SB 218 — Land Use Regulations

Florida Senate - 2026 CS for SB 218 By Senatorthe GaetzCommittee 1-00206A-26on 2026218__Rules; A bill to be entitled An act relating to land use regulations;

amendingand chapterSenators 2025-190,Gaetz Lawsand ofTrumbull Florida;595-03199-26 2026218c1 A bill to be entitled An act relating to land use regulations;

makingproviding conformingapplicability; changes;

providing for retroactive application;

86 Be It Enacted by the Legislature of the State of Florida:

8 Section 1.

Section(1) 28As ofused chapterin 2025-190,this Lawssection, ofthe Florida,term is“impacted amendedlocal togovernment” read:means a county listed in the Federal Disaster Declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR- 4828), or Hurricane Milton (DR-4834) which was designated or within which a tribal area was designated as eligible for both individual assistance and public assistance under the Robert T.

Section 28.

(1) As used in this section, the term “impacted local government” means a county listed in the Federal Disaster Declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR-4828), or Hurricane Milton (DR-4834) which was designated or within which a tribal area was designated as eligible for both individual assistance and public assistance under the Robert T.

(2) AnEffective impactedJuly local1, government2026, Eachsection county28 listedof inchapter the2025-190, FederalLaws Disasterof DeclarationFlorida, forapplies Hurricaneonly Debbyto (DR-4806),a Hurricanecounty Helene (DR-4828), or Hurricane Milton (DR-4834), and each municipality withinthat oneis ofan thoseimpacted counties,local maygovernment. not propose or adopt any moratorium on construction, reconstruction, or redevelopment of any property damaged by Hurricane Debby, Hurricane Helene, or Hurricane Milton such hurricanes;

propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations;

or propose Page 1 of 3 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 SB 218 1-00206A-26 2026218__ or adopt more restrictive or burdensome procedures concerning review, approval, or issuance of a site plan, development permit, or development order, to the extent that those terms are defined by s.

163.3164, Florida Statutes, before October 1, 2027, and any such moratorium or restrictive or burdensome comprehensive plan amendment, land development regulation, or procedure shall be null and void ab initio.

This subsection applies retroactively to August 1, 2024.

(3)(2) Notwithstanding subsection (2) (1), any comprehensive plan amendment, land development regulation amendment, site plan, development permit, or development order approved or adopted by an impacted local government a county or municipality before or after the effective date of this act may be enforced if:

(a) The associated application is initiated by a private party other than the impacted local government county or municipality.

(b) The property that is the subject of the application is owned by the initiating private party.

(4)(a)(3)(a) A resident of or the owner of a business in an impacted local government a county or municipality may bring a civil action for declaratory and injunctive relief against the impacted local government county or municipality for a violation of this section.

Pending adjudication of the action and upon filing of a complaint showing a violation of this section, the resident or business owner is entitled to a preliminary injunction against the impacted local government county or municipality preventing implementation of the moratorium or the comprehensive plan amendment, land development regulation, or Page 2 of 3 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 SB 218 1-00206A-26 2026218__ procedure.

If such civil action is successful, the resident or business owner is entitled to reasonable attorney fees and costs.

(b) Attorney fees and costs and damages may not be awarded pursuant to this subsection if:

1.

The resident or business owner provides the governing body of the impacted local government county or municipality written notice that a proposed or enacted moratorium, comprehensive plan amendment, land development regulation, or procedure is in violation of this section;

and 2.

The governing body of the impacted local government county or municipality withdraws the proposed moratorium, comprehensive plan amendment, land development regulation, or procedure within 14 days;

or, in the case of an adopted moratorium, comprehensive plan amendment, land development regulation, or procedure, the governing body of an impacted local government a county or municipality notices an intent to repeal within 14 days after receipt of the notice and repeals the moratorium, comprehensive plan amendment, land development regulation, or procedure within 14 days thereafter.

(5)(4) This section expires June 30, 2028.

The amendments made by this act to s.

28 of chapter 2025-190, Laws of Florida, apply retroactively to August 1, 2024.

Section 3.

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