Florida Senate - 2026 SB 1548 By Senator Calatayud 38-01065A-26 20261548__ Page 1 of 13 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to affordable housing; amending ss. 2 125.01055 and 166.04151, F.S.; requiring counties and 3 municipalities, respectively, to authorize certain 4 residential use on property owned by a county, 5 municipality, or school district under certain 6 circumstances; providing requirements for certain 7 proposed developments; prohibiting counties and 8 municipalities, respectively, from restricting the 9 height of certain proposed developments through other 10 dimensional means and from requiring certain setbacks 11 or stepbacks; revising the

definitions of the terms 12 “commercial use” and “industrial use”; authorizing 13 applicants for certain proposed developments to notify 14 the county or municipality, as applicable, by a 15 specified date of intent to proceed under certain 16 provisions; requiring counties and municipalities to 17 allow certain applicants to submit revised 18 applications, written requests, and notices of intent 19 to account for changes made by the act; amending s. 20 333.03, F.S.; providing an exception authorizing the 21 applicability of certain provisions to certain 22 proposed developments, if approved by the governing 23 body of an airport; amending s. 760.22, F.S.; revising 24 the definition of the term “person”; amending s. 25 760.26, F.S.; revising a prohibition on discriminatory 26 practices in land use decisions and in permitting of 27 development to include housing that is affordable; 28 amending s. 760.35, F.S.; waiving the state’s 29

Florida Senate - 2026 SB 1548 38-01065A-26 20261548__ Page 2 of 13 CODING: Words stricken are deletions; words underlined are additions. sovereign immunity for certain causes of action based 30 upon housing discrimination; providing applicability; 31 providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35

Section 1. Paragraphs (a), (d), and (

n) of subsection (7) 36 of

section 125.01055, Florida Statutes, are amended to read: 37 125.01055 Affordable housing.— 38 (7)(

a) A county must authorize multifamily and mixed-use 39 residential as allowable uses in any area zoned for commercial, 40 industrial, or mixed use, and in portions of any flexibly zoned 41 area such as a planned unit development permitted for 42 commercial, industrial, or mixed use, and on property owned by a 43 county, municipality, or school district, if at least 40 percent 44 of the residential units in a proposed multifamily development 45 are rental units that, for a period of at least 30 years, are 46 affordable as defined in s. 420.0004.

Notwithstanding any other 47 law, local ordinance, or regulation to the contrary, a county 48 may not require a proposed multifamily development to obtain a 49 zoning or land use change, special exception, conditional use 50 approval, variance, transfer of density or development units, 51 amendment to a development of regional impact, or comprehensive 52 plan amendment for the building height, zoning, and densities 53 authorized under this subsection. For mixed-use residential 54 projects, at least 65 percent of the total square footage must 55 be used for residential purposes.

The county may not require 56 that more than 10 percent of the total square footage of such 57 mixed-use residential projects be used for nonresidential 58

Florida Senate - 2026 SB 1548 38-01065A-26 20261548__ Page 3 of 13 CODING: Words stricken are deletions; words underlined are additions. purposes. A proposed development on property owned by a county, 59 municipality, or school district must be within the geographic 60 boundaries of the respective county, municipality, or school 61 district, and the respective county, municipality, or school 62 district must be a party to the application for the proposed 63 development. 64 (d)1.

A county may not restrict the height of a proposed 65 development authorized under this subsection below the highest 66 currently allowed, or allowed on July 1, 2023, height for a 67 commercial or residential building located in its jurisdiction 68 within 1 mile of the proposed development or three stories, 69 whichever is higher.

A county may not restrict height below the 70 height authorized under this paragraph through other dimensional 71 means, such as height determined by setbacks or stepbacks, or 72 vice versa, or require setbacks or stepbacks that are more 73 restrictive than the minimum setbacks or stepbacks of the 74 underlying zoning applicable to the proposed development.

For 75 purposes of this paragraph, the term “highest currently allowed 76 height” does not include the height of any building that met the 77 requirements of this subsection or the height of any building 78 that has received any bonus, variance, or other special 79 exception for height provided in the county’s land development 80 regulations as an incentive for development. 81 2.

If the proposed development is adjacent to, on two or 82 more sides, a parcel zoned for single-family residential use 83 which is within a single-family residential development with at 84 least 25 contiguous single-family homes, the county may restrict 85 the height of the proposed development to 150 percent of the 86 tallest building on any property adjacent to the proposed 87

Florida Senate - 2026 SB 1548 38-01065A-26 20261548__ Page 4 of 13 CODING: Words stricken are deletions; words underlined are additions. development, the highest currently allowed, or allowed on July 88 1, 2023, height for the property provided in the county’s land 89 development regulations, or three stories, whichever is higher, 90 not to exceed 10 stories. For the purposes of this paragraph, 91 the term “adjacent to” means those properties sharing more than 92 one point of a property line, but does not include properties 93 separated by a public road. 94 3.

If the proposed development is on a parcel with a 95 contributing structure or building within a historic district 96 which was listed in the National Register of Historic Places 97 before January 1, 2000, or is on a parcel with a structure or 98 building individually listed in the National Register of 99 Historic Places, the county may restrict the height of the 100 proposed development to the highest currently allowed, or 101 allowed on July 1, 2023, height for a commercial or residential 102 building located in its jurisdiction within three-fourths of a 103 mile of the proposed development or three stories, whichever is 104 higher.

The term “highest currently allowed” in this paragraph 105 includes the maximum height allowed for any building in a zoning 106 district irrespective of any conditions. 107 (

n) As used in this subsection, the term: 108 1. “Commercial use” means activities associated with the 109 sale, rental, or distribution of products or the performance of 110 services related thereto. The term includes, but is not limited 111 to, such uses or activities as retail sales; wholesale sales; 112 rentals of equipment, goods, or products; offices; restaurants; 113 public lodging establishments as described in s. 509.242(1)(a); 114 food service vendors; sports arenas; theaters; tourist 115 attractions; and other for-profit business activities. A parcel 116

Florida Senate - 2026 SB 1548 38-01065A-26 20261548__ Page 5 of 13 CODING: Words stricken are deletions; words underlined are additions. zoned to permit such uses by right without the requirement to 117 obtain a variance or waiver is considered commercial use for the 118 purposes of this section, irrespective of the local land 119 development regulation’s listed category or title.

The term does 120 not include home-based businesses or cottage food operations 121 undertaken on residential property, public lodging 122 establishments as described in s. 509.242(1)(c), or uses that 123 are accessory, ancillary, incidental to the allowable uses, or 124 allowed only on a temporary basis. Recreational uses, such as 125 golf courses, tennis courts, swimming pools, and clubhouses, 126 within an area designated for residential use are not commercial 127 use, irrespective of how they are operated.

Farms and farm 128 operations as those terms are defined in s. 823.14(3) and uses 129 associated therewith, including the packaging and sale of 130 products raised on the premises, are not commercial use. 131 2. “Industrial use” means activities associated with the 132 manufacture, assembly, processing, or storage of products or the 133 performance of services related thereto.

The term includes, but 134 is not limited to, such uses or activities as automobile 135 manufacturing or repair, boat manufacturing or repair, junk 136 yards, meat packing facilities, citrus processing and packing 137 facilities, produce processing and packing facilities, 138 electrical generating plants, water treatment plants, sewage 139 treatment plants, and solid waste disposal sites.

A parcel zoned 140 to permit such uses by right without the requirement to obtain a 141 variance or waiver is considered industrial use for the purposes 142 of this section, irrespective of the local land development 143 regulation’s listed category or title. The term does not include 144 uses that are accessory, ancillary, incidental to the allowable 145

Florida Senate - 2026 SB 1548 38-01065A-26 20261548__ Page 6 of 13 CODING: Words stricken are deletions; words underlined are additions. uses, or allowed only on a temporary basis. Recreational uses, 146 such as golf courses, tennis courts, swimming pools, and 147 clubhouses, within an area designated for residential use are 148 not industrial use, irrespective of how they are operated.

Farms 149 and farm operations as those terms are defined in s. 823.14(3) 150 and uses associated therewith, including the packaging and sale 151 of products raised on the premises, are not industrial use. 152 3. “Mixed use” means any use that combines multiple types 153 of approved land uses from at least two of the residential use, 154 commercial use, and industrial use categories.

The term does not 155 include uses that are accessory, ancillary, incidental to the 156 allowable uses, or allowed only on a temporary basis. 157 Recreational uses, such as golf courses, tennis courts, swimming 158 pools, and clubhouses, within an area designated for residential 159 use are not mixed use, irrespective of how they are operated. 160 4. “Planned unit development” has the same meaning as 161 provided in s. 163.3202(5)(b). 162

Section 2. Paragraphs (a), (d), and (

n) of subsection (7) 163 of

section 166.04151, Florida Statutes, are amended to read: 164 166.04151 Affordable housing.— 165 (7)(

a) A municipality must authorize multifamily and mixed-166 use residential as allowable uses in any area zoned for 167 commercial, industrial, or mixed use, and in portions of any 168 flexibly zoned area such as a planned unit development permitted 169 for commercial, industrial, or mixed use, and on property owned 170 by a county, municipality, or school district, if at least 40 171 percent of the residential units in a proposed multifamily 172 development are rental units that, for a period of at least 30 173 years, are affordable as defined in s. 420.0004. Notwithstanding 174

Florida Senate - 2026 SB 1548 38-01065A-26 20261548__ Page 7 of 13 CODING: Words stricken are deletions; words underlined are additions. any other law, local ordinance, or regulation to the contrary, a 175 municipality may not require a proposed multifamily development 176 to obtain a zoning or land use change, special exception, 177 conditional use approval, variance, transfer of density or 178 development units, amendment to a development of regional 179 impact, amendment to a municipal charter, or comprehensive plan 180 amendment for the building height, zoning, and densities 181 authorized under this subsection.

For mixed-use residential 182 projects, at least 65 percent of the total square footage must 183 be used for residential purposes. The municipality may not 184 require that more than 10 percent of the total square footage of 185 such mixed-use residential projects be used for nonresidential 186 purposes.

A proposed development on property owned by a county, 187 municipality, or school district must be within the geographic 188 boundaries of the respective county, municipality, or school 189 district, and the respective county, municipality, or school 190 district must be a party to the application for the proposed 191 development. 192 (d)1.

A municipality may not restrict the height of a 193 proposed development authorized under this subsection below the 194 highest currently allowed, or allowed on July 1, 2023, height 195 for a commercial or residential building located in its 196 jurisdiction within 1 mile of the proposed development or three 197 stories, whichever is higher.

A municipality may not restrict 198 height below the height authorized under this paragraph through 199 other dimensional means, such as height determined by setbacks 200 or stepbacks, or vice versa, or require setbacks or stepbacks 201 that are more restrictive than the minimum setbacks or stepbacks 202 of the underlying zoning applicable to the proposed development. 203

Florida Senate - 2026 SB 1548 38-01065A-26 20261548__ Page 8 of 13 CODING: Words stricken are deletions; words underlined are additions. For purposes of this paragraph, the term “highest currently 204 allowed height” does not include the height of any building that 205 met the requirements of this subsection or the height of any 206 building that has received any bonus, variance, or other special 207 exception for height provided in the municipality’s land 208 development regulations as an incentive for development. 209 2.

If the proposed development is adjacent to, on two or 210 more sides, a parcel zoned for single-family residential use 211 that is within a single-family residential development with at 212 least 25 contiguous single-family homes, the municipality may 213 restrict the height of the proposed development to 150 percent 214 of the tallest building on any property adjacent to the proposed 215 development, the highest currently allowed, or allowed on July 216 1, 2023, height for the property provided in the municipality’s 217 land development regulations, or three stories, whichever is 218 higher, not to exceed 10 stories.

For the purposes of this 219 paragraph, the term “adjacent to” means those properties sharing 220 more than one point of a property line, but does not include 221 properties separated by a public road or body of water, 222 including manmade lakes or ponds. For a proposed development 223 located within a municipality within an area of critical state 224 concern as designated by s. 380.0552 or

chapter 28-36, Florida 225 Administrative Code, the term “story” includes only the 226 habitable space above the base flood elevation as designated by 227 the Federal Emergency Management Agency in the most current 228 Flood Insurance Rate Map. A story may not exceed 10 feet in 229 height measured from finished floor to finished floor, including 230 space for mechanical equipment. The highest story may not exceed 231 10 feet from finished floor to the top plate. 232

Florida Senate - 2026 SB 1548 38-01065A-26 20261548__ Page 9 of 13 CODING: Words stricken are deletions; words underlined are additions. 3.

If the proposed development is on a parcel with a 233 contributing structure or building within a historic district 234 which was listed in the National Register of Historic Places 235 before January 1, 2000, or is on a parcel with a structure or 236 building individually listed in the National Register of 237 Historic Places, the municipality may restrict the height of the 238 proposed development to the highest currently allowed, or 239 allowed on July 1, 2023, height for a commercial or residential 240 building located in its jurisdiction within three-fourths of a 241 mile of the proposed development or three stories, whichever is 242 higher.

The term “highest currently allowed” in this paragraph 243 includes the maximum height allowed for any building in a zoning 244 district irrespective of any conditions. 245 (

n) As used in this subsection, the term: 246 1. “Commercial use” means activities associated with the 247 sale, rental, or distribution of products or the performance of 248 services related thereto. The term includes, but is not limited 249 to, such uses or activities as retail sales; wholesale sales; 250 rentals of equipment, goods, or products; offices; restaurants; 251 public lodging establishments as described in s. 509.242(1)(a); 252 food service vendors; sports arenas; theaters; tourist 253 attractions; and other for-profit business activities.

A parcel 254 zoned to permit such uses by right without the requirement to 255 obtain a variance or waiver is considered commercial use for the 256 purposes of this section, irrespective of the local land 257 development regulation’s listed category or title. The term does 258 not include home-based businesses or cottage food operations 259 undertaken on residential property, public lodging 260 establishments as described in s. 509.242(1)(c), or uses that 261

Florida Senate - 2026 SB 1548 38-01065A-26 20261548__ Page 10 of 13 CODING: Words stricken are deletions; words underlined are additions. are accessory, ancillary, incidental to the allowable uses, or 262 allowed only on a temporary basis. Recreational uses, such as 263 golf courses, tennis courts, swimming pools, and clubhouses, 264 within an area designated for residential use are not commercial 265 use, irrespective of how they are operated.

Farms and farm 266 operations as those terms are defined in s. 823.14(3) and uses 267 associated therewith, including the packaging and sale of 268 products raised on the premises, are not commercial use. 269 2. “Industrial use” means activities associated with the 270 manufacture, assembly, processing, or storage of products or the 271 performance of services related thereto.

The term includes, but 272 is not limited to, such uses or activities as automobile 273 manufacturing or repair, boat manufacturing or repair, junk 274 yards, meat packing facilities, citrus processing and packing 275 facilities, produce processing and packing facilities, 276 electrical generating plants, water treatment plants, sewage 277 treatment plants, and solid waste disposal sites.

A parcel zoned 278 to permit such uses by right without the requirement to obtain a 279 variance or waiver is considered industrial use for the purposes 280 of this section, irrespective of the local land development 281 regulation’s listed category or title. The term does not include 282 uses that are accessory, ancillary, incidental to the allowable 283 uses, or allowed only on a temporary basis. Recreational uses, 284 such as golf courses, tennis courts, swimming pools, and 285 clubhouses, within an area designated for residential use are 286 not industrial use, irrespective of how they are operated.

Farms 287 and farm operations as those terms are defined in s. 823.14(3) 288 and uses associated therewith, including the packaging and sale 289 of products raised on the premises, are not industrial use. 290

Florida Senate - 2026 SB 1548 38-01065A-26 20261548__ Page 11 of 13 CODING: Words stricken are deletions; words underlined are additions. 3. “Mixed use” means any use that combines multiple types 291 of approved land uses from at least two of the residential use, 292 commercial use, and industrial use categories.

The term does not 293 include uses that are accessory, ancillary, incidental to the 294 allowable uses, or allowed only on a temporary basis. 295 Recreational uses, such as golf courses, tennis courts, swimming 296 pools, and clubhouses, within an area designated for residential 297 use are not mixed use, irrespective of how they are operated. 298 4. “Planned unit development” has the same meaning as 299 provided in s. 163.3202(5)(b). 300

Section 3.

An applicant for a proposed development 301 authorized under s. 125.01055(7), Florida Statutes, or s. 302 166.04151(7), Florida Statutes, who submitted an application, a 303 written request, or a notice of intent to use such provisions to 304 the county or municipality and which application, written 305 request, or notice of intent has been received by the county or 306 municipality, as applicable, before July 1, 2026, may notify the 307 county or municipality by July 1, 2026, of its intent to proceed 308 under the provisions of s. 125.01055(7), Florida Statutes, or s. 309 166.04151(7), Florida Statutes, as they existed at the time of 310 submittal.

A county or municipality, as applicable, shall allow 311 an applicant who submitted such an application, written request, 312 or notice of intent before July 1, 2026, the opportunity to 313 submit a revised application, written request, or notice of 314 intent to account for the changes made by this act. 315

Section 4. Subsection (5) of

section 333.03, Florida 316 Statutes, is amended to read: 317 333.03 Requirement to adopt airport zoning regulations.— 318

(5) Sections 125.01055(7) and 166.04151(7) do not apply to 319

Florida Senate - 2026 SB 1548 38-01065A-26 20261548__ Page 12 of 13 CODING: Words stricken are deletions; words underlined are additions. any of the following, unless the respective application is 320 approved by the governing body of the airport: 321 (

a) A proposed development near a runway within one-quarter 322 of a mile laterally from the runway edge and within an area that 323 is the width of one-quarter of a mile extending at right angles 324 from the end of the runway for a distance of 10,000 feet of any 325 existing airport runway or planned airport runway identified in 326 the local government’s airport master plan. 327 (

b) A proposed development within any airport noise zone 328 identified in the federal land use compatibility table or in a 329 land-use zoning or airport noise regulation adopted by the local 330 government. 331 (

c) A proposed development that exceeds maximum height 332 restrictions identified in the political subdivision’s airport 333 zoning regulation adopted pursuant to this section. 334

Section 5. Subsection (8) of

section 760.22, Florida 335 Statutes, is amended to read: 336 760.22

Definitions.—As used in ss. 760.20-760.37, the term: 337 (8) “Person” includes one or more individuals, 338 corporations, partnerships, associations, labor organizations, 339 legal representatives, mutual companies, joint-stock companies, 340 trusts, unincorporated organizations, trustees, trustees in 341 bankruptcy, receivers, and fiduciaries, agencies, governmental 342 entities, and other legal or commercial entities. 343

Section

Section 760.26, Florida Statutes, is amended to 344 read: 345 760.26 Prohibited discrimination in land use decisions and 346 in permitting of development.—It is unlawful to discriminate in 347 land use decisions or in the permitting of development based on 348

Florida Senate - 2026 SB 1548 38-01065A-26 20261548__ Page 13 of 13 CODING: Words stricken are deletions; words underlined are additions. race, color, national origin, sex, disability, familial status, 349 or religion, or, except as otherwise provided by law, based on 350 the source of financing of a development or proposed 351 development, including, but not limited to, financing of a 352 development or on a proposed development for housing that is 353 affordable as defined in s. 420.0004. 354

Section 7. Subsection (4) of

section 760.35, Florida 355 Statutes, is amended to read: 356 760.35 Civil actions and relief; administrative 357 procedures.— 358

(4) If the court finds that a person has engaged in a 359 discriminatory housing practice has occurred, it must shall 360 issue an order prohibiting the practice and providing 361 affirmative relief from the effects of the practice, including 362 injunctive and other equitable relief, actual and punitive 363 damages, and reasonable attorney fees and costs. In accordance 364 with s. 13, Art. X of the State Constitution, the state, for 365 itself and its agencies or political subdivisions, waives 366 sovereign immunity for a cause of action based upon the 367 application of this section. Such waiver is limited only to 368 actions brought under this section. 369

Section 8. This act shall take effect July 1, 2026. 370