Florida requires housing on certain environmentally impacted land

Local governments must permit qualifying parcels to be developed for housing. The law covers qualifying land in counties meeting the population and municipality requirements. The county must have more than 1.475 million people and at least 15 municipalities. The parcel must be at least 5 acres, environmentally impacted, next to residentially zoned land in the same jurisdiction, and not in an excluded category. Allowed density cannot exceed the lower of the average density of nearby residential zoning districts or 25 homes per acre; development must meet standards that apply to adjacent parcels. The law applies to development applications submitted on or after May 21, 2026.

Local governments must administratively approve qualifying subdivision and development applications that meet the law’s requirements. These rules apply to proposed development and subdivision of parcels that qualify under the law. Subdivision applications must meet state requirements for dividing land. Local governments may apply generally applicable architectural design rules only if no board review is required and the rules do not reduce allowed density or intensity. Developers must meet applicable concurrency requirements when those rules would apply to comparable residential development. The rules apply to development applications submitted on or after May 21, 2026.

Developers must provide a buffer in certain cases and give nearby owners a chance to buy certain recreation land. These requirements apply to qualifying parcels in the specified circumstances, including parcels with recreation facilities or areas reserved for recreation. A buffer of at least 20 feet is required when a qualifying parcel is next to single-family homes or townhouses on all sides; it must remain open space or be used for community recreation. If recreation facilities or areas set aside for recreation are next to single-family homes on all sides and have been unused for at least 12 consecutive months, the developer must pay double the applicable parks or recreation fee and mail notice to adjacent owners. Owners who choose to buy must exercise the option, close, and accept a restriction keeping the land as open space or recreation for at least 30 years. Owners have 90 days from the mailing of the notice to exercise the purchase option and close.