Florida Senate - 2026 SB 1342 By Senator Rouson 16-01072A-26 20261342__ Page 1 of 11 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to transportation infrastructure land 2 development regulations; providing a

short title; 3 creating s. 163.32035, F.S.; providing legislative 4 findings; defining terms; requiring the governing body 5 of a county or municipality to adopt an ordinance, and 6 the governing body of a special district to adopt a 7 resolution, establishing specified transit-oriented 8 development (TOD) zones and rural livable urban 9 village (LUV) areas by a certain date; requiring a 10 local government to zone for mixed use, and authorize 11 certain commercial uses for, lots within TOD zones and 12 rural LUV areas; defining the term “mixed use”; 13 prohibiting a local government from imposing certain 14 building regulations in specified TOD zones and rural 15 LUV areas; prohibiting the reduction or elimination of 16 TOD zones after establishment; prohibiting a local 17 government from imposing certain regulations for lots 18 that contain historic property; providing an 19 exception; providing a private cause of action for 20 certain real property owners and housing 21 organizations; defining the term “housing 22 organization”; specifying the procedure for such 23 actions; authorizing the award of specified relief; 24 providing that a prevailing plaintiff is entitled to 25 attorney fees and costs; providing a waiver of 26 sovereign immunity; encouraging public transit 27 providers, public agencies, and local governments to 28 develop land within specified TOD zones; requiring 29

Florida Senate - 2026 SB 1342 16-01072A-26 20261342__ Page 2 of 11 CODING: Words stricken are deletions; words underlined are additions. that net proceeds from such development be kept in a 30 specified fund for certain purposes; providing an 31 effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35

Section 1. This act may be cited as the “Transit-Oriented 36 Development Act” or the “TOD Act.” 37

Section

Section 163.32035, Florida Statutes, is created 38 to read: 39 163.32035 Land development regulations; regulation of 40 housing near transportation infrastructure.— 41

(1) The Legislature finds that: 42 (

a) The median price of homes in this state increased 43 steadily in the decade preceding 2026, rising at a greater rate 44 of increase than the median income in this state. 45 (

b) There is a housing shortage in this state which has 46 caused the costs of home ownership and renting to often exceed 47 an amount that is affordable for residents of this state. 48 (

c) There is chronic traffic congestion on roadways in this 49 state which constrains economic activity across this state. 50 (

d) The housing shortage and chronic traffic congestion 51 constitute threats to the health, safety, and welfare of the 52 residents of this state and are caused, to a significant extent, 53 by land use and development regulations imposed by local 54 governments without a compelling governmental interest relating 55 to transit-oriented development. 56 (

e) Such regulations substantially burden the basic rights 57 under the State Constitution to acquire, possess, and protect 58

Florida Senate - 2026 SB 1342 16-01072A-26 20261342__ Page 3 of 11 CODING: Words stricken are deletions; words underlined are additions. property and inhibit the construction of transit-oriented 59 development and livable urban villages. 60 (

f) The optimal location to construct housing is near 61 transit infrastructure, such as rail systems and rapid transit 62 systems, to minimize the traffic congestion of new residents and 63 to maximize state investments in transportation. 64 (

g) The public purpose sought to be achieved by allowing 65 housing and commercial development near transit infrastructure 66 and in livable urban villages is to increase the supply of 67 housing near transit infrastructure and reduce chronic traffic 68 congestion, thereby making homeownership and renting more 69 affordable, increasing economic activity across this state, and 70 maximizing state investments in transportation. 71

(2) As used in this section, the term: 72 (a) “Adjacent” means that two lots share more than one 73 point of a property line.

Lots are not adjacent if separated by 74 a body of water, including manmade lakes or ponds, or by a 75 public easement or other right-of-way, including roads, 76 railroads, or canals. 77 (b) “Adjacent to a single-family home” means adjacent to a 78 lot that is one of at least 25 contiguous residential lots, all 79 of which contain single-family detached homes on the date a 80 development application is submitted. 81 (c) “Building height” means the number of stories or the 82 number of feet measured above grade or, if applicable, above the 83 base flood elevation established by the Federal Emergency 84 Management Agency. 85 (d) “Compelling governmental interest” means a governmental 86 interest of the highest order that cannot be achieved through 87

Florida Senate - 2026 SB 1342 16-01072A-26 20261342__ Page 4 of 11 CODING: Words stricken are deletions; words underlined are additions. less restrictive means.

A compelling governmental interest must 88 have a real and substantial connection to protecting public 89 safety, health, or reasonable enjoyments and expectations of 90 property, such as requiring structural integrity, safe plumbing, 91 or safe electricity of buildings, or preventing and abating 92 nuisances. 93 (e) “Livable urban village” or “LUV” means an area where 94 residential development is allowed on lots that are zoned for 95 commercial, industrial, and mixed use, so that housing may be 96 constructed near amenities and jobs. 97 (f) “Local government” means a county, municipality, or 98 special district. 99 (g) “Lot” means a parcel, tract, tier, block, site, unit, 100 or any other division of land that is: 101 1.

Zoned for residential, commercial, industrial, or mixed 102 use; or 103 2.

Partly or wholly located within a flexibly zoned area 104 where development is permitted for a use thereof, 105 106 and is not located within an area of critical state concern 107 designated pursuant to s. 380.05. 108 (h) “Nuisance” means persistent activity that injures the 109 physical condition or interferes with the use of adjacent land, 110 is injurious to health or safety, or objectively offends the 111 senses. 112 (i) “Permanent public transit stop” means a stop or station 113 for a bus rapid transit service, a rail service, a commuter rail 114 service as defined in s. 341.301, an intercity rail 115 transportation system as defined in s. 341.301, or a fixed-116

Florida Senate - 2026 SB 1342 16-01072A-26 20261342__ Page 5 of 11 CODING: Words stricken are deletions; words underlined are additions. guideway transportation system as defined in 341.031(2). The 117 term does not include a stop or station for a people-mover 118 system in a public-use airport as defined in s. 332.004 or an 119 intercity rail transportation system in a rural community as 120 defined in s. 288.0656(2). 121 (j) “Population” means, for a county or municipality, the 122 highest of the following population estimates: 123 1. The most recent decennial United States Census. 124 2.

The most recent United States Census Bureau American 125 Community Survey 5-year estimate. 126 3.

The most recent United States Census Bureau American 127 Community Survey 1-year estimate. 128 (k) “Rural LUV area” means an area composed of lots that 129 are located in the county seat, or the largest municipality by 130 population, of a county that is a rural community as defined in 131 s. 288.0656(2), which lots are zoned for commercial, industrial, 132 or mixed use or are partly or wholly within a flexibly zoned 133 area where development is permitted for commercial, industrial, 134 or mixed use. 135 (l) “Tier 1 TOD zone” means the area of all lots partly or 136 wholly within a one-quarter mile radius of a permanent public 137 transit stop that is open for use on or after January 1, 2026. 138 (m) “Tier 2 TOD zone” means the area of all lots partly or 139 wholly within a one-quarter mile to one-half mile radius of a 140 permanent public transit stop that is open for use on or after 141 January 1, 2026, excluding any lot within a Tier 1 TOD zone. 142 (n) “Transit-oriented development” or “TOD” means a mixed-143 use development that is all of the following: 144 1.

High density or high intensity. 145

Florida Senate - 2026 SB 1342 16-01072A-26 20261342__ Page 6 of 11 CODING: Words stricken are deletions; words underlined are additions. 2. Located near a permanent public transit stop. 146 3. Intended to promote transportation by walking, 147 bicycling, or public transit. 148 (3)(

a) By December 1, 2026, the governing body of a county 149 or municipality shall adopt an ordinance, and the governing body 150 of a special district shall adopt a resolution, establishing 151 Tier 1 TOD zones, Tier 2 TOD zones, and rural LUV areas. 152 1. For all lots located within a Tier 1 TOD zone, a Tier 2 153 TOD zone, or a rural LUV area, a local government shall do all 154 of the following: 155 a. Zone the lots for mixed use.

For purposes of this sub-156 subparagraph, the term “mixed use” means that residential use, 157 commercial use, and a combination thereof are allowable uses, in 158 addition to any existing industrial use, if applicable. 159 b. Authorize commercial uses that include, but are not 160 limited to, hotels; restaurants; offices, including medical and 161 dental offices; financial services, including banks and credit 162 unions; and retail sales and services, including grocery stores 163 and pharmacies. 164 2. In Tier 1 TOD zones, a local government may not impose 165 any of the following: 166 a.

A maximum building height of less than 8 stories or 85 167 feet, or less than 4 stories or 45 feet for lots adjacent to a 168 single-family home. 169 b. A maximum floor area ratio for residential use of less 170 than 6.0, or less than 3.0 for lots adjacent to a single-family 171 home. 172 c. A maximum floor area ratio for commercial use of less 173 than 3.0, or less than 2.0 for lots adjacent to a single-family 174

Florida Senate - 2026 SB 1342 16-01072A-26 20261342__ Page 7 of 11 CODING: Words stricken are deletions; words underlined are additions. home. 175 d. Any minimum setback requirement for the side, front, and 176 rear property lines. 177 e. A requirement that greater than 10 percent of the lot 178 area be reserved for open space or permeable surface. 179 f.

A required minimum number of parking spaces. 180 181 The maximum building heights and floor area ratios specified in 182 this subparagraph are doubled for any lot located partly or 183 wholly within a county with a population that exceeds 800,000 or 184 within a municipality with a population that exceeds 75,000. 185 3. In Tier 2 TOD zones, a local government may not impose 186 any of the following: 187 a. A maximum building height of less than 4 stories or 45 188 feet, or less than 3 stories or 35 feet for lots adjacent to a 189 single-family home. 190 b.

A maximum floor area ratio for residential use of less 191 than 3.0, or less than 2.0 for lots adjacent to a single-family 192 home. 193 c. A maximum floor area ratio for commercial use of less 194 than 3.0, or less than 2.0 for lots adjacent to a single-family 195 home. 196 d. Any minimum setback requirement for the side, front, or 197 rear property lines. 198 e. A requirement that greater than 20 percent of the lot 199 area be reserved for open space or permeable surface. 200 f. A required minimum number of parking spaces. 201 202 The maximum building heights and floor area ratios specified in 203

Florida Senate - 2026 SB 1342 16-01072A-26 20261342__ Page 8 of 11 CODING: Words stricken are deletions; words underlined are additions. this subparagraph are doubled for any lot located partly or 204 wholly within a county with a population that exceeds 800,000 or 205 within a municipality with a population that exceeds 75,000. 206 4. In rural LUV areas, a local government may not impose 207 any of the following: 208 a. A maximum building height of less than 4 stories or 45 209 feet. 210 b. A maximum floor area ratio for residential use of less 211 than 3.0. 212 c.

A maximum floor area ratio for commercial use of less 213 than 2.0. 214 d. A minimum setback requirement of greater than 0 feet 215 from the side property lines, 10 feet from the rear property 216 line, or 20 feet from the front property line. 217 e. A requirement that greater than 30 percent of the lot 218 area be reserved for open space or permeable surface. 219 f. A required minimum number of parking spaces greater than 220 1 per residential dwelling unit. 221 5. For a lot within a TOD zone or rural LUV area, a local 222 government may not impose any of the following: 223 a.

Any limitation, restriction, or prohibition regarding 224 any type of single-family or multifamily use. 225 b. A maximum density, such as a maximum number of dwelling 226 units per acre. 227 c. A minimum size for dwellings or dwelling units greater 228 than that required by the Florida Building Code. 229 (

b) A TOD zone established pursuant to this subsection may 230 not be reduced or eliminated thereafter, including for the 231 closure of a permanent public transit stop after the TOD zone is 232

Florida Senate - 2026 SB 1342 16-01072A-26 20261342__ Page 9 of 11 CODING: Words stricken are deletions; words underlined are additions. established. 233

(4) A local government may not impose a regulation that 234 prohibits, limits, or otherwise restricts residential or 235 commercial development authorized within a TOD zone under this 236

section for any lot that contains historic property as defined 237 in s. 267.021, except for any regulation that prohibits, limits, 238 or otherwise restricts demolition or alteration of a structure 239 or building that is individually listed in the National Register 240 of Historic Places or that is a contributing structure or 241 building within a historic district which was listed in the 242 National Register of Historic Places before January 1, 2000. 243 (5)(

a) A real property owner or housing organization that 244 is aggrieved or adversely affected by a regulation imposed by a 245 local government in violation of this

section may maintain a 246 cause of action for damages in the county in which the real 247 property is located. As used in this paragraph, the term 248 “housing organization” means a trade or industry group that 249 constructs or manages housing units, a nonprofit organization 250 that provides or advocates for increased access or reduced 251 barriers to housing, or a nonprofit organization that is engaged 252 in public policy research, education, or outreach that includes 253 housing-policy-related issues. 254 (b)1. In a proceeding under this subsection, an aggrieved 255 or adversely affected party is entitled to the

summary procedure 256 provided in s. 51.011, and the court shall advance the cause on 257 the calendar. The court shall review the evidence de novo and 258 enter written findings of fact based on the preponderance of the 259 evidence that a local government has imposed a regulation in 260 violation of this section. 261

Florida Senate - 2026 SB 1342 16-01072A-26 20261342__ Page 10 of 11 CODING: Words stricken are deletions; words underlined are additions. 2. An aggrieved or adversely affected party shall prevail 262 in an action filed under this subsection unless the local 263 government demonstrates to the court by clear and convincing 264 evidence that the regulation is: 265 a. In furtherance of a compelling governmental interest; 266 and 267 b. The least restrictive means of furthering the compelling 268 governmental interest. 269 (

c) The court may do any of the following: 270 1. Enter a declaratory judgment as provided by

chapter 86. 271 2. Issue a writ of mandamus. 272 3. Issue an injunction to prevent a violation of this 273 section. 274 4. Remand the matter to the land development regulation 275 commission for action consistent with the judgment. 276 (

d) The prevailing plaintiff is entitled to recover 277 reasonable attorney fees and costs, including reasonable 278 appellate attorney fees and costs. 279

(6) Sovereign immunity is waived for local governments to 280 the extent that liability is created under this section. 281

(7) A public transit provider as defined in s. 341.031(1) 282 is encouraged to develop land within Tier 1 and Tier 2 TOD zones 283 in accordance with this section. Any net proceeds from such 284 development shall be kept in the public transit agency’s fund 285 for operations, maintenance, and capital improvements. Public 286 agencies, such as the Department of Transportation and local 287 governments, are also encouraged to develop the land within Tier 288 1 and Tier 2 TOD zones in accordance with this

section and to 289 transfer a portion of the net proceeds to the public transit 290

Florida Senate - 2026 SB 1342 16-01072A-26 20261342__ Page 11 of 11 CODING: Words stricken are deletions; words underlined are additions. agency’s fund for operations, maintenance, and capital 291 improvements. 292

Section 3. This act shall take effect July 1, 2026. 293