.

Flexibly-Zoned Areas:

LLA projects may be located in portions of flexibly-zoned areas permitted for commercial, industrial, or mixed-use. Local governments may not require:

 A density transfer,

 An amendment to a development of regional impact (DRI), or

 More than 10% nonresidential square footage in a mixed-use residential project.

Effective Date: July 1, 2025

SB 1730 – Affordable Housing

PUDs (Planned Unit Developments):

Defined as areas planned and developed as a single entity or in stages, with subdivision/zoning rules applied to the overall development—not individual lots.

Commercial Use:

➤ Must be zoned by right (no variance or waiver).

➤ Must involve sale, rental, or service-related commercial activity (e.g., retail, restaurant, office, hotel 25+ rooms, entertainment

Does NOT include: home-based businesses, vacation rentals, or recreational uses (e.g., golf, tennis, pool, clubhouse).

Industrial Use:

➤ Includes manufacturing, assembly, processing, or storage of goods (e.g., boat/auto repair, meat packing, utilities, landfills).

Mixed-Use:

➤ Combines two or more of: residential, commercial, industrial.

Excludes: accessory, temporary, incidental, or recreational uses.

Adjacent Parcels:

➤ If the local government agrees, adjacent parcels that don’t qualify independently may be included in the LLA project.

Effective Date: July 1, 2025

SB 1730 – Affordable Housing

What the Law Does: Defines where a Live Local Act (LLA) Project MAY NOT be located: Current Law:

 Airport-impacted areas (FS 333.03)

 Recreational/commercial working waterfront zoned industrial

SB 1730:

 Wekiva Study Area

 Everglades Protection Area

 Golf courses, pools, tennis courts, and other recreational areas are not considered a commercial use.

SB 1730 – Affordable Housing

Parking:

 Parking Reduction (on request of applicant)

 Must reduce required parking by 15% if:

 Near a transit stop and accessible; or

 Within ½ mile of a defined major transportation hub safely accessible to pedestrians; or

 Development has parking available within 600 feet.

SB 1730 – Affordable Housing

Moratoria Moratoria on Live Local Projects:

 Local governments may not enforce any building moratorium that delays permitting or construction of a LLA project.

 Must pay prevailing party attorneys’ fees and costs if this restriction is violated.

Exceptions – Allowed Moratoria:

 Ordinance-based moratorium for up to 90 days in any 3-year period, if:

 An assessment of affordable housing need and 5-year projection is prepared.

 Assessment is posted online, presented at the adoption hearing, and included in the business impact estimate.

Moratoria related to:

 Stormwater or flood management.

 Supply of potable water.

 Repair of sanitary sewer systems.

 (Only if applied equally to all multifamily or mixed-use residential projects).

SB 1730 – Affordable Housing

Historic Buildings

Applies to parcels that:

 Include a contributing structure within a historic district listed in the National Register of Historic Places before January 2000, or

 Include a structure individually listed in the National Register

Local government may restrict building height to the greater of:

 The highest height allowed (as of July 1, 2023, or currently) for a commercial or residential building within ¾ mile, or

 Three stories

 Note: "Highest currently allowed" means the maximum height permitted in any zoning district, regardless of conditions.

Demolition:

 Must be administratively approved if it complies with applicable state and local regulations

Architectural design:

 Local government may require compliance with design standards, but only if they do not impact height, floor area ratio, or density

SB 1730 – Implications for Local Governments

Administrative Approvals, Fees, and Anti-Discrimination

Administrative Approval Required

 If a project meets Live Local Act (LLA) criteria, it must be approved administratively.

 Prohibits action by any quasi-judicial or administrative board or reviewing body (including planning and zoning boards).

Attorney Fees – Civil Actions under LLA

 Court must prioritize and expedite cases involving alleged violations of the LLA.

 Court must award reasonable attorney fees and costs to the prevailing party:

 Fee award capped at $250,000.

 No "fees on fees" allowed (e.g., no additional award for litigating the fee amount).

New Cause of Action – Land Use Discrimination

 Unlawful to discriminate in land use decisions or permitting based on:

 Race, color, national origin, sex, disability, familial status, religion.

 Source of financing of a development.

 Nature of the development as affordable housing.

 Codified in s.760.26.

SB 1730 – Implications for Local Governments

General Best Practices for Zoning & Housing Implementation

GIS & Zoning Data Management

 Maintain separate folders for GIS files and current zoning regulations.

 Structure GIS to capture zoning, height, FAR, lot coverage, and density citywide as of July 1, 2023.

 Include columns noting any increases in height/density since that date.

 Identify all single-family residential districts and any areas with 25+ contiguous single-family homes.

 Maintain historic district files (pre-2000 districts) with contributing structures and National Register sites.

YIGBY Mapping (Houses of Worship)

 Create a GIS or Excel database of worship sites, including ownership.

 Combine BTR and property appraiser data.

 Note contiguous parcels, even if the building isn't present.

Design & Planning Considerations

 Maintain housing design standards especially for non-residential zones (industrial, commercial, civic).

 Embed neighborhood character/design guidance in the Comprehensive Plan.

 Coordinate with SB 180 for rule alignment and clarity.

 Apply compatibility standards to avoid designs out of sync with the neighborhood (e.g., avoid jarring architecture).

 Consider amenity standards to ensure quality housing.

 Use incentives to promote desirable development.

SB 1730 – Implications for Local Governments

Parking Reductions

Define/clarify transit stop and major transportation hub, with separate definitions, within your municipality’s land development code.:

 Definitions should consider service, headways, accessibility, and amenities in the code.

 Note the distinction between a transit stop and a major transportation hub.

Require all Live Local applications to provide a plan sheet:

 Showing transit stops/major transportation hubs and the distance to the building’s entrances and egresses.

 The sheet should also show how “safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features” are currently provided or can be achieved.

 Note: SB 1080 already requires need to provide development permit review applications in written format.

While a city may not require available parking can be compensated, it should consider incentives and other rules that provide for transit as related to parking.

SB 1730 – Administrative & Planning Toolbox

General

 Best practice: Maintain a separate GIS files and existing zoning regulations in a separate folder

 Structure GIS file to notes all zoning regulations, heights, FAR, lot coverage, density requirements citywide as of July 1, 2023. Note in separate columns if the code had been changed to higher heights and densities since July 1, 2023.

 Note all single-family residential districts, and areas where there are at least 25 contiguous single-family homes in the single-family district.

 Maintain a historic district file (for districts created before January 1, 2000) with contributing structures and resources, and all National Historic Preservation locations.

 For YIGBY purposes:

 Create a GIS file or Excel folio database that combines the location of all houses of worship and ownership – may need to combine both BTR and property appraiser data.

 Should note contiguous properties, even if the parcel does not have the facility on it.

 Develop/Maintain/Continue to maintain general housing design rules, particularly to create reviewable standards for areas that normally do not have housing (industrial, commercial, institutional, civic, etc.).

 Consider anchoring community visions in Comprehensive Plans to include neighborhood character, design/façade, etc.

 Coordinate on SB 180 regarding these rules – consider the most common denominators in setting clarifications.

 Take advantage of “consistency/compatible with neighborhood” rules, i.e. don’t design a Brutalist building in the neighborhood that looks like something out of Pleasantville.

 Consider amenities rules to avoid substandard housing.

 Use incentive systems as needed to encourage good development.

SB 1730 – Administrative & Planning Toolbox

Yes In God’s Backyard (YIGBY)

 Amends Live Local Act to provide for YIGBY provisions (religious institution land)

 The underlying zoning does not matter in regard to typology (i.e. civic, institutional, etc.)

 Suggest review of the underlying districts for non density regulations

 May consider general housing design guidelines, but must now be wary of SB 180

 Creates newer opportunities for non-profits, may be incorporated into general housing plans as P3 or non-profitled opportunities, but requires technical assistance in many cases.

 Note: Fair Housing Act generally provides against religious affiliation being part of housing tenant or tenants

 Good practice:

 Create a GIS file or Excel folio database that combines the location of all houses of worship and ownership –may need to combine both BTR and property appraiser data.

 Should note contiguous properties, even if the parcel does not have the facility on it.

PUDs/DRIs/etc.

 Do not need to amend the DRI to provide for Live Local Housing

 Does not require transfer of density – may be problematic for some plans as the district may have certain residential unit thresholds or “basket of rights” systems (e.g. RACs in Broward County; the Keys; others)

SB 1730 – Administrative & Planning Toolbox

Considerations for historic district/structures

 Note different distinction in distance for height purposes

 Can still enforce historic district/building architectural design requirements, i.e., façade, etc.

 Note: Critical distinction between National Register of Historic Places vs. Florida Master Site File

 Note distinction between district and contributing property/resource in regards to Jan. 1, 2000 versus individual buildings on Register.

 Provides for approvals of demolition of existing structures without quasi- or administrative board “if the proposed demolition otherwise complies with all state and local regulations”

 Consider tying into SB 582 (discussed later in this presentation)

 Review protections for historic structures under your local ordinance

 Should establish guidelines with Building Department on Demolition Permit reviews for historic structures, either by SOP or ordinance.

SB 1730 – Administrative & Planning Toolbox

Mixed-Use

 Cap on mixed-use percentages affect TODs as defined under section (h) of the Live Local Act, which requires mixed-use in all TODs.

 “Nothing in this subsection precludes a municipality from granting a bonus, variance, conditional use, or other special exception to height, density, or floor area ratio in addition to the height, density, and floor area ratio requirements in this subsection.”

 Consider that the 10% is a maximum that can be required from the local governmental agency – it does not preclude the developer from voluntarily providing more commercial space or the local government incentivizing to get above this 10% if so desired.

This is separate from the 65% minimum residential use requirement.

SB 1730 – Administrative & Planning Toolbox

Parking Reductions

 Define/clarify transit stop and major transportation hub, with separate definitions, within your municipality’s land development code.

 Definitions should consider service, headways, accessibility, and amenities in the code.

 Note the distinction between a transit stop and a major transportation hub.

 Require all Live Local applications to provide a plan sheet:

 Showing transit stops/major transportation hubs and the distance to the building’s entrances and egresses.

 The sheet should also show how “safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features” are currently provided or can be achieved.

 Note: SB 1080 already requires need to provide development permit review applications in written format

 While a city may not require available parking can be compensated, it should consider incentives and other rules that provide for transit as related to parking.

SB 1730 – Administrative & Planning Toolbox

Moratoria:

 Planners should note that if a moratorium is proposed, it must be accompanied by a housing study, and no more than 90 days in a rolling 3-year span may be permitted for such moratorium, unless it is related to floodwater, water, stormwater, etc.

 Water/Stormwater basis is allowed but must be applied to all multifamily or mixed-use residential, and should be reflected in the reasons for the moratorium.

 Planners should work with the city/county attorney to review differences between a moratorium and zoning in progress to utilize the most appropriate mechanisms for the intended policy approach.

SB 1080 – Local Government Land Regulations

What the Law Does

 Sets restrictions and penalties related to development permit processes for counties and municipalities:

 Sets firm timelines (e.g., 30 days for application completeness, 120/180 days for final decision).

 Introduces application fee refunds if timeframes are missed (up to 100%).

 Limits local requests for more information (maximum of three rounds).

 Amends regulations around impact fees, school district fees, and comprehensive plan amendments.

 Provides statewide consistency in permit processing and impact fee changes.

SB 1080 - Implications for Local Governments

 Imposes strict administrative deadlines; failure results in financial penalties.

 Requires greater internal efficiency, staff training, and systems to track and respond within deadlines.

 Limits local autonomy in adjusting impact fees and processing delays, shifting more control to state standards.

 Local governments face revenue uncertainty and reduced discretion in managing planning and infrastructure cost recovery.

SB 1080 Administrative & Planning Toolbox

Rezonings, etc. Applications:

 Consider having specific form letters for application intake.

 Given calendar functions, consider adding calendars/deadlines as part of published info.

 Excel has date functions and may be constructed to provide expectations for staff/applicants.

 Planners should review and update publicly posted information, including providing applicant with an understanding of what constitutes “substantiative change.”

 Suggest requiring pre-applications for all in order to ensure this information is provided.

 Be careful in written correspondence, suggest planners only deem applications complete in writing after completing review, including DRC as needed.

 Always document when comments were received by applicant; be willing to put hard deadlines to the applicant. Some cities have specific code requirements for application progress.

 Note that Plat applications, while sometimes tied to these, are separate and subject to different timeframes (as explained later in this presentation).

SB 1080 Administrative & Planning Toolbox

Comprehensive Plans:

 Planners should work with their City Attorney and City Clerks, and applicants as applicable, on any comprehensive plan items that are “tabled” and tracked for 180 days. Planners should advise their Council/Commission of this new rule requiring adoption within 180 days of the second reading/public hearing as needed.

 Consider extending with the state as needed if you need more time to work through the Comprehensive Plan or to workshop the item, INSTEAD of scheduling 2nd Reading.

 Important: Note that the 30-day timeframe affects when the plan takes effect:

 State is required to provide any objections within 5 working days, inclusive of complete package.

 An amendment adopted under this paragraph does not become effective until 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, an amendment does not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. (s.163.3184)

SB 1080 Administrative & Planning Toolbox

School Concurrency

 4(g)(f) as noted in the bill are references to rational nexus and proportion, colloquially known as Nollan and Dolan rules.

 Best practice is that as an impact fee, rational basis for fee is calculated at least every 4 years professionally as required by s.163.31801.

 Note that Charter Schools (HB 443 – Education, Effective July 1, 2025) are calculated as counting for concurrency moving forward (as a public facility for this purpose), so impact fee calculations may need to be revisited. Be mindful of this for comprehensive plans.

Impact Fees

 Previously, extenuating circumstances could technically provide a longer rationalization for planning approaches to impact fees. This is no longer an option and is limited by 5-years rule.

 Requires unanimous vote instead of 2/3.

 The change to extraordinary circumstances does still allow for over 50% as an override as this portion of the bill intended, but now must be phased in.

 Planners should consider advising their cities to do any impact fee studies every 4 years and build in administrative fees for renewal.

SB 108 – Administrative Procedures

What the Law Does: Amends the Florida Administrative Procedure Act, Chapter 120, Florida Statutes, relating to agency rulemaking procedures.

Some of the major changes include the following:

 Agencies must publish intended agency action within 90 days of a law’s effective date.

 Reinstates 7-day waiting period between proposed and intended rule notices.

 Sets deadlines for rulemaking when:

 Required by law: Notice of development (30 days), proposed rule (180 days).

 Permitted by law: No required deadlines.

 Revises SERC (Statement of Estimated Regulatory Costs) process; public can request a workshop.

Effective Date: July 1, 2025

SB 108 – Administrative Procedures

What the Law Does: Additional Reforms

Incorporation by Reference:

 Full text of any referenced material must be included in rule notices (after July 1, 2025).

Legislative Ratification:

 Rules requiring ratification must be approved within one regular session or withdrawn.

 Required rules must restart process if not ratified.

Emergency Rules:

 Updates duration and standards for emergency rule adoption.

SB 108 - Implications for Local Governments

Faster Agency Action: Local governments relying on state rules will see quicker rulemaking—within 90 or 180 days if required by law.

Greater Transparency: Ability to request SERC workshops improves input on rules affecting municipalities.

Improved Access to Rule Content: Full texts of referenced materials must be disclosed—better for legal compliance.

Tracking Legislative Sessions: Local governments must monitor session timelines closely for any rules requiring ratification.

Emergency Rules: Revised emergency rule standards could affect time-sensitive local programs relying on temporary state rules.

SB 108 – Administrative & Planning Toolbox

 Planners working for agencies (FDOT, FDEP, etc.) should be mindful of the noticing requirements.

 Local planners may utilize the timeframes under this bill to establish regular patterns of checking for upcoming rules changes.

 Planners administering or applying to grants should be particularly mindful of the rulemaking requirements and timeframes for comment.

 This bill also affects certain actions undertaken by other acts covered under this legislative session, including artificial turfs, parks, etc.

SB 784 – Platting

What the Law Does

Requires administrative approval of plats/replats that comply with state law (s. 177.091), with no governing body vote required.

 Mandates designation of an “administrative authority” by ordinance to handle plat processing.

 Establishes strict timelines:

 7 days to acknowledge receipt and note deficiencies

 Must approve, conditionally approve, or deny within a stated timeframe

 Prevents officials from requesting the applicant to extend review time.

SB 784 – Implications for Local Governments

 Removes discretion from elected bodies.

 Requires formal assignment of a staff-based administrative review process.

 Places pressure on local planning departments to meet deadlines.

 Could reduce public input or oversight over land division decisions.

SB 784 – Administrative & Planning Toolbox

Best Practices:

 Require a preapplication review to communicate requirements to the applicant

 Create/Integrate a formulaic response in your workflow for each item in s.177.091.

 Create a separate review table with minimum lot requirements, etc.

 Smart Workflow – Utilize the full number of days. Chart each application’s timeframe upon receipt (Hint: it’s doable in Excel by formula).

Review and ensure plat application and review alignment with s.177.091

 May need code requirements/amendments or SOP updates

 Designate responsible official

 Should have a detailed plat checklist that should be submitted, based on s.177.091

For departments relying on outside surveyors, work with Procurement to consider a work order system that can be implemented quickly to meet the 7-day notification requirement.

SB 954 – Certified Recovery Residences

What the Law Does

 Requires every county and municipality to adopt a local ordinance establishing procedures for review and approval of certified recovery residences.

 Ordinance must be adopted by January 1, 2026.

 Ordinance must include a process to request reasonable accommodation from local land use regulations.

 All procedures must be consistent with the Fair Housing Act.

SB 954 – Certified Recovery Residences

Ordinance Must Include:

 A written application process for reasonable accommodation.

 Timeframes:

 Notify applicant of missing information within 30 days.

 Issue final written decision within 60 days of a completed application.

 If no decision in 60 days → request is deemed approved, unless extended by agreement.

 Decision must: Approve, approve with conditions, or deny with specific, objective, evidencebased reasons. Identify deficiencies for reconsideration.

 Must limit public hearings to those required by law. May allow for revocation for cause.

SB 954 - Implications for Local Governments

Mandatory Action: Counties and cities must adopt compliant ordinances by Jan. 1, 2026.

Policy Development Needed: Local governments must create a fair, legally sound process for evaluating recovery residences.

Legal Compliance: Ordinances must align with the Fair Housing Act and protect against discrimination claims.

Administrative Burden: Staff must track deadlines (30/60 days) and ensure all reviews are evidence-based.

Limited Discretion: Public hearings and denials are narrowly constrained—local governments cannot add extra steps.

SB 954 – Administrative & Planning Toolbox

Ordinances:

 Should treat Certified Recovery Residences as residences, not businesses, for the purposes of zoning.

 May consider spacing requirements – but cannot prohibit within the city. Note reasonable accommodations clauses.

 Should establish process and procedures on application intake with time limitations

 May allow for revocation if the facility loses its certification, but must provide for 180 days for them to cure such deficiencies. Can consider appropriate reporting mechanisms.

 Consider that the 60-day timeclock after submission may be difficult to provide for conditional use applications, depending on your schedules.

 May not require public hearings beyond the minimum required by law to grant the requested accommodation.

 Consider avoiding using restrictive definitions of “family” in drafting any code provisions that may be construed to prevent unrelated individuals from living together in such residences.

SB 954 – Administrative & Planning Toolbox

Consider - Fair Housing Act of 1988 provisions:

 A household where two or more persons with disabilities choose to live together, as a matter of association, may not be subjected to requirements or conditions that are not imposed on households consisting of persons without disabilities. i.e. Imposing restrictions or additional conditions on group housing for persons with disabilities that are not imposed on families or other groups of unrelated individuals, e.g, requiring an occupancy permit for persons with disabilities to live in a single-family home while not requiring a permit for other residents of single-family homes.

HB 683 – Synthetic Turf

What the Law Does

 Prohibits local governments from banning or inconsistently regulating synthetic turf on single-family residential properties < 1 acre.

 Requires prompt action (within 35 days) on change orders submitted by contractors for public construction projects.

 Blocks local governments from requiring building permit applicants to submit copies of contracts or profit statements.

 Expands private provider authority for inspections and plan reviews, including use of automated systems.

 Adds exemptions from the Florida Building Code for spaceport-related equipment.

Effective Date: July 1, 2025

HB 683 – Implications for Local Governments

 Preempts local landscaping standards, reducing municipal control over aesthetics/environmental regulation.

 Requires faster review of contractor change orders—missed deadlines result in automatic approval and payment.

 Limits local building departments’ access to financial documentation, potentially complicating fraud detection.

 Increases reliance on private inspections, potentially weakening local oversight capacity and uniform enforcement.

HB 683 – Administrative & Planning Toolbox

 Consider defining “synthetic turf” in your code.

 Consider focusing on rules on permeability, lot coverage, and onsite and surface water retention over other considerations.

 Be mindful of “prohibit” vs regulation of overall site conditions.

 Review DEP proposed and adopted “minimum” standards, including permeability, during the rule-making process.

HB 733– Brownfields

What the Law Does: Revises current law related to Brownfield rehabilitation.

Key Changes:

 Eliminates local government mapping duties for institutional controls.

 Expands eligibility for brownfield program participation.

 Allows Superfund sites to enter the Brownfields Program earlier, without waiting for all preconditions.

 Eases barriers to obtaining "No Further Action" (NFA) status, especially for partial rehabilitation within larger sites.

 Updates rules for brownfield areas proposed by third parties and defines local government designation criteria.

HB 733– Brownfields

What the Law Does: Revises current law related to Brownfields rehabilitation.

 SB 180 prohibits counties and municipalities impacted by a hurricane (within 100 miles of storm track) from enacting moratoria on construction, redevelopment, or more restrictive land use amendments for 1 year post-landfall. Counties and municipalities affected by Hurricanes Debby (DR-4806), Helene (DR-4828), or Milton (DR-4834) are prohibited from imposing moratoria for properties damaged by these storms or adopting more restrictive land use regulations or permitting procedures until October 1, 2027. Any such actions are retroactively void as of August 1, 2024. Legal challenges can be filed to block such actions, with expedited court review and attorney’s fees for prevailing parties.

 Local governments participating in the National Flood Insurance Program cannot enforce rules that count cumulative repairs or improvements over time toward substantial improvement thresholds.

HB 733– Implications for Local Governments

Reduced Administrative Burden: Local governments no longer required to collect or map institutional control data.

Streamlined Process: Brownfield sites can reach cleanup milestones faster with simplified NFA pathways.

Local Designation Still Required: Cities/counties remain responsible for formally designating brownfield areas.

Policy Opportunity: Governments can proactively revise internal brownfield policies to align with new flexibility and support redevelopment.

Increased Participation: Broader program eligibility may drive more interest from developers and environmental consultants.

HB 733 – Administrative & Planning Toolbox

 Requirement from the state for mapping is removed, but does not preempt local requirements for tracking. Local governments may consider continuing to track brownfields.

 This change does not remove any considerations for Future Land Use Elements.

 For all Brownfield sites with cleanups, should note revised rule regarding tax credits.

 For large sites:

 May re-examine how cleanup and reuse can be phased in. Revised statutes enables piecemeal approaches.

 This is applicable for sites with existing agreements.

SB 582 – Unlawful Demolition of Historic Structures

What the Law Does

 Authorizes local code enforcement boards or special magistrates to impose higher fines for illegal demolition.

 Applies specifically to properties listed on the National Register of Historic Places or contributing structures in registered districts.

 Fines may exceed usual statutory limits but cannot surpass 20% of the property’s market value before demolition.

 Demolition must be willful, knowing, and not due to a natural disaster to qualify for the enhanced penalty.

Effective Date: July 1, 2025

SB 582 – Implications for Local Governments

 Encourages stricter protection of historic resources.

 Requires local boards/magistrates to assess valuation and intent, demanding more comprehensive enforcement and legal diligence.

 Empowers localities with a stronger deterrent against unauthorized demolition, aligning with preservation goals.

SB 582 – Administrative & Planning Toolbox

 Tool to help preserve historic buildings from “demolition by neglect.”

 Application:

 Only applies to National Historic Register, i.e. Secretary of the Interior Standards and Guidelines, National Historic Preservation Act of 1966 qualified and registered sites.

 Listing on Florida Master File Site IS NOT the same.

 Should check the designation of all properties you want to protect

 Should establish guidelines with Building Department on Demolition Permit reviews for historic structures, either by SOP or ordinance.

 Maintain database (Excel or GIS) of all historic sites. Review and update with property appraiser data annually.

 Review Code Enforcement and Fines portions of your code

 Some codes have “maximum limits” and may need amendment

 Anchor a “maximum penalty” clause in Land Use Element or Historic Preservation Element

 Consider establishing regular review periods of condition in order to demonstrate “willful” and “knowing”

 Leverage other tools, i.e. tax credits, etc.

Additional Bills to Note

Some will be covered more in-depth in future a webinars or at conference

HB

85 Hazardous Walking Conditions. Effective July 1, 2025. Expands criteria for identifying hazardous walking conditions to include walkways along a limited access facility.

HB 462 Transportation.

Effective July 1, 2025.

 MPOs to emphasize: developing multimodal transportation systems, instead of surface transportation systems; serving the mobility needs of people and freight and fostering economic growth and development throughout the urbanized areas of this state in accordance with Florida Department of Transportation’s (FDOT) mission statement

 Mandates no new MPOs unless in area not contiguous to an existing MPO.

 LRTPs must include conserving natural resources, instead of promoting energy conservation; additionally, MPOs must consider projects and strategies to reduce traffic and congestion.

 Amends the definition of micromobility device to mean a motorized transportation device designed for individual use which is typically 20 to 36 inches in width and 50 pounds or less in weight and which operates at a speed of typically less than 15 miles per hour but no more than 28 miles per hour.

 Amends authority of local governments regarding regulations of electric bicycles, including on sidewalks, etc.

 Authorizes FDOT to use eminent domain in advance preserve a corridor for future proposed improvements.

 And other provisions. Will be covered more extensively in next workshop/briefing.

SB 1662 – Transportation. Effective July 1, 2025.

 Provides various definitions, etc. updates.

 Repeals provisions regarding high-occupancy vehicle lanes.

 Requires FDOT to certify private airports of public interest before aircraft operations are allowed.

 Provides certain focuses on connections to future spaceports and the aeronautical industries.

 Requires FDOT to address the need for vertiports, advanced air mobility, and other advances in aviation technology.

 Provisions for Parking Authorities.

 Creates the Florida Transportation Research Institute.

 New requirements for native landscaping standards based on area of state.

 Among other provisions (to be covered at in our next session).

SB 1228 - Spring Restoration. Effective date is July 1, 2025.

The bill amends s.403.064 which regulates the reuse of reclaimed water. It provides that a domestic wastewater facility with an approved plan may submit a request to the Department of Environmental Protection (DEP) to amend the plan to incorporate a reclaimed water project identified in an Outstanding Florida Springs recovery or prevention strategy adopted pursuant to s.373.805. DEP must approve the request within 60 days after receipt of the request if all the following conditions are met:

 the identified use of reclaimed water will benefit a rural area of opportunity as defined in s.288.0656(2);

 the project will provide at least 35 million gallons per day of reclaimed water to benefit an Outstanding Florida Spring;

 the project involves more than one domestic wastewater treatment facility; and

 the project implementation and surface water discharge elimination schedule meets the requirements of s.373.805 and has an implementation date of no later than Jan. 1, 2039

HB 481 - Anchoring Limitation Areas. Effective date: May 19, 2025. Restricts anchoring in certain Florida waterways, expands designated anchoring limitation areas, and increases the distance at which vessels may anchor near public mooring fields.

HB 443 – Education. Effective Date is July 1, 2025. Defines charter schools as public facilities for concurrency purposes, increases flexibility in capital spending for lab schools, and broadens enrollment and governance options for charter and virtual programs.

Join Us in Upcoming Discussions

Deep Dive at FPC 25 – 2 CM or 1 Law CM

 September 16, 2025 | 8:30 am – 10 am

 Transportation

 Schools planning

 Housing

Deep Dive and Next Steps – 1 Law CM

 October 28, 2025 | 1 – 2:30 pm

 Rural Lands and Agricultural

 More on Housing, including HB 700

 Annexations, like HB 384

 Environmental, including SB 492 - Mitigation Banks, HB 1622 Beaches

 and more!

Oct. 28 webinar registration link: https://bit.ly/legrev10-28 or

Edward Ng, AICP

 The Corradino Group

 eng@corradino.com

 305-594-0735

 corradino.com David Cruz  Florida League of Cities

 dcruz@flcities.com

 flcities.com Zackery Good, Esq.

TG Law PLLC

Mobile: (786) 452-4241  Fax: (855) 514-2822

zgood@tgjustice.com

tgjustice.com

Grace DePaolo

Metz Husband & Daughton, PA

agd@mhdfirm.com

mhdfirm.com

Thank you for attending!