Dive Brief:
- The Florida State Legislature on Tuesday passed the Infill Redevelopment Act, a bill that requires local governments in South Florida to permit residential development on parcels of least 5 acres — including “brownfields” or land deemed contaminated — next to other parcels zoned for residential use.
- The bill, which aims to increase the state’s housing supply, applies to counties with more than 1.475 million residents, including Palm Beach, Broward and Miami-Dade counties.
- Preempting local regulations to promote residential development near urban areas “serves important public interests in remediating environmentally challenged land and increasing the supply of housing,” the bill states.
Dive Insight:
As the national housing affordability crisis continues, states are increasingly involved in what has traditionally been a local government affair: zoning.
Colorado and Oregon have bypassed local housing regulations in recent years, and Illinois Gov. JB Pritzker in February announced plans to do the same.
Florida’s Infill Redevelopment Act, sponsored by Republican Sen. Alexis Calatayud and Republican Rep. David Borrero, requires local governments to permit development on qualifying parcels with the stipulation that the development’s density not exceed the average density of zoning districts within the same jurisdiction — or 25 units per acre, whichever amount is lower. Developers must allow a buffer of at least 20 feet between the new development and surrounding single-family homes or townhouses.
“The Legislature finds that this state’s urban areas lack sufficient land for the development of additional residential uses, which has led to a shortage of supply,” the bill states.
The bill now advances to Gov. Ron DeSantis for a signature. DeSantis has supported empowering developers in the past, including through the 2023 Live Local Act, which invested $711 million in efforts to expand housing availability in the state. The measure also preempts certain local government restrictions on certain multifamily and mixed-use affordable housing.
