Florida HB 1183: Florida Main Street Program and Historic Preservation Tax Credits

Bill Text

HB 1183 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1183-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to transportation infrastructure land 2
development regulations; providing a short title; 3
creating s. 163.32035, F.S.; providing legislative 4
findings; defining terms; requiring the governing body 5
of a county or municipality to adopt an ordinance, and 6
the governing body of a special district to adopt a 7
resolution, establishing specified transit-oriented 8
development (TOD) zones and rural livable urban 9
village (LUV) areas by a certain date; requiring a 10
local government to zone for mixed use, and authorize 11
certain commercial uses for, lots within TOD zones and 12
rural LUV areas; defining the term "mixed use"; 13
prohibiting a local government from imposing certain 14
building regulations in specified TOD zones and rural 15
LUV areas; prohibiting the reduction or elimination of 16
TOD zones after establishment; prohibiting a local 17
government from imposing certain regulations for lots 18
that contain historic property; providing an 19
exception; providing a private cause of action for 20
certain real property owners and housing 21
organizations; defining the term "housing 22
organization"; specifying the procedure for such 23
actions; authorizing the award of specified relief; 24
providing that a prevailing plaintiff is entitled to 25

HB 1183 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1183-00
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attorney fees and costs; providing a waiver of 26
sovereign immunity; encouraging public transit 27
providers, public agencies, and local governments to 28
develop land within specified TOD zones; requiring 29
that net proceeds from such development be kept in a 30
specified fund for certain purposes; providing an 31
effective date. 32
33
Be It Enacted by the Legislature of the State of Florida: 34
35
Section 1. This act may be cited as the "Transit-Oriented 36
Development Act" or the "TOD Act." 37
Section 2. Section 163.32035, Florida Statutes, is created 38
to read: 39
163.32035 Land development regulations; regulation of 40
housing near transportation infrastructure.— 41
(1) The Legislature finds that: 42
(a) The median price of homes in this state increased 43
steadily in the decade preceding 2026, rising at a greater rate 44
of increase than the median income in this state. 45
(b) There is a housing shortage in this state which has 46
caused the costs of home ownership and renting to often exceed 47
an amount that is affordable for residents of this state. 48
(c) There is chronic traffic congestion on roadways in 49
this state which constrains economic activity across this state. 50

HB 1183 2026

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(d) The housing shortage and chronic traffic congestion 51
constitute threats to the health, safety, and welfare of the 52
residents of this state and are caused, to a significant extent, 53
by land use and development regulations imposed by local 54
governments without a compelling governmental interest relating 55
to transit-oriented development. 56
(e) Such regulations substantially burden the basic rights 57
under the State Constitution to acquire, possess, and protect 58
property and inhibit the construction of transit-oriented 59
development and livable urban villages. 60
(f) The optimal location to construct housing is near 61
transit infrastructure, such as rail systems and rapid transit 62
systems, to minimize the traffic congestion of new residents and 63
to maximize state investments in transportation. 64
(g) The public purpose sought to be achieved by allowing 65
housing and commercial development near transit infrastructure 66
and in livable urban villages is to increase the supply of 67
housing near transit infrastructure and reduce chronic traffic 68
congestion, thereby making homeownership and renting more 69
affordable, increasing economic activity across this state, and 70
maximizing state investments in transportation. 71
(2) As used in this section, the term: 72
(a) "Adjacent" means that two lots share more than one 73
point of a property line. Lots are not adjacent if separated by 74
a body of water, including manmade lakes or ponds, or by a 75

HB 1183 2026

CODING: Words stricken are deletions; words underlined are additions.
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public easement or other right-of-way, including roads, 76
railroads, or canals. 77
(b) "Adjacent to a single-family home" means adjacent to a 78
lot that is one of at least 25 contiguous residential lots, all 79
of which contain single-family detached homes on the date a 80
development application is submitted. 81
(c) "B