H 1143

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    CS/HB 1143  2026
1A bill to be entitled
2An act relating to local government land development
3regulations and orders; amending ss. 125.022 and
4166.033, F.S.; providing applicability; requiring
5certain counties and municipalities, respectively, to
6follow certain application procedures for applications
7for certain development permits and development
8orders; creating s. 163.3254, F.S.; creating the
9"Florida Starter Homes Act" for a specified purpose;
10providing a short title; providing legislative
11findings; providing definitions; prohibiting local
12governments from imposing certain regulations if a
13residential lot is connected to a public water system
14and a sewerage system; requiring that regulations
15imposed by a local government allow residential lots
16to front or abut a shared space instead of a public
17right-of-way; prohibiting a local government from
18imposing regulations that require more than a certain
19minimum number of parking spaces for specified
20residential lots; prohibiting a local government from
21imposing certain regulations on residential lots that
22contain historic property; providing exceptions;
23requiring that local government regulations include a
24certain process; requiring off-site constructed
25residential dwellings to be allowed in certain
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26circumstances; prohibiting a local government from
27adopting or enforcing certain regulations; providing
28construction; prohibiting a local government from
29treating off-site constructed residential dwellings
30differently than factory-built buildings based on
31certain circumstances; authorizing a local government
32to adopt compatibility standards that are limited to
33certain architectural features; requiring the approval
34of a lot split under certain circumstances; limiting
35the criteria that may be required by local governments
36for applications for and approvals of lot splits;
37establishing an application process for development
38applications for residential lots; requiring a local
39government to process such applications in a certain
40manner within certain timeframes; authorizing an
41applicant to request, and requiring the local
42government to grant certain extensions; prohibiting a
43local government from imposing, or from requiring an
44applicant to request, such an extension; providing
45that certain applications are deemed approved under
46certain circumstances; requiring a local government to
47issue to an applicant a refund of the application fee
48under certain circumstances; providing construction;
49providing that certain local government regulations
50are void and unenforceable to a specified extent;
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51amending s. 177.071, F.S.; providing applicability;
52requiring an administrative authority to follow
53certain application procedures for applications for
54certain plats and replats; amending s. 553.382, F.S.;
55authorizing the placement of a residential
56manufactured building on any lot in a recreational
57vehicle park; conforming a provision to changes made
58by the act; providing an effective date.
59
60    Be It Enacted by the Legislature of the State of Florida:
61
62Section 1.  Subsection (10) is added to section 125.022,
63    Florida Statutes, to read:
64125.022        Development permits and orders.—
65(10)        Subsections (2), (3), and (4) do not apply to a
66    county with a population density of more than 500 persons per
67    square mile, calculated according to the most recent decennial
68    census, for an application for approval of a development permit
69    or development order for one or more residential lots as defined
70    in s. 163.3254(3). For such application, such a county must
71    follow the application procedures established in s. 163.3254(8).
72Section 2.  Subsection (10) is added to section 166.033,
73    Florida Statutes, to read:
74166.033        Development permits and orders.—
75(10)        Subsections (2), (3), and (4) do not apply to a
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76     municipality in a county with a population density of more than
77     500 persons per square mile, calculated according to the most
78     recent decennial census, for an application for approval of a
79     development permit or development order for one or more
80     residential lots as defined in s. 163.3254(3). For such
81     application, such a municipality must follow the application
82     procedures established in s. 163.3254(8).
83Section 3.  Section 163.3254, Florida Statutes, is created
84     to read:
85163.3254  Florida Starter Homes Act.—The Florida Starter
86     Homes Act is created to make home ownership, renting, and
87     leasing more affordable for the residents of this state by
88     increasing the supply of housing for the residents of this
89     state.
90(1)     This section may be cited as the "Florida Starter
91     Homes Act."
92(2)     The Legislature finds that:
93(a)     The median price of homes in this state has increased
94     steadily in the decade preceding 2026, rising at a greater rate
95     of increase than the median income in this state.
96(b)     There is a housing shortage in this state which
97     constitutes a threat to the health, safety, and welfare of the
98     residents of this state, and this shortage has caused the costs
99     of home ownership, renting, and leasing to often exceed an
100    amount that is affordable for residents of this state.
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101(c)     The housing shortage is caused, to a significant
102    extent, by regulations governing residential lots which have
103    been imposed by local governments.
104(d)     Single-family detached homes, single-family attached
105    homes, townhouses, duplexes, triplexes, and quadruplexes are
106    affordable starter homes for residents of this state to own,
107    rent, or lease.
108(e)     Regulations governing residential lots which have been
109    imposed by local governments do not encourage a high degree of
110    flexibility relating to residential development, and such
111    regulations prevent the development of starter homes on
112    residential lots smaller in size, due, in part, to minimum lot
113    size requirements and restrictions on the types of dwellings
114    allowed to be constructed on residential lots.
115(f)     The important public purpose sought to be achieved by
116    allowing starter homes on residential lots that are smaller in
117    size is to increase the supply of housing, which will make home
118    ownership, renting, and leasing more affordable for the
119    residents of this state.
120(3)     For purposes of this section, the term:
121(a)     "Development" has the same meaning as in s. 380.04(1),
122    and also includes the division of one parent parcel into two
123    lots.
124(b)     "Development application" means an application for
125    approval of any of the following:
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1261.      A lot split or subdivision.
1272.      A plat or replat.
1283.      A development bonus for additional height, density, or
129    floor area ratio.
1304.      The demolition of an existing structure, if the
131    demolition objectively complies with applicable regulations.
1325.      Any other development order or development permit as
133    those terms are defined in s. 163.3164, except for building
134    permits.
135(c)      "Dwelling unit" means a single unit formed by one or
136    more rooms within a dwelling which is used, or is designed to be
137    used, as a home, residence, or sleeping place for at least one
138    person.
139(d)      "Local government" means any county, municipality, or
140    special district.
141(e)      "Lot" means a parcel, tract, tier, block, site, unit,
142    or any other division of land.
143(f)      "Lot split" means the division of a parent parcel into
144    no more than eight residential lots.
145(g)      "Off-site constructed residential dwelling" means a
146    manufactured building as defined in s. 553.36 which is intended
147    for use as at least one type of starter home, or a manufactured
148    home as defined in s. 320.01(2)(b), which is constructed in
149    whole or in part off-site and is treated as real property.
150(h)      "Parent parcel" means the original lot from which
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151    subsequent lots are created.
152(i)     "Public transit stop" means a stop or station used for
153    public purposes for transit services, including for a bus rapid
154    transit service, a bus system, a streetcar, a commuter rail
155    service as defined in s. 341.301, an intercity rail
156    transportation system as defined in s. 341.301, or a fixed-
157    guideway transportation system as defined in s. 341.031(2). The
158    term does not include a stop or station for a people-mover
159    system in a public-use airport as defined in s. 332.004 or a
160    stop or station that is used exclusively for a freight rail
161    service as defined in s. 343.545(3)(h).
162(j)     "Public water system" has the same meaning as in s.
163    403.852(2).
164(k)     "Regulation" means a comprehensive plan, a development
165    order, or a land development regulation as those terms are
166    defined in s. 163.3164 or any other local government ordinance,
167    resolution, policy, action, procedure, condition, guideline,
168    development agreement, or land development code.
169(l)     "Residential lot" means a lot that is zoned for
170    residential use or on which at least one type of starter home is
171    an existing or lawful use. The term does not include a lot that
172    is located within an area of critical state concern designated
173    pursuant to s. 380.05.
174(m)     "Sewerage system" has the same meaning as in s.
175    403.031. The term does not include an onsite sewage treatment
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176    and disposal system as defined in s. 403.031.
177(n)     "Shared space" means a driveway, an alley, or a common
178    open space, such as a courtyard or pocket park.
179(o)     "Starter home" means a dwelling with one, two, three,
180    or four dwelling units. The term includes, but is not limited
181    to, single-family detached homes, single-family attached homes,
182    townhouses as defined in s. 481.203, duplexes, triplexes, and
183    quadruplexes, and the curtilage thereof.
184(p)     "Subdivision" means the division of a parent parcel
185    into nine or more residential lots. The term includes streets,
186    alleys, additions, and resubdivisions.
187(4)     If a residential lot is connected to a public water
188    system and a sewerage system, or will be connected to such
189    systems as part of a lot split plan or subdivision plan, a local
190    government may not impose a regulation that does any of the
191    following:
192(a)     Prohibits, limits, or otherwise restricts the
193    development of a starter home.
194(b)     Requires a minimum setback that is greater than: 0
195    feet from the sides; 10 feet from the rear; or 20 feet from the
196    front, or 0 feet from the front if the lot fronts or abuts a
197    shared space.
198(c)     Requires a minimum dimension of a lot, including its
199    width or depth, to exceed 20 feet if the lot meets the relevant
200    minimum lot size requirement.
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201(d)     Requires more than 30 percent of lot area to be
202    reserved for open space or permeable surface.
203(e)     Requires a maximum building height of less than three
204    stories or 35 feet above grade or, if applicable, three stories
205    or 35 feet above the base flood elevation established by the
206    Federal Emergency Management Agency.
207(f)     Requires a maximum floor area ratio of less than 3.
208(g)     Requires the property owner to occupy the property.
209(h)     Requires a minimum size for a starter home which is
210    greater than that required by the Florida Building Code.
211(i)     Requires a maximum residential density, typically
212    measured in dwelling units per acre, which is more restrictive
213    than the requirements of this subsection.
214(j)     Requires a minimum lot size that is greater than 1,200
215    square feet for existing lots, lots created by a lot split, or
216    lots created by subdivision.
217(5)(a)       Regulations imposed by a local government must
218    allow a residential lot to front or abut a shared space instead
219    of a public right-of-way.
220(b)     A local government may not impose a regulation that
221    requires a minimum number of parking spaces greater than one per
222    dwelling unit for residential lots that are 4,000 square feet or
223    less, or any minimum number of parking spaces for residential
224    lots within a one-half mile radius of a public transit stop that
225    is open for public use on or after January 1, 2026.
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226(c)      A local government may not impose a regulation that
227    prohibits, limits, or otherwise restricts lot splits or the
228    development of starter homes on a residential lot that contains
229    historic property as defined in s. 267.021, except for:
2301.      Regulations relating to building design elements which
231    may be applied pursuant to s. 163.3202(5)(a)1.; or
2322.      Regulations that prohibit, limit, or otherwise restrict
233    the demolition or alteration of a structure or building that is
234    individually listed in the National Register of Historic Places,
235    or that is a contributing structure or building within a
236    historic district which was listed in the National Register of
237    Historic Places before January 1, 2000.
238(6)(a)       An off-site constructed residential dwelling must
239    be allowed on any residential lot where at least one type of
240    starter home is allowed.
241(b)     A local government may not impose any regulation that
242    treats an off-site constructed residential dwelling differently
243    or more restrictively than a single-family detached dwelling
244    allowed on the same residential lot.
245(c)      A local government may not treat off-site constructed
246    residential dwellings differently than factory-built buildings
247    subject to s. 553.38 based on the method or location of
248    construction. A local government may not impose a regulation
249    that differently or more restrictively treats an off-site
250    constructed residential dwelling based on its method of
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251    construction or the presence of components built off site. Any
252    local government regulation that governs off-site constructed
253    residential dwellings must be reasonable, may not have the
254    effect of excluding off-site constructed residential dwellings,
255    and must be uniformly enforced without any distinction as to the
256    type of housing.
257(d)      This subsection does not prohibit a local government
258    from objectively applying generally applicable architectural,
259    aesthetic, design, setback, height, or bulk standards to off-
260    site constructed residential dwellings, provided such standards
261    apply equally to site-built single-family dwellings allowed on
262    the same residential lot. A local government may adopt
263    compatibility standards that are limited to the following
264    architectural features:
2651.      Roof pitch.
2662.      Square footage of livable space.
2673.      Type and quality of exterior finishing materials.
2684.      Foundation enclosure.
2695.      Existence and type of attached structures.
2706.      Building setbacks, lot dimensions, and the orientation
271    of the home on the lot.
272(7)      Local government regulations must include a process
273    through which an applicant may seek review and approval of a lot
274    split.
275(a)      A lot split must be administratively approved without
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276    further action by the governing body of the local government if
277    the lot split complies with the requirements of this section.
278(b)      Regulations imposed by a local government which
279    establish criteria for the application for, or approval of, a
280    lot split are limited to the following:
2811.      The requirement that an applicant provide the relevant
282    documentation and pay a fee for the cost of review of such
283    documentation. Any other fee imposed on the application for, or
284    approval of, a lot split is prohibited.
2852.      The requirement that lots created by the lot split
286    comply with applicable zoning regulations that govern the parent
287    parcel.
2883.      The requirement that the parent parcel was not created
289    by a lot split or subdivision during the previous 12 months.
290(8)(a)       A local government shall confirm receipt of a
291    development application for a residential lot within 5 business
292    days after receipt of the application using the contact
293    information provided by the applicant. Within 15 business days
294    after receiving the application, the local government shall
295    review the application for completeness and issue a written
296    notification to the applicant indicating that all required
297    information is submitted or specify in writing with
298    particularity any areas that are deficient. If the application
299    is deficient, the applicant has 60 business days to address the
300    deficiencies by submitting the required additional information.
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301(b)     Within 10 business days after receipt of such
302    additional information, the local government shall issue a
303    written notification to the applicant indicating that all
304    required information is submitted or specify in writing with
305    particularity any areas that remain deficient. The local
306    government may request additional information up to three times
307    if necessary to address an initially identified area of
308    deficiency, provided that the local government shall issue the
309    written notification to the applicant concerning a second or
310    third request for additional information within 5 business days.
311    However, the local government may not raise a new area of
312    deficiency in a subsequent request for additional information
313    unless the deficiency was caused by a material change introduced
314    by the applicant in the additional information provided to the
315    local government. Before making a third request for additional
316    information, the local government must offer the applicant a
317    meeting to discuss and resolve any outstanding areas of
318    deficiency. If the applicant believes that a request for
319    additional information is not authorized by law, the local
320    government, at the applicant's request, must process the
321    application for approval or denial. If a local government deems
322    an application incomplete after making three requests for
323    additional information, the local government must process the
324    application for approval or denial.
325(c)     For applications that do not require final action
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326    through a quasi-judicial hearing or a public hearing, the local
327    government must approve, approve with conditions, or deny the
328    development application within 60 days after the local
329    government has deemed the application complete. For applications
330    that require final action through a quasi-judicial hearing or a
331    public hearing, the local government must approve, approve with
332    conditions, or deny the development application within 90 days
333    after the local government has deemed the application complete.
334    Any denial of the application must include written findings
335    supporting the local government's decision.
336(d)     At any point during the timeframes specified in
337    paragraph (a) or paragraph (b), an applicant may request, and
338    the local government must grant, an extension of time for up to
339    60 business days. However, a local government may not impose an
340    extension of time or require an applicant to request an
341    extension of time.
342(e)     If a local government fails to issue a written
343    notification of completeness or written specification of areas
344    of deficiency or make a final determination on an application
345    within the timeframes specified in paragraphs (a), (b), and (c),
346    the application is deemed approved and the local government must
347    issue written notification of approval by the next business day
348    and issue to the applicant a refund equal to 100 percent of the
349    application fee. This paragraph shall not apply if the delay is
350    caused by the applicant or the delay is attributable to a force
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351    majeure or other extraordinary circumstance.
352(f)     The timeframes contained in this subsection do not
353    supersede any other timeframes provided in state law which are
354    less restrictive than this subsection for property owners or
355    development, such as a shorter timeframe for a local government
356    to review documentation or to approve a development application.
357(8)     This section does not prohibit, limit, or otherwise
358    restrict a condominium association, a homeowners' association,
359    or a cooperative from adopting or approving governing documents,
360    or a property owner from establishing deed restrictions, if such
361    adoption, approval, or establishment is voluntary and not
362    imposed by a local government.
363(9)     Any local government regulation contrary to this
364    section is void and unenforceable to the extent that it
365    conflicts with this section.
366Section 4.  Subsection (6) is added to section 177.071,
367    Florida Statutes, to read:
368177.071       Administrative approval of plats or replats by
369    designated county or municipal official.—
370(6)     Subsection (3) does not apply to a plat or a replat
371    under this part for a residential lot as defined in s.
372    163.3254(3). For such plats and replats, the administrative
373    authority shall follow the application procedures established in
374    s. 163.3254(8).
375Section 5.  Section 553.382, Florida Statutes, is amended
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376    to read:
377553.382       Placement of certain housing.—Notwithstanding any
378    other law or ordinance to the contrary, in order to expand the
379    availability of affordable housing in this state, any
380    residential manufactured building that is certified under this
381    chapter by the department may be placed on a mobile home lot in
382    a mobile home park, recreational vehicle park, or mobile home
383    condominium, cooperative, or subdivision or on any lot in a
384    recreational vehicle park. Any such housing unit placed on a
385    mobile home lot is a mobile home for purposes of chapter 723
386    and, therefore, all rights, obligations, and duties under
387    chapter 723 apply, including the specifics of the prospectus.
388    However, a housing unit subject to this section may not be
389    placed on a mobile home lot without the prior written approval
390    of the park owner. Each housing unit subject to this section
391    which is placed on a mobile home lot shall be taxed as a mobile
392    home under s. 320.08(11) and is subject to payments to the
393    Florida Mobile Home Relocation Fund under s. 723.06116.
394Section 6.  This act shall take effect July 1, 2026.
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