Florida 2026 Session Status: Passed Senate Bipartisan · 3 R · 2 D cosponsors

SB 948 — Local Government Land Development Regulations and Orders

Last action — Died in Judiciary, companion bill(s) passed, see CS/CS/CS/HB 399 (Ch. 2026-7), CS/CS/HB 803 (Ch. 2026-63)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced December 17, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 72% · high confidence
  • Passed Senate

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 2 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Local Government Land Development Regulations and Orders; Requiring counties and municipalities, respectively, to follow certain application procedures for applications for certain development permits and development orders; creating the “Florida Starter Homes Act” for a specified purpose; prohibiting local governments from imposing regulations governing residential lots unless such regulations meet specified requirements; prohibiting local governments from imposing certain regulations if a residential lot is connected to a public water system and a sewerage system; requiring the permitting as of right of an off-site constructed residential dwelling in certain zoning districts, etc.

Bill Text

What changed in the latest version

588 added · 656 removed

588 line(s) added, 656 removed.

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Florida Senate - 2026 SB 948 By Senator McClain 9-01071-26 2026948__ A bill to be entitled An act relating to local government land development regulations and orders;
Florida Senate - 2026 CS for SB 948 By the Committee on Community Affairs;
and Senators McClain, Rodriguez, DiCeglie, Smith, and Rouson 578-02268-26 2026948c1 A bill to be entitled An act relating to local government land development regulations and orders;
revising, for counties and municipalities, respectively, the application procedures for development permits and orders;
providing applicability;
requiring counties and municipalities, respectively, to follow certain application procedures for applications for certain development permits and development orders;
creating the “Florida Starter Homes Act”;
creating the “Florida Starter Homes Act” for a specified purpose;
prohibiting local governments from adopting land development regulations governing lots on residential real property unless such adoption meets specified requirements;
prohibiting local governments from imposing regulations governing residential lots unless such regulations meet specified requirements;
prohibiting local governments from adopting certain land development regulations if a lot on residential real property is connected to a public water system or a public sewer system;
prohibiting local governments from imposing certain regulations if a residential lot is connected to a public water system and a sewerage system;
requiring that land development regulations adopted by a local government allow lots to front or abut a shared space instead of a public right-of-way;
requiring that regulations imposed by a local government allow residential lots to front or abut a shared space instead of a public right-of-way;
prohibiting such regulations from requiring a minimum number of parking spaces for specified lots;
prohibiting a local government from imposing regulations that require more than a certain minimum number of parking spaces for specified residential lots;
defining the term “public transit stop”;
prohibiting a local government from imposing certain regulations on residential lots that contain historic property;
limiting the criteria that may be required by local governments in applications for the proposed development of lot splits;
providing exceptions;
establishing an application process for such proposed developments;
requiring that local government regulations include a certain process;
prohibiting land development regulations adopted by local governments governing lot splits on historic property from varying from other specified Page 1 of 21 CODING:
requiring the approval of a lot split under certain circumstances;
limiting the criteria that may be required by local Page 1 of 19 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ regulations;
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 governments for applications for and approvals of lot splits;
providing an exception;
establishing an application process for development applications for residential lots;
establishing a cause of action;
requiring a local government to process such applications in a certain manner within certain timeframes;
authorizing the award of specified remedies;
requiring the approval of such development applications by right under certain circumstances;
providing for waiver of sovereign immunity;
authorizing an applicant to request, and requiring the local government to grant, certain extensions;
prohibiting a local government from imposing, or from requiring an applicant to request, such an extension;
providing that certain applications are deemed approved by right under certain circumstances;
requiring a local government to issue to an applicant a refund of the application fee under certain circumstances;
authorizing certain property owners and housing organizations to maintain a cause of action under certain circumstances;
defining the term “housing organization”;
specifying the procedure for such actions;
authorizing the award of specified relief;
providing that a prevailing plaintiff is entitled to attorney fees and costs;
providing a waiver of sovereign immunity;
providing construction;
providing retroactive application;
providing for liberal construction;
providing that certain local government regulations are void and unenforceable to a specified extent;
177.071, F.S.;
163.514, F.S.;
revising the application procedures for administrative approval of plats or replats;
authorizing the board of a neighborhood improvement district to plan, Page 2 of 19 CODING:
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.
Section 125.022, Florida Statutes, is amended to read:
125.022 Development permits and orders.— (1) As used in this section, the terms “development permit” and “development order” have the same meanings as in s.
163.3164, but do not include building permits.
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(2)(1) A county shall specify in writing the minimum information that must be submitted in an application for a zoning approval, rezoning approval, subdivision approval, certification, special exception, or variance.
A county shall make the minimum information available for inspection and copying at the location where the county receives applications for development permits and orders, provide the information to the applicant at a preapplication meeting, or post the information on the county’s website.
(3) A county shall follow the application procedures established in s.
163.3254(6) upon receiving an application for approval of a development permit or development order.
(2) Within 5 business days after receiving an application Page 2 of 21 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ for approval of a development permit or development order, a county shall confirm receipt of the application using contact information provided by the applicant.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 finance, or complete structural safety or building compliance improvements if approved by a majority vote of the district’s residents or by a certain advisory council;
Within 30 days after receiving an application for approval of a development permit or development order, a county must review the application for completeness and issue a written notification to the applicant indicating that all required information is submitted or specify in writing with particularity any areas that are deficient.
amending s.
If the application is deficient, the applicant has 30 days to address the deficiencies by submitting the required additional information.
177.071, F.S.;
For applications that do not require final action through a quasi-judicial hearing or a public hearing, the county must approve, approve with conditions, or deny the application for a development permit or development order within 120 days after the county has deemed the application complete.
providing applicability;
For applications that require final action through a quasi-judicial hearing or a public hearing, the county must approve, approve with conditions, or deny the application for a development permit or development order within 180 days after the county has deemed the application complete.
requiring an administrative authority to follow certain application procedures for applications for certain plats and replats;
Both parties may agree in writing or in a public meeting or hearing to an extension of time, particularly in the event of a force majeure or other extraordinary circumstance.
amending s.
An approval, approval with conditions, or denial of the application for a development permit or development order must include written findings supporting the county’s decision.
553.382, F.S.;
The timeframes contained in this subsection do not apply in an area of critical state concern, as designated in s.
authorizing the placement of a residential manufactured building on any lot in a recreational vehicle park;
380.0552.
conforming provisions to changes made by the act;
The timeframes contained in this subsection restart if an applicant makes a substantive Page 3 of 21 CODING:
creating s.
553.385, F.S.;
defining the terms “local government” and “off-site constructed residential dwelling”;
requiring the permitting as of right of an off-site constructed residential dwelling in certain zoning districts;
prohibiting a local government from adopting or enforcing certain regulations;
providing construction;
authorizing a local government to adopt compatibility standards that are limited to certain architectural features;
prohibiting a local government from treating off-site constructed residential dwellings differently than factory-built buildings based on certain circumstances;
prohibiting a local government from adopting or enforcing certain zoning, land use, or development ordinances and regulations;
prohibiting local government ordinances and regulations from having certain effects;
providing that certain local government ordinances and regulations are void and unenforceable to a specified extent;
providing an Page 3 of 19 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ change to the application.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 effective date.
As used in this subsection, the term “substantive change” means an applicant-initiated change of 15 percent or more in the proposed density, intensity, or square footage of a parcel.
90 Be It Enacted by the Legislature of the State of Florida:
(3)(a) When reviewing an application for a development permit or development order that is certified by a professional listed in s.
92 Section 1.
403.0877, a county may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing.
Subsection (10) is added to section 125.022, Florida Statutes, to read:
(b) If a county makes a request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the county must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 30 days after receiving the additional information.
125.022 Development permits and orders.— (10) Subsections (2), (3), and (4) do not apply to an application for approval of a development permit or development order for a residential lot as defined in s.
(c) If a county makes a second request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the county must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 10 days after receiving the additional information.
163.3254(3).
(d) Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues.
For such applications, the county shall follow the application procedures established in s.
If a county makes a third request for additional information and the applicant submits the required additional information within 30 days after receiving the Page 4 of 21 CODING:
163.3254(7).
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 948 9-01071-26 2026948__ request, the county must deem the application complete within 10 days after receiving the additional information or proceed to process the application for approval or denial unless the applicant waived the county’s limitation in writing as described in paragraph (a).
(e) Except as provided in subsection (7), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the county, at the applicant’s request, shall proceed to process the application for approval or denial.
(4) A county must issue a refund to an applicant equal to:
(a) Ten percent of the application fee if the county fails to issue written notification of completeness or written specification of areas of deficiency within 30 days after receiving the application.
(b) Ten percent of the application fee if the county fails to issue a written notification of completeness or written specification of areas of deficiency within 30 days after receiving the additional information pursuant to paragraph (3)(b).
(c) Twenty percent of the application fee if the county fails to issue a written notification of completeness or written specification of areas of deficiency within 10 days after receiving the additional information pursuant to paragraph (3)(c).
(d) Fifty percent of the application fee if the county fails to approve, approves with conditions, or denies the application within 30 days after conclusion of the 120-day or 180-day timeframe specified in subsection (2).
Page 5 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 948 9-01071-26 2026948__ (e) One hundred percent of the application fee if the county fails to approve, approves with conditions, or denies an application 31 days or more after conclusion of the 120-day or 180-day timeframe specified in subsection (2).
A county is not required to issue a refund if the applicant and the county agree to an extension of time, the delay is caused by the applicant, or the delay is attributable to a force majeure or other extraordinary circumstance.
(4)(5) When a county denies an application for a development permit or development order, the county shall give written notice to the applicant.
The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit or order.
(6) As used in this section, the terms “development permit” and “development order” have the same meaning as in s.
163.3164, but do not include building permits.
(5)(7) For any development permit application filed with the county after July 1, 2012, a county may not require as a condition of processing or issuing a development permit or development order that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the county action on the local development permit.
(6)(8) Issuance of a development permit or development order by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to Page 6 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 948 9-01071-26 2026948__ obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.
A county shall attach such a disclaimer to the issuance of a development permit and shall include a permit condition that all other applicable state or federal permits be obtained before commencement of the development.
(7)(9) This section does not prohibit a county from providing information to an applicant regarding what other state or federal permits may apply.
Section 166.033, Florida Statutes, is amended to read:
Subsection (10) is added to section 166.033, Florida Statutes, to read:
166.033 Development permits and orders.— (1) As used in this section, the terms “development permit” and “development order” have the same meanings as in s.
166.033 Development permits and orders.— (10) Subsections (2), (3), and (4) do not apply to an application for approval of a development permit or development order for a residential lot as defined in s.
163.3164, but do not include building permits.
163.3254(3).
(2)(1) A municipality shall specify in writing the minimum information that must be submitted for an application for a zoning approval, rezoning approval, subdivision approval, certification, special exception, or variance.
For such applications, the municipality shall follow the application procedures established in s.
A municipality shall make the minimum information available for inspection and copying at the location where the municipality receives applications for development permits and orders, provide the information to the applicant at a preapplication meeting, or post the information on the municipality’s website.
163.3254(7).
(3) A municipality shall follow the application procedures established in s.
Section 3.
163.3254(6) upon receiving an application for approval of a development permit or development order.
Section 163.3254, Florida Statutes, is created to read:
(2) Within 5 business days after receiving an application Page 7 of 21 CODING:
163.3254 Florida Starter Homes Act.—The Florida Starter Homes Act is created to make home ownership, renting, and leasing more affordable for the residents of this state by increasing the supply of housing for the residents of this state.
(1) This section may be cited as the “Florida Starter Homes Act.” Page 4 of 19 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ for approval of a development permit or development order, a municipality shall confirm receipt of the application using contact information provided by the applicant.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 (2) The Legislature finds that:
Within 30 days after receiving an application for approval of a development permit or development order, a municipality must review the application for completeness and issue a written notification to the applicant indicating that all required information is submitted or specify in writing with particularity any areas that are deficient.
(a) The median price of homes in this state has increased steadily in the decade preceding 2026, rising at a greater rate of increase than the median income in this state.
If the application is deficient, the applicant has 30 days to address the deficiencies by submitting the required additional information.
(b) There is a housing shortage in this state which constitutes a threat to the health, safety, and welfare of the residents of this state, and this shortage has caused the costs of home ownership, renting, and leasing to often exceed an amount that is affordable for residents of this state.
For applications that do not require final action through a quasi-judicial hearing or a public hearing, the municipality must approve, approve with conditions, or deny the application for a development permit or development order within 120 days after the municipality has deemed the application complete.
(c) The housing shortage is caused, to a significant extent, by regulations governing residential lots which have been imposed by local governments without a compelling governmental interest.
For applications that require final action through a quasi-judicial hearing or a public hearing, the municipality must approve, approve with conditions, or deny the application for a development permit or development order within 180 days after the municipality has deemed the application complete.
Such regulations substantially burden the basic right under the State Constitution to acquire, possess, and protect property.
Both parties may agree in writing or in a public meeting or hearing to an extension of time, particularly in the event of a force majeure or other extraordinary circumstance.
(d) Single-family detached homes, single-family attached homes, townhouses, duplexes, triplexes, and quadruplexes are affordable starter homes for residents of this state to own, rent, or lease.
An approval, approval with conditions, or denial of the application for a development permit or development order must include written findings supporting the municipality’s decision.
(e) Regulations governing residential lots which have been imposed by local governments do not encourage a high degree of flexibility relating to residential development, and such regulations prevent the development of starter homes on residential lots smaller in size, due, in part, to minimum lot size requirements and restrictions on the types of dwellings allowed to be constructed on residential lots.
The timeframes contained in this subsection do not apply in an area of critical state concern, as designated in s.
(f) The important public purpose sought to be achieved by allowing starter homes on residential lots that are smaller in size is to increase the supply of housing, which will make home Page 5 of 19 CODING:
380.0552 or chapter 28-36, Florida Administrative Code.
The Page 8 of 21 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ timeframes contained in this subsection restart if an applicant makes a substantive change to the application.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 ownership, renting, and leasing more affordable for the residents of this state.
As used in this subsection, the term “substantive change” means an applicant- initiated change of 15 percent or more in the proposed density, intensity, or square footage of a parcel.
(3) For purposes of this section, the term:
(3)(a) When reviewing an application for a development permit or development order that is certified by a professional listed in s.
(a) “Business day” means all calendar days except Saturdays, Sundays, and holidays under s.
403.0877, a municipality may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing.
110.117(1).
(b) If a municipality makes a request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 30 days after receiving the additional information.
(b) “By right” means administrative approval as a matter of right by a local government of a development application that objectively complies with applicable zoning regulations and for which the local government may not impose a public hearing;
(c) If a municipality makes a second request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 10 days after receiving the additional information.
any action by a governing body, reviewing body, or quasi-judicial body;
(d) Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues.
a variance;
If a municipality makes a third request for Page 9 of 21 CODING:
a conditional use permit, special permit, or special exception;
or any other discretionary regulation.
(c) “Compelling governmental interest” means a governmental interest of the highest order which cannot be achieved through less restrictive means.
A compelling governmental interest must have a real and substantial connection to protecting public safety, health, or reasonable enjoyments and expectations of property, such as requiring the structural integrity, safe plumbing, or safe electricity of buildings, or preventing or abating nuisances.
(d) “Development” has the same meaning as in s.
380.04.
(e) “Development application” means an application for approval of any of the following:
1.
A lot split or subdivision.
2.
A plat or replat.
3.
A development bonus for additional height, density, or floor area ratio.
4.
The demolition of an existing structure, if the demolition objectively complies with applicable regulations.
Page 6 of 19 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must deem the application complete within 10 days after receiving the additional information or proceed to process the application for approval or denial unless the applicant waived the municipality’s limitation in writing as described in paragraph (a).
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 5.
(e) Except as provided in subsection (7), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the municipality, at the applicant’s request, shall proceed to process the application for approval or denial.
Any other development order or development permit as those terms are defined in s.
(4) A municipality must issue a refund to an applicant equal to:
163.3164, except for building permits.
(a) Ten percent of the application fee if the municipality fails to issue written notification of completeness or written specification of areas of deficiency within 30 days after receiving the application.
(f) “Dwelling unit” means a single unit formed by one or more rooms within a dwelling which is used, or is designed to be used, as a home, residence, or sleeping place for at least one person.
(b) Ten percent of the application fee if the municipality fails to issue written notification of completeness or written specification of areas of deficiency within 30 days after receiving the additional information pursuant to paragraph (3)(b).
(g) “Impose” means request or adopt, enact, establish, maintain, enforce, mandate, compel, force, or otherwise require.
(c) Twenty percent of the application fee if the municipality fails to issue written notification of completeness or written specification of areas of deficiency within 10 days after receiving the additional information pursuant to paragraph (3)(c).
(h) “Local government” means any county, municipality, or special district.
(d) Fifty percent of the application fee if the Page 10 of 21 CODING:
(i) “Lot” means a parcel, tract, tier, block, site, unit, or any other division of land.
(j) “Lot split” means the division of a parent parcel into no more than eight residential lots.
(k) “Nuisance” means persistent activity that injures the physical condition or interferes with the use of adjacent land, is injurious to health or safety, or objectively offends the senses.
(l) “Objectively” means in a way that involves no personal or subjective judgment by a public official and that is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the local government and the development applicant, development proponent, or property owner, as applicable.
(m) “Parent parcel” means the original lot from which subsequent lots are created.
(n) “Public transit stop” means a stop or station used for public purposes for transit services, including for a bus rapid Page 7 of 19 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ municipality fails to approve, approves with conditions, or denies the application within 30 days after conclusion of the 120-day or 180-day timeframe specified in subsection (2).
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 transit service, a bus system, a streetcar, a commuter rail service as defined in s.
(e) One hundred percent of the application fee if the municipality fails to approve, approves with conditions, or denies an application 31 days or more after conclusion of the 120-day or 180-day timeframe specified in subsection (2).
341.301, an intercity rail transportation system as defined in s.
A municipality is not required to issue a refund if the applicant and the municipality agree to an extension of time, the delay is caused by the applicant, or the delay is attributable to a force majeure or other extraordinary circumstance.
341.301, or a fixed- guideway transportation system as defined in s.
(4)(5) When a municipality denies an application for a development permit or development order, the municipality shall give written notice to the applicant.
341.031(2).
The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit or order.
The term does not include a stop or station for a people-mover system in a public-use airport as defined in s.
(6) As used in this section, the terms “development permit” and “development order” have the same meaning as in s.
332.004 or for an intercity rail transportation system in a rural community as defined in s.
163.3164, but do not include building permits.
288.0656(2).
(5)(7) For any development permit application filed with the municipality after July 1, 2012, a municipality may not require as a condition of processing or issuing a development permit or development order that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development Page 11 of 21 CODING:
(o) “Public water system” has the same meaning as in s.
403.852(2).
(p) “Regulation” means a comprehensive plan, a development order, or a land development regulation as those terms are defined in s.
163.3164 or any other local government ordinance, resolution, policy, action, procedure, condition, guideline, development agreement, or land development code.
(q) “Residential lot” means a lot that is zoned for residential use or on which at least one type of starter home is an existing or lawful use.
The term does not include a lot that is located within an area of critical state concern designated pursuant to s.
380.05.
(r) “Sewerage system” has the same meaning as in s.
403.031.
The term does not include an onsite sewage treatment and disposal system as defined in s.
403.031.
(s) “Shared space” means a driveway, an alley, or a common open space, such as a courtyard or pocket park.
(t) “Starter home” means a dwelling with one, two, three, or four dwelling units.
The term includes, but is not limited to, single-family detached homes, single-family attached homes, townhouses as defined in s.
481.203, duplexes, triplexes, and Page 8 of 19 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ permit.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 quadruplexes, and the curtilage thereof.
(6)(8) Issuance of a development permit or development order by a municipality does not create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.
(u) “Subdivision” means the division of a parent parcel into nine or more residential lots.
A municipality shall attach such a disclaimer to the issuance of development permits and shall include a permit condition that all other applicable state or federal permits be obtained before commencement of the development.
(7)(9) This section does not prohibit a municipality from providing information to an applicant regarding what other state or federal permits may apply.
Section 3.
Section 163.3254, Florida Statutes, is created to read:
163.3254 Florida Starter Homes Act.—The Florida Starter Homes Act is created to address the rising price of homes in this state and increase the supply of housing for the residents of this state.
(1) This section may be cited as the “Florida Starter Homes Act.” (2) The Legislature finds that:
(a) The median price of homes in this state has increased steadily over the last decade, rising at a greater rate of increase than the median income in this state.
(b) The cost of home ownership and renting or leasing often Page 12 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 948 9-01071-26 2026948__ exceeds an amount that is affordable for residents of this state.
(c) There is currently a housing shortage that constitutes a threat to the health, safety, and welfare of the residents of this state, and this shortage is caused in part by land development regulations adopted by local governments without a compelling governmental interest relating to lots on residential real property, which substantially burden the basic right under the State Constitution to acquire, possess, and protect property.
(d) Land development regulations adopted relating to lots on residential real property do not encourage a high degree of flexibility relating to residential development, and such regulations prevent the development of single-family homes on lots smaller in size, due, in part, to minimum lot size requirements and restrictions on the types of dwellings allowed to be constructed on such property.
(e) The public purpose sought to be achieved by allowing other types of dwelling units on lots smaller in size on residential real property is to increase the supply of housing, making homeownership and renting more affordable for the residents of this state.
(3) For purposes of this section, the term:
(a) “Compelling governmental interest” means a governmental interest of the highest order which cannot be achieved through less restrictive means.
A compelling governmental interest must have a real and substantial connection to protecting public safety, health, or reasonable enjoyments and expectations of property, such as requiring the structural integrity, safe Page 13 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 SB 948 9-01071-26 2026948__ plumbing, or safe electricity of buildings, or preventing nuisances.
(b) “Land development regulations” has the same meaning as in s.
163.3164.
(c) “Local government” means any county, municipality, or special district.
(d) “Lot split” means the division of a parent parcel into no more than eight lots.
(e) “Parent parcel” means the original parcel from which subsequent lots are created.
(f) “Residential dwelling unit” means a structure or part of a structure used as a home, residence, or sleeping place by at least one person.
The term includes a single-family home, a townhouse as defined in s.
481.203, and a duplex, triplex, or quadruplex, and their curtilage.
(g) “Shared space” means a driveway, an alley, or a common open space, such as a courtyard or pocket park.
(h) “Subdivision” means the division of a parent parcel into nine or more lots.
A local government may not adopt land development regulations that govern lots on residential real property, unless such adoption:
A local government may not impose a regulation that governs residential lots unless such regulation is:
Is in furtherance of a compelling governmental interest.
In furtherance of a compelling governmental interest;
b.
and b.
Is the least restrictive means of furthering that compelling governmental interest.
The least restrictive means of furthering that compelling governmental interest.
does not apply to land development regulations that:
does not apply to regulations that:
Prevent or abate a nuisance.
Prevent or abate a nuisance;
Page 14 of 21 CODING:
b.
Words stricken are deletions;
Enforce the terms of a license, a permit, or an authorization;
words underlined are additions.
Florida Senate - 2026 SB 948 9-01071-26 2026948__ b.
Enforce the terms of a license, a permit, or an authorization.
Enforce any requirement imposed by federal law.
Enforce any requirement imposed by federal law;
d.
or d.
Is the result of a final, nonappealable judicial determination.
Are the result of a final, nonappealable judicial determination.
Any ambiguity in the adoption of land development regulations by a local government must be construed in favor of the basic right to acquire and possess land.
Any ambiguity in a regulation that governs residential lots must be construed in favor of the basic rights to acquire, possess, and protect property, including, but not limited to, the right to approval by right of a development or development application.
(b) If a lot on residential real property is connected to a public water system or a public sewer system, or will be connected to such a system as part of a subdivision plan, a local government may not adopt land development regulations that:
(b) If a residential lot is connected to a public water system and a sewerage system, or will be connected to such systems as part of a lot split plan or subdivision plan, a local government may not impose a regulation that does any of the following:
Require a minimum lot size that is greater than 1,200 square feet for an existing lot and for lots created by a lot split or subdivision.
Requires a minimum lot size that is greater than 1,200 square feet for existing lots, lots created by a lot split, or Page 9 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 lots created by subdivision.
Contain a provision defining a residential dwelling unit that is contrary to the definition in subsection (3).
Prohibits, limits, or otherwise restricts the development of a starter home.
Prohibit, limit, or otherwise restrict the development of residential dwelling units.
Requires a minimum setback that is greater than:
4.
Require a minimum setback that is greater than:
4.
Requires a minimum dimension of a lot, including its width or depth, to exceed 20 feet if the lot meets the relevant minimum lot size requirement.
Require a minimum dimension of a lot, including its width or depth, to exceed 20 feet if the lot meets the relevant minimum lot size requirement.
Requires more than 30 percent of lot area to be reserved for open space or permeable surface.
Require more than 30 percent of lot area to be reserved for open space or permeable surface.
Requires a maximum building height of less than three stories or 35 feet above grade or, if applicable, three stories or 35 feet above the base flood elevation established by the Federal Emergency Management Agency.
Page 15 of 21 CODING:
7.
Words stricken are deletions;
Requires a maximum floor area ratio of less than 3.
words underlined are additions.
Florida Senate - 2026 SB 948 9-01071-26 2026948__ 7.
Require a maximum building height of less than three stories or 35 feet above grade or, if applicable, three stories or 35 feet above the base flood elevation established by the Federal Emergency Management Agency.
Require a maximum floor area ratio of less than 3.
Requires the property owner to occupy the property.
Require the property owner to occupy the property.
Requires a minimum size for a starter home which is greater than that required by the Florida Building Code.
Require a minimum size for a residential dwelling unit that is greater than the minimum size imposed by the Florida Building Code.
Requires a maximum residential density, typically measured in dwelling units per acre, which is more restrictive than the requirements of this subsection.
11.
(5)(a) Regulations imposed by a local government must allow a residential lot to front or abut a shared space instead of a public right-of-way.
Require a maximum residential density, typically measured in dwelling units per acre, which is more restrictive than the requirements of this subsection.
(b) A local government may not impose a regulation that requires a minimum number of parking spaces greater than one per residential dwelling unit for residential lots that are 4,000 Page 10 of 19 CODING:
(5)(a)1.
Land development regulations adopted by a local government must allow a lot to front or abut a shared space instead of a public right-of-way.
However, such regulations may not be adopted to require a minimum number of parking spaces greater than one per residential dwelling unit for lots that are 4,000 square feet or less, or any minimum number of parking spaces for lots within a one-half mile radius of a permanent public transit stop that is open for public use on or after July 1, 2026.
2.
As used in subparagraph 1., the term “public transit stop” means a stop or station used for public purposes for transit services, including bus rapid transit services or commuter rail services, an intercity rail transportation system, or a rail system, as defined in s.
341.301.
The term does not include people-mover systems in a public-use airport as defined by s.
332.004.
(b) Land development regulations adopted by a local Page 16 of 21 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ government which establish criteria for the application for, or approval of, the proposed development of a lot split are limited to the following:
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 square feet or less, or any minimum number of parking spaces for residential lots within a one-half mile radius of a public transit stop that is open for public use on or after January 1, 2026.
(c) A local government may not impose a regulation that prohibits, limits, or otherwise restricts lot splits or the development of starter homes on a residential lot that contains historic property as defined in s.
267.021, except for:
Regulations relating to building design elements which may be applied pursuant to s.
163.3202(5)(a)1.;
or 2.
Regulations that prohibit, limit, or otherwise restrict the demolition or alteration of a structure or building that is individually listed in the National Register of Historic Places, or that is a contributing structure or building within a historic district which was listed in the National Register of Historic Places before January 1, 2000.
(6) Local government regulations must include a process through which an applicant may seek review and approval of a lot split.
(a) A lot split must be approved by right if the lot split objectively complies with the requirements of this section.
(b) Regulations imposed by a local government which establish criteria for the application for, or approval of, a lot split are limited to the following:
1.
Required compliance with the local government’s land development regulations that govern lots not created by a lot split.
The requirement that lots created by the lot split Page 11 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 comply with applicable zoning regulations that govern the parent parcel.
(6)(a) Upon receipt of a development application, a local government shall confirm receipt of the application by the next business day using the contact information provided by the applicant.
(7)(a) A local government shall confirm receipt of a development application for a residential lot within 5 business days after receipt of the application using the contact information provided by the applicant.
Within 7 business days after receiving an application, a local government shall review the application for completeness and issue a written notification to the applicant indicating that all required information is submitted or specify in writing with particularity any areas that are deficient.
Within 10 business days after receiving the application, the local government shall review the application for completeness and issue a written notification to the applicant indicating that all required information is submitted or specify in writing with particularity any areas that are deficient.
Within 7 business days after receipt of such information, a local government shall issue a written notification to the applicant indicating that all required information is submitted or specify in writing with particularity any areas that are deficient.
(b) Within 5 business days after receipt of such additional information, the local government shall issue a written notification to the applicant indicating that all required information is submitted or specify in writing with particularity any areas that remain deficient.
A local government shall administratively approve an application within 20 business days after the local government has deemed the application Page 17 of 21 CODING:
The local government may request additional information up to three times if necessary to address an initially identified area of deficiency.
However, the local government may not raise a new area of deficiency in a subsequent request for additional information unless the deficiency was caused by a material change introduced by the applicant in the additional information provided to the local government.
Before making a third request for additional information, the local government must offer the applicant a meeting to discuss and resolve any outstanding areas Page 12 of 19 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ complete and no further action or approval by the local government is required.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 of deficiency.
If the applicant believes that a request for additional information is not authorized by law, the local government, at the applicant’s request, must process the application for approval or denial.
If a local government deems an application incomplete after making three requests for additional information, the local government must process the application for approval or denial.
(c) The local government shall approve the development application by right within 20 business days after deeming the application complete and may not impose any further action.
At any point during the timeframes specified in this subsection, an applicant may request, and a local government must grant, an extension of time for up to 60 business days.
(d) At any point during the timeframes specified in paragraph (a) or paragraph (b), an applicant may request, and the local government must grant, an extension of time for up to 60 business days.
However, a local government may not request an extension of time or require an applicant to request an extension of time.
However, a local government may not impose an extension of time or require an applicant to request an extension of time.
(b) If a local government fails to:
(e) If a local government fails to:
Issue a written notification of completeness or written specification of areas of deficiency within the first 7- business-day time period provided in paragraph (a);
Issue a written notification of completeness or written specification of areas of deficiency within 10 business days after receiving a development application;
Issue a written notification of completeness or written specification of areas of deficiency within the second 7- business-day time period provided in paragraph (a);
Issue a written notification of completeness or written specification of areas of deficiency within 5 days after receiving additional information;
Approve an application within the 20-business-day time period contained in paragraph (a), the application is deemed approved, and the local government must issue written notification of approval by the next business day.
Approve an application by right within 20 days after deeming the application complete, the application is deemed approved by right, and the local Page 13 of 19 CODING:
(c) A local government must issue a refund to an applicant equal to 100 percent of the application fee if the local government fails to issue written notification of completeness or written specification of areas of deficiency within 7 business days after receiving the additional information pursuant to paragraph (a).
(7)(a) Land development regulations adopted by a local government which govern lot splits on historic property as Page 18 of 21 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ defined in s.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 government must issue written notification of approval by the next business day and issue to the applicant a refund equal to 100 percent of the application fee.
267.021 may not vary from land development regulations adopted governing historic property without such lot splits.
(f) The timeframes contained in this subsection do not supersede any other timeframes provided in state law which are less restrictive than this subsection for property owners or development, such as a shorter timeframe for a local government to review documentation or to approve a development application.
(b) Paragraph (a) does not apply to land development regulations adopted to prohibit the demolition or alteration of a structure or building that is individually listed in the National Register of Historic Places, or that is a contributing structure or building within a historic district which was listed in the National Register of Historic Places before January 1, 2000.
(8)(a) A property owner or housing organization aggrieved or adversely affected by a regulation imposed by a local government in violation of this section may maintain a cause of action for damages in the county in which the property is located.
(8)(a) A real property owner or housing association subject to land development regulations adopted by a local government in violation of this section may maintain a cause of action for damages in the county in which the property is located.
As used in this paragraph, the term “housing organization” means a trade or industry group that constructs or manages housing units, a nonprofit organization that provides or advocates for increased access or reduced barriers to housing, or a nonprofit organization that is engaged in public policy research, education, or outreach that includes housing-policy- related issues.
The court shall review the evidence de novo and enter written findings of fact based on the preponderance of the evidence that a local government has adopted a land development regulation in violation of this section.
The court shall review the evidence de novo and enter written findings of fact based on the preponderance of the evidence that a local government has imposed a regulation in violation of this section.
An aggrieved or adversely affected party shall prevail in an action filed under this subsection unless the local government demonstrates to the court by clear and convincing evidence that the land development regulation is:
An aggrieved or adversely affected party shall prevail in an action filed under this subsection unless the local government demonstrates to the court by clear and convincing Page 14 of 19 CODING:
a.
In furtherance of a compelling governmental interest.
b.
The least restrictive means of furthering the compelling governmental interest.
(c) The court may:
Page 19 of 21 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ 1.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 evidence that the regulation is:
a.
In furtherance of a compelling governmental interest;
and b.
The least restrictive means of furthering the compelling governmental interest.
(c) The court may do any of the following:
1.
The prevailing plaintiff is entitled to recover reasonable attorney fees and costs, including reasonable appellate attorney fees and costs.
(d) A prevailing plaintiff is entitled to recover reasonable attorney fees and costs, including reasonable appellate attorney fees and costs.
(10) This section does not prohibit:
(10) This section does not prohibit, limit, or otherwise restrict a condominium association, a homeowners’ association, or a cooperative from adopting or approving governing documents, or a property owner from establishing deed restrictions, if such adoption, approval, or establishment is voluntary and not imposed by a local government.
(a) The governing documents of a condominium association, a homeowners’ association, or a cooperative adopted or approved before July 1, 2026.
If such adoption, approval, or establishment is imposed by the local government, the governing document or deed restriction, as applicable, is deemed a local government regulation under this section and is void and unenforceable to the extent that it conflicts with this section.
(b) Any deed restrictions established before July 1, 2026.
(11) This section applies retroactively to any local Page 15 of 19 CODING:
However, if recorded in the official records on or after July 1, 2026, any such documents or restrictions are void and unenforceable to the extent that they conflict with this section.
Section 4.
Subsection (3) of section 177.071, Florida Statutes, is amended to read:
177.071 Administrative approval of plats or replats by designated county or municipal official.— (3) The governing body of a county or municipality shall follow the application procedures established in s.
163.3254(6) Page 20 of 21 CODING:
Florida Senate - 2026 SB 948 9-01071-26 2026948__ upon receiving a plat or replat under this part Unless the applicant requests an extension of time, the administrative authority shall approve, approve with conditions, or deny the plat or replat submittal within the timeframe identified in the written notice provided to the applicant under subsection (2).
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 government regulation that is contrary to this section or its intent.
If the administrative authority does not approve the plat or replat, it must notify the applicant in writing of the reasons for declining to approve the submittal.
This section is remedial and shall be liberally construed to effectuate its intent.
The written notice must identify all areas of noncompliance and include specific citations to each requirement the plat or replat submittal fails to meet.
Any local government regulation contrary to this section is void and unenforceable to the extent that it conflicts with this section.
The administrative authority, or an official, an employee, an agent, or a designee of the governing body, may not request or require the applicant to file a written extension of time.
Section 4.
Present subsection (17) of section 163.514, Florida Statutes, is redesignated as subsection (18), and a new subsection (17) is added to that section, to read:
163.514 Powers of neighborhood improvement districts.— Unless prohibited by ordinance, the board of any district shall be empowered to:
(17) Plan, finance, or complete structural safety or building compliance improvements, including improvements required under state or local structural recertification programs, if such improvements are approved by:
(a) A majority vote of the district’s residents;
or (b) An advisory council composed of residents of the district, if such a council has been established by local ordinance pursuant to s.
163.506.
Subsection (6) is added to section 177.071, Florida Statutes, to read:
177.071 Administrative approval of plats or replats by designated county or municipal official.— (6) Subsection (3) does not apply to a plat or a replat under this part for a residential lot as defined in s.
163.3254(3).
For such plats and replats, the administrative authority shall follow the application procedures established in s.
163.3254(7).
Section 6.
Section 553.382, Florida Statutes, is amended to Page 16 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 read:
553.382 Placement of certain housing.—Notwithstanding any other law or ordinance to the contrary, in order to expand the availability of affordable housing in this state, any residential manufactured building that is certified under this chapter by the department may be placed on a mobile home lot in a mobile home park, recreational vehicle park, or mobile home condominium, cooperative, or subdivision or on any lot in a recreational vehicle park.
Any such housing unit placed on a mobile home lot is a mobile home for purposes of chapter 723 and, therefore, all rights, obligations, and duties under chapter 723 apply, including the specifics of the prospectus.
However, a housing unit subject to this section may not be placed on a mobile home lot without the prior written approval of the park owner.
Each housing unit subject to this section which is placed on a mobile home lot shall be taxed as a mobile home under s.
320.08(11) and is subject to payments to the Florida Mobile Home Relocation Fund under s.
723.06116.
Section 7.
Section 553.385, Florida Statutes, is created to read:
553.385 Zoning of off-site constructed residential dwellings;
parity.— (1) As used in this section, the term:
(a) “Local government” means a county or municipality.
(b) “Off-site constructed residential dwelling” means a manufactured building as defined in s.
553.36 which is intended for single-family residential use, or a manufactured home as defined in s.
320.01(2)(b), which is constructed in whole or in part off-site and is treated as real property.
Page 17 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 (2)(a) An off-site constructed residential dwelling must be permitted as of right in any zoning district where single-family detached dwellings are allowed.
(b) A local government may not adopt or enforce any zoning, land use, or development regulation that treats an off-site constructed residential dwelling differently or more restrictively than a single-family site-built dwelling allowed in the same district.
(c) This section does not prohibit a local government from applying generally applicable architectural, aesthetic, design, setback, height, or bulk standards to off-site constructed residential dwellings, provided such standards apply equally to site-built single-family dwellings permitted in the same district.
A local government may adopt compatibility standards that are limited to the following architectural features:
1.
Roof pitch.
2.
Square footage of livable space.
3.
Type and quality of exterior finishing materials.
4.
Foundation enclosure.
5.
Existence and type of attached structures.
6.
Building setbacks, lot dimensions, and the orientation of the home on the lot.
(d) A local government may not treat off-site constructed residential dwellings differently than factory-built buildings subject to s.
553.38 based on the method or location of construction.
(3) A local government may not adopt or enforce any zoning, land use, or development ordinance or regulation that conflicts with this section or s.
553.38 or that imposes different or more Page 18 of 19 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 948 578-02268-26 2026948c1 restrictive treatment on an off-site constructed residential dwelling based on its method of construction or the presence of components built off site.
Local government ordinances and regulations may not have the effect of excluding off-site constructed residential dwellings and must be reasonable and uniformly enforced without any distinction as to the type of housing.
Any such ordinance or regulation is void and unenforceable as applied to off-site constructed residential dwellings.
Section 8.
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Action History

  1. Died in Judiciary, companion bill(s) passed, see CS/CS/CS/HB 399 (Ch. 2026-7), CS/CS/HB 803 (Ch. 2026-63)

  2. CS by Community Affairs read 1st time

  3. Now in Judiciary

  4. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  5. CS by Community Affairs; YEAS 7 NAYS 1

  6. On Committee agenda-- Community Affairs, 01/27/26, 3:30 pm, 37 Senate Building

  7. Introduced

  8. Referred to Community Affairs; Judiciary; Rules

  9. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 159 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (4)

Not signed on (159)

159 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 7 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 5000
No Party Affiliation 1000
Democrat 1100
Total 7100
% of votes cast 88%13%0%0%
How each member voted (8)
Member Party Vote
Jones, Shevrin D. "Shev" Democrat Nay
Sharief, Barbara Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
Passidomo, Kathleen Republican Yea
Trumbull, Jay Republican Yea

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Subjects

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Frequently asked questions

What does SB 948 do?
Local Government Land Development Regulations and Orders; Requiring counties and municipalities, respectively, to follow certain application procedures for applications for certain development permits and development orders; creating the “Florida Starter Homes Act” for a specified purpose; prohibiting local governments from imposing regulations governing residential lots unless such regulations meet specified requirements; prohibiting local governments from imposing certain regulations if a residential lot is connected to a public water system and a sewerage system; requiring the permitting as of right of an off-site constructed residential dwelling in certain zoning districts, etc.
Who sponsors SB 948?
SB 948 is sponsored by McClain, Stan (Republican), Rouson, Darryl Ervin (Democrat), Smith, Carlos Guillermo (Democrat), Rodriguez, Ana Maria (Republican), and DiCeglie, Nick (Republican).
What is the current status of SB 948?
This bill has passed the Senate. Introduced December 17, 2025. It now moves to the second chamber.
Where can I track SB 948?
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