Legislation preempting South Florida zoning that restricts residential development on contaminated lands, such as brownfields, is now law.
Gov. Ron DeSantis has signed the measure (SB 1434), which requires local governments to permit qualifying parcels to be developed with housing.
The parcels must be at least five acres and neighbor residentially zoned properties in counties with more than 1.475 million residents and at least 15 municipalities.
Today, that description applies exclusively to Miami-Dade, Broward and Palm Beach counties.
Miami Republican Sen. Alexis Calatayud, the bill’s sponsor, said SB 1434 is meant to incentivize redevelopment of “environmentally challenged properties,” with the goal of increasing the amount of housing stock available and, consequently, lowering a major cost of living in the state’s more populous areas.
Hialeah Republican Rep. David Borrero carried the measure’s House companion (HB 979), which was broader, more preemptive and encountered repeated Democratic opposition at its three stops in the chamber.
SB 1434 included additional restrictions. Density of developments allowable under the measure cannot exceed the average density of adjacent residential zoning districts or 25 units per acre, whichever is lower, though the development’s intensity must match nearby standards.
The law, which became effective the moment DeSantis signed it Thursday, also requires buffers of at least 20 feet between new developments and surrounding single-family homes or townhouses.
If the land previously contained recreational facilities such as golf courses or tennis courts, developers must show the facilities have been unused for at least a year, pay double park impact fees and give nearby property owners an option to buy the land to preserve it as open space.
Americans for Prosperity, Associated Industries of Florida and the Florida Homebuilders Association supported the legislation, which passed unanimously in the Senate but received 24 “no” votes — all from Democrats — in the House.
Miami Democratic Rep. Ashley Gantt, who voted consistently against the legislation in committee and on the House floor, argued the state shouldn’t supersede local authority and the voice of residents on local decisions.
“People that live in that community should have the ability to have their local electeds listen to their feedback and make that ultimate decision, even if the property owner requests this and they meet the technical requirements,” she said in an early February stop of the bill.
Borrero described his version of the proposal as a “win-win,” since it allows otherwise undevelopable or uninhabitable properties to be remediated and used to address Florida’s rising home prices and population.
It allows us to provide housing for a much-needed market,” he said. “And by doing so, you are helping to address the housing crisis, lower the cost of housing and make use of land.”
Examples of such lands include gas stations, dry cleaners, landfills, industrial plants, auto repair shops and manufacturing sites where chemicals or heavy metals may have leaked into the soil or groundwater, and properties enrolled or subject to state brownfield or cleanup programs, where testing, monitoring or remediation is required before or during development.
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