Consistent with other recent legislative initiatives to address housing scarcity and affordability, the Florida Legislature recently passed the Infill Redevelopment Act. The Act promotes residential development on environmentally impacted parcels of land in the urban areas of South Florida.
CS/CS SB 1434 preempts local development regulations and authorizes administrative approval of development applications for certain qualifying parcels of land.
Qualifying parcels are greater than five acres in size; located within an urban growth boundary in populous counties (i.e., Miami-Dade, Broward, and Palm Beach Counties), and are environmentally impacted.
Qualifying parcels cannot be land designated as agricultural; situated within close proximity to a military installation; owned or operated as a park by a local government; or owned by a public utility within the past 15 years.
Local governments must allow a qualifying parcel to be developed with residential uses at the lower of the following density:
- Average density of adjacent residential zoning districts within the same jurisdiction; or
- 25 dwelling units per acre.
The Act requires certain minimum buffers from adjoining single-family or townhouse districts.
Local governments must administratively approve an application for subdivision for qualifying parcels and may not utilize the platting process to restrict the density or intensity authorized.
CS/CS SB 1434 will be presented to Governor DeSantis and will become law absent his veto.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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