Housing, Agriculture & Tourism Subcommittee Meeting Packet, February 5, 2026

Summary

Meeting packet of the House of Representatives Housing, Agriculture & Tourism Subcommittee for Thursday, February 5, 2026, 12:30 PM to 3:30 PM in Morris Hall (17 HOB), with Michelle Salzman named alongside the title Chair. The meeting notice lists CS/HB 399, HB 691, HB 741, HB 999, CS/HB 1139, CS/HB 1245, HB 1387, HB 1481 and HB 1483. The bill analysis for CS/HB 399, Land Use and Development Regulations, says the bill requires application fees for development permits and orders to be reasonably related to the costs of reviewing and processing the application and prohibits fees based on a percentage of project costs. The packet closes with HB 1483, which creates the Vacancy Relief Trust Fund and Risk Mitigation Trust Fund within the Florida Housing Finance Corporation.

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“Housing, Agriculture & Tourism Subcommittee Meeting Packet, February 5, 2026.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-02-05-3287-housing-agriculture-tourism-subcommittee-meeting-packe-e01afc2202/, SHA-256 69413feb83345889a92cd666df1df4176e7266921fed5bb71b0f99beb12fe072.

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Housing, Agriculture & Tourism
Subcommittee
Thursday, February 5, 2026
12:30 PM - 3:30 PM
Morris Hall (17 HOB)

Meeting Packet

Daniel Perez Michelle Salzman
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES

Housing, Agriculture & Tourism Subcommittee

Start Date and Time: Thursday, February 05, 2026 12:30 PM

End Date and Time: Thursday, February 05, 2026 03:30 PM

Location: Morris Hall (17 HOB)
Duration: 3.00 hrs

Consideration of the following bill(s):

CS/HB 399 Land Use and Development Regulations by Intergovernmental Affairs Subcommittee, Borrero
HB 691 Agricultural Enclaves by Botana
HB 741 Department of Commerce by Owen
HB 999 Refrigerant Safety and Agricultural Continuity by Gonzalez Pittman
CS/HB 1139 Impact Fees by Intergovernmental Affairs Subcommittee, Gentry
CS/HB 1245 Biosolids Management by Natural Resources & Disasters Subcommittee, Shoaf
HB 1387 State Economic Development Contracts by Overdorf
HB 1481 Housing for Veterans by Rosenwald, Daley
HB 1483 Trust Funds/Creation/Vacancy Relief Trust Fund and Risk Mitigation Trust Fund/Florida Housing
Finance Corporation by Rosenwald, Daley

NOTICE FINALIZED on 02/03/2026 4:25PM by Marks.Amie

02/03/2026 04:25:37PM Leagis ® Page 1 of 1
CS/HB 399
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 399 COMPANION BILL: CS/SB 208 (McClain)
TITLE: Land Use and Development Regulations LINKED BILLS: None
SPONSOR(S): Borrero RELATED BILLS: None
Committee References
Intergovernmental Affairs Housing, Agriculture & Tourism State Affairs
10 Y, 3 N, As CS  

SUMMARY
Effect of the Bill:
The bill makes the following changes concerning land use and development regulations:
 Requires application fees for development permits and orders to reasonably related to the costs associated
with reviewing and processing the application and prohibits fees based on a percentage of project costs.
 Provides that the exclusive method for the transmittal and adoption of an amendment to the future land use
element of a comprehensive plan is by a majority vote of the members of the governing body present at the
hearing, notwithstanding any county charter provision to the contrary.
 Requires each local government’s comprehensive plan and land development regulations to include factors
for assessing compatibility of residential uses and establishes requirements for examining an application
for development for compatibility.

The bill requires Office of Program Policy Analysis and Government Accountability (OPPAGA) to conduct a study to
identify the effect of removing the Urban Development Boundary or similar boundaries in Miami-Dade County and
other counties. The bill requires the study to contain certain specified elements and for OPPAGA to report its
conclusions by October 1, 2026.

Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on state government and local governments and an
indeterminate positive economic impact on applicants for development permits and orders.

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ANALYSIS
EFFECT OF THE BILL:
Application Fees for Development Permits and Orders
The bill requires the amount of any application fee charged by a county or municipality for a development permit
or development order be reasonably related to the direct and reasonable indirect costs associated with the review,
processing, and final disposition of the application. These rates must be published by the local government as part
of their fee schedule. The bill prohibits a county or municipality from charging an application fee for a development
permit or order that is based on a percentage of construction costs, site costs, or project valuation. This provision
of the bill is effective on January 1, 2027. (Sections 1 and 2)

Approval of Comprehensive Plan Amendments
The bill provides that the exclusive method for the transmittal and adoption of an amendment to the future land
use element of a comprehensive plan is by a majority vote of the members of the governing body present at the
hearing, notwithstanding any county charter provision to the contrary. (Section 3)

Compatibility

STORAGE NAME: h0399a.HAT
DATE: 2/3/2026
1
CS/HB 399
The bill requires each local government’s comprehensive plan and land development regulations to include factors
for assessing the compatibility of allowable residential uses within residential zoning districts and within the
residential future land use category. These factors may include intensity, density, scale, building size, mass, bulk,
height and orientation, lot coverage, lot size and configuration, architectural style, permeability, screening, buffers,
setbacks, stepbacks, transitional areas, signage, traffic and pedestrian circulation and access, and operational
impacts, such as noise, odor, and lighting.

The bill provides that land development regulations must incorporate objective design standards or other
measures for mitigating or minimizing potential incompatibility. (Section 4)

The bill requires local government staff reviewing an application for rezoning, subdivision, or site plan approval to
identify with specificity each area of incompatibility before recommending denial of an application. The bill
requires that a denial of an application on compatibility grounds must specify the area or areas of incompatibility
with particularly, including the applicable evaluation standards used, an explanation of any mitigation measures
the applicant has considered and declined, or the basis for determining that no feasible mitigation measures exist.
References to “community character” or “neighborhood feel” are not sufficient in and of themselves to support a
denial of an application on compatibility grounds. (Section 4)

The bill provides that local government staff may recommend mitigation measures to the applicant. If an applicant
proposes mitigation measures, the bill prohibits a local government from denying an application on compatibility
grounds unless the denial contains written findings stating that the proposed mitigation measures are inadequate
and no feasible mitigation measures exist. The bill provides that a local government’s approval of an application
may include requirements or conditions to mitigate or minimize compatibility concerns. (Section 4)

These provisions do not apply to:
 Compatibility between uses in different future land use categories, including rural, agricultural,
conservation, open space, mixed-use, industrial, or commercial use;
 Applications for development within planned unit developments or master planned communities; or
 Applications for development within historic districts designated before January 1, 2026. (Section 4)

These provisions do not require a local government to approve an application that is otherwise inconsistent with
the applicable local government comprehensive plan or land development regulations. (Section 4)

This provision of the bill is effective on January 1, 2027. (Section 4)

Development Boundary Study
The bill requires the Office of Program Policy Analysis and Government Accountability to conduct a study to
identify the effect of removing the Urban Development Boundary or similar boundaries in Miami-Dade County and
other counties. The results of the study must be submitted to the President of the Senate and the Speaker of the
House of Representatives by October 1, 2026. The bill requires that the study:
 Address whether counties may still control growth through other zoning and land use designations.
 Include an analysis of the economic benefits related to the cost of land and housing.
 Analyze whether local counties can still protect the environment and water quality without having a urban
development boundary or a similar boundary within their jurisdiction. (Section 5)

Effective Date
The bill is effective upon becoming a law, but the provisions concerning application fees and compatibility are
effective January 1, 2027. (Section 6)

FISCAL OR ECONOMIC IMPACT:

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CS/HB 399
STATE GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on state government to the extent additional
comprehensive plan amendments that must be reviewed by the Department of Commerce are adopted by local
governments.

LOCAL GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on local governments that charge application fees for
development permits and orders in excess of the limitations provided by the bill.

PRIVATE SECTOR:
The bill may have an indeterminate positive economic impact on developers to the extent local government
application fees for development permits and orders are reduced to comply with the provisions of the bill.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Comprehensive Planning
The Community Planning Act1 provides counties and municipalities with the power to plan for future development
by adopting comprehensive plans.2 Each county and municipality must maintain a comprehensive plan to guide
future development and growth.3

All development, both public and private, and all development orders approved by local governments must be
consistent with the local government’s comprehensive plan.4 A comprehensive plan is intended to provide for the
future use of land, which contemplates a gradual and ordered growth, and establishes a long-range maximum limit
on the possible intensity of land use.5

A locality’s comprehensive plan lays out the locations for future public facilities, including roads, water and sewer
facilities, neighborhoods, parks, schools, and commercial and industrial developments.6 A comprehensive plan is
made up of 10 required elements, each laying out regulations for a different facet of development.7 Local
governments may also include optional elements in their comprehensive plan.8 The 10 required elements are:
 Capital improvements.
 Future land use plan.
 Transportation.
 General sanitary sewer, solid waste, drainage, potable water and natural groundwater aquifer recharge.
 Conservation.
 Recreation and open space.
 Housing.
 Coastal management.
 Intergovernmental coordination.
 Property rights.9

1 Ch. 163, Part II, F.S.
2 S. 163.3167(1), F.S.
3 S. 163.3167(1)(a), (2), F.S.
4 S. 163.3194(1)(a), F.S.
5 See, e.g., Sarasota County, Fla. Comprehensive Plan, Future Land Use Element, FLU Policy 1.1.1 (last visited Jan. 24, 2026).
6 S. 163.3177(1), F.S.
7 S. 163.3177(6), F.S.
8 S. 163.3177(1)(a), F.S.
9 S. 163.3177(3), (6)(a)-(i), F.S.

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CS/HB 399

Comprehensive plans must include at least two planning periods, one covering the first 10-year period occurring
after the plan’s adoption and one covering a period of at least 20 years.10 Additional planning periods are
permissible and accepted as part of the planning process.

Future Land Use Element
Comprehensive plans must include an element regarding future land use that designates the proposed future
general distribution, location, and extent of the uses of land for a number of uses and categories of public and
private uses of land.11 Each future land use category must be defined in terms of uses included, and must include
standards to be followed in the control and distribution of population densities and building and structure
intensities.12 The proposed distribution, location, and extent of the various categories of land use must be shown
on a land use map or map series. Future land use plans and plan amendments are based on surveys, studies, and
data regarding the area.13

A comprehensive plan’s future land use element establishes a range of allowable uses and densities and intensities
over large areas, and the specific use and intensities for specific parcels within that range are decided by a more
detailed, implementing zoning map.14

The future land use element of each comprehensive plan is required to consider both the amount of land required
to accommodate anticipated growth and methods of discouraging urban sprawl.15 Local governments balance
these priorities by the adoption of an urban services area, which is intended to contain a certain proportion of new
development over the planning period.16 As a part of the local government’s comprehensive plan, these areas can
normally be adjusted by the local governing body by a majority vote.17 Some counties, however, have adopted
charter amendments that require extraordinary thresholds for the adoption of comprehensive plan amendments
that adjust the boundary between urban and rural portions of the county.18

Compatibility
The future land use element must consider what uses are compatible with one another to guide rezoning requests,
development orders, and plan amendments.19 Compatibility means “a condition in which land uses or conditions
can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly
negatively impacted directly or indirectly by another use or condition.”20 In other words, the compatibility
requirement permits local governments to consider whether a proposed use can peacefully coexist with existing
uses.

10 S. 163.3177(5)(a), F.S.
11 S. 163.3177(6)(a), F.S. Applicable uses and categories of public and private uses of land include, but are not limited to,

residential, commercial, industrial, agricultural, recreational, conservation, educational, and public facilities.
12 S. 163.3177(6)(a)1., F.S.
13 S. 163.3177(6)(a)2., F.S.
14 Richard Grosso, A Guide to Development Order "Consistency" Challenges Under Florida Statutes Section 163.3215, 34 J. Envtl. L.

& Litig. 129, 154 (2019) (citing Brevard Cty. v. Snyder, 627 So. 2d 469, 475 (Fla. 1993)).
15 S. 163.3177(6)(a)2.a. and h., F.S.
16 See, e.g., Tallahassee-Leon County 2030 Comprehensive Plan, Land Use, Goal 1 (“The location and size of the [Urban Services

Area] shall be depicted on the Future Land Use Map and is based upon the area necessary to
accommodate 90% of new residential dwelling units within the County by the Plan Horizon[.]”).
17 See s. 163.3184(11)(a), F.S. (providing that the transmittal or adopting of a comprehensive plan amendment “shall be by

affirmative vote of not less than a majority of the members of the governing body present at the hearing”).
18 See, e.g. Miami-Dade County Charter, s. 1.01(A)(5) (“[A]ny decision to include any additional land within the Urban

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Local governments, through the future land use plan, are responsible for ensuring compatibility of uses on adjacent
lands, and particularly those lands in proximity to military installations and airports.21 To act on this requirement,
land use regulations are required to contain specific and detailed provisions necessary to ensure the compatibility
of adjacent land uses.22 In practice, these regulations take the form of zoning codes with compatibility standards
for height, density, setbacks, parking, and other general regulations on what types of developments can coexist.23

Comprehensive Plan Amendments
Comprehensive plan amendments are generally governed by the state expedited review process, which typically
begins with an initial public hearing during which the local government’s governing body decides whether to
transmit the proposed amendment to the reviewing agencies.24 The local government’s decision must be by an
affirmative vote of at least a majority of the governing body’s members present at the hearing.25 Within 10 working
days of such hearing, the local government must transmit the plan amendment and appropriate supporting data
and analyses to the reviewing agencies for expedited comment26 and to any other local government or
governmental agency that filed a written request for such transmittal with the local government.27 Interested
persons may also provide the local government with written or oral comments, recommendations, or objections to
the plan amendment.28

Within 180 days after receipt of any agency comments, the local government must generally hold a second public
hearing to determine whether to adopt the plan amendment.29 Where the proposed amendment is a small-scale
development amendment,30 however, the local government must hold only the public adoption hearing; the initial
public hearing is not required.31 In either case, plan amendment adoption must be by an affirmative vote of at least
a majority of the governing body’s members present at the hearing, and failure to hold a timely adoption hearing
causes the amendment to be withdrawn unless the timeframe is extended by agreement with specified notice to
the Department of Commerce (Department), and other parties.32

21 S. 163.3177(6)(a)2.-3., F.S.
22 S. 163.3202(2)(b), F.S.
23 See, e.g., City of Maitland Land Development Code, s. 5.10 (Residential Compatibility Standards).
24 Section 163.3184(1)(c), F.S., provides that “reviewing agencies” are the state land planning agency (Department of

Commerce), the appropriate regional planning council, the appropriate water management district, the Department of
Environmental Protection, the Department of State, the Department of Transportation, the Department of Education (for plan
amendments relating to public schools), the commanding officer of an affected military installation, the Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services (for county plans and plan
amendments), and, for municipal plans and plan amendments, the county in with the municipality is located. Amendments
that do not use the state expedited review process include plan amendments that are in an area of critical state concern;
propose a rural land stewardship area; propose a sector plan or an amendment to an adopted sector plan; or update a
comprehensive plan based on an evaluation and appraisal, which use the state coordinated review process and small-scale
development amendments that involve the use of 50 acres or fewer, only proposes a land use change to the future land use
map for a site-specific small-scale development activity, and only applies to property not located within an area of critical state
concern, absent an exception related to affordable housing development. Ss. 163.3184(2)(b)-(c), (4) and 163.3187, F.S.
25 S. 163.3184(11), F.S.
26 The expedited review process is set out in s. 163.3184(3), F.S.
27 S. 163.3184(3), F.S.
28 S. 163.3184(1), (3), (4), F.S.
29 S. 163.3184(3)(c)1., F.S. Plan amendments under the expedited state review process must be adopted within 180 days of the

second public hearing held to consider the amendments.
30 Small-scale comprehensive plan amendments are generally not reviewed by the Department. See ss. 163.3184(2)(b) and

163.3187, F.S.
31 Ss. 163.3184(2) and 163.3187(2), F.S.
32 S. 163.3184(3), (4), and (11), F.S.
33 Id.

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within five working days of receipt of the amendment package.34 If no deficiencies are found, the amendment takes
effect 31 days after the Department notifies the local government that the amendment package is complete for the
expedited state review process, 31 days after the adoption of the amendment for small-scale development
amendments, or pursuant to the Department’s notice of intent determining the amendment is in compliance for the
state coordinated review process.35

Land Development Regulations
Comprehensive plans are implemented via land development regulations. Land development regulations are
ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local
government zoning, rezoning, subdivision, building construction, sign regulations, or any other regulations
controlling the development of land.36

Each county and municipality must adopt and enforce land development regulations that are consistent with and
that implement its adopted comprehensive plan.37 Local governments are encouraged to use innovative land
development regulations38 and may adopt measures for the purpose of increasing affordable housing using land
use mechanisms.39

Zoning
A comprehensive plan’s future land use element establishes a range of allowable uses and densities40 and
intensities41 over large areas, while the specific use and intensities for specific parcels within that range are
decided by a more detailed, implementing zoning map.42

Zoning maps and zoning districts are adopted by a local government for developments within each land use
category or sub-category. While land uses are general in nature, one or more zoning districts may apply within
each land use designation.43 Common regulations within the zoning map districts include density, height and bulk
of buildings, setbacks, and parking requirements. Regulations for a zoning category in a downtown area may allow
for more density and height than allowed in a suburb, for instance.

If a developer or landowner believes that a proposed development may have merit but it does not meet the
requirements of a zoning map in a jurisdiction, the developer or landowner can seek a rezoning through a rezoning
application.44 Rezoning applications are initially reviewed by local government staff, then by an appointed body
that makes recommendations to the governing body of the local government, which makes the final
determination.45 If a property has unique circumstances or small nonconformities but otherwise meets zoning
regulations, local governments may ease restrictions on certain regulations such as building size or setback
through an application for a variance.46 However, any action to rezone or grant a variance must be consistent with
the local government’s comprehensive plan.

34 S. 163.3184(3)(c)3. and (4)(e)3., F.S.
35 Ss. 163.3184(3)(c)4., 163.3184(4)(e)4.-5., and 163.3187(5)(c), F.S.
36 S. 163.3164(26), F.S.
37 S. 163.3202(1), F.S.
38 S. 163.3202(3), F.S.
39 S. 125.01055 and 166.04151, F.S.
40 “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as

residents or employees per acre. S. 163.3164(12), F.S.
41 “Intensity” means an objective measurement of the extent to which land may be developed or used, including the

consumption or use of the space above, on, or below ground; the measurement of the use of or demand on natural resources;
and the measurement of the use of or demand on facilities and services. S. 163.3164(22), F.S.
42 Grosso, supra note 14.
43 See, e.g., Indian River County, Planning and Development Services FAQ (last visited Jan. 24, 2026).
44 See e.g., City of Tallahassee, Application for Rezoning Review (last visited Jan. 24, 2026).
45 See id. and City of Redington Shores, Planning and Zoning Board (last visited Jan. 24, 2026).
46 See e.g., City of Tallahassee, Variance and Appeals and Seminole County, Variance Process Requirements (last visited Jan. 24,

2026).
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Ordinances or resolutions that change the actual list of permitted, conditional, or prohibited uses within a zoning
category or ordinances or resolutions initiated by the local government that change the actual zoning map
designation of a parcel or parcels of land must follow additional enhanced notice requirements:
 If the area affected is less than 10 acres, the local government must notify by mail each property owner and
hold a public meeting to discuss the ordinance or resolution before passage.
 If the area affected is 10 acres or greater, the local government must hold two separate meetings to discuss
the changes, and notice the public through either mail to each property owner or to the public generally by
newspaper.47

Development Orders and Permits
Under the Community Planning Act, a development permit is any official action of a local government permitting
the development of land.48 Development permits include, but are not limited to, building permits, zoning permits,
subdivision approval, rezoning, certifications, special exceptions, and variances.49 A development order is issued by
a local government and grants, denies, or grants with conditions an application for a development permit.50

Within five business days after receiving an application for approval of a development permit or development
order, a county or municipality must review the application for completeness and issue a written notification to the
applicant indicating that all required information is submitted or specify any areas that are deficient.51 If the
application is deficient, the applicant has 30 days to address the deficiencies by submitting the required additional
information.

Within 120 days after the county or municipality has deemed the application complete, or 180 days for
applications that require final action through a quasi-judicial hearing or a public hearing, the county or
municipality must approve, approve with conditions, or deny the application for a development permit or
development order.52 Both the applicant and the local government may agree to an extension of time, particularly
in the event of a force majeure or other extraordinary circumstance. An approval, approval with conditions, or
denial of the application for a development permit or development order must include written findings supporting
the local government’s decision. These timeframes do not apply in an area of critical state concern.53

When reviewing an application for a development permit or development order, not including building permit
applications, a county or municipality may not request additional information from the applicant more than three
times, unless the applicant waives the limitation in writing.54 If a county or municipality makes a request for
additional information from the applicant and the applicant provides the information within 30 days of receiving
the request, the county or the municipality may take the following actions:
 First Request for Information: Review the additional information and issue a letter to the applicant
indicating that the application is complete or specify the remaining deficiencies within 30 days of receiving
the information.55
 Second Request for Information: Same as the first request but the letter must be issued within 10 days of
receiving the additional information.56

47 See ss. 125.66(5) and 166.041(3), F.S.
48 S. 163.3164(16), F.S.
49 Id. The provisions of ss. 125.022 and 166.033, F.S., however, do not apply to building permits. S. 122.022(6) and 166.033(6),

F.S.
50 See ss. 125.022, F.S., 163.3164(15), F.S., and 166.033, F.S.
51 Ss. 125.022(2), F.S. and 166.033(2), F.S.
52 Id.
53 Id. Areas of critical state concern are designated in s. 380.0552, F.S., and ch. 28-36, F.A.C.
54 Ss. 125.022(3)(a) and 166.033(3)(a), F.S.
55 Ss. 125.022(3)(b) and 166.033(3)(b), F.S.
56 Ss. 125.022(3)(c) and 166.033(3)(c), F.S.

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 Third Request for Information: Deem the application complete within 10 days of receiving the additional
information or proceed to process the application for approval or denial unless the applicant waived the
county’s or municipality’s time limitations in writing.57

Before a third request for information, the applicant must be offered a meeting to attempt to resolve outstanding
issues.58 If the applicant believes the request for additional information is not authorized by ordinance, rule,
statute, or other legal authority, the applicant can request that the county or municipality proceed to process the
application for approval or denial.59

A county or municipality that fails to meet the above timeframes is required to issue refunds to the applicant
ranging from 10 percent to 100 percent of the application fee, if the parties did not agree to an extension of time or
the delay was not caused by the applicant or a force majeure60 or other extraordinary circumstance.61

If a development permit or order is denied, the county or municipality must give written notice to the applicant
and must reference the applicable legal authority for the denial of the permit.62

Building Permit Fees

Local governments may provide a schedule of reasonable fees for enforcing the Florida Building Code (FBC). Such
fees, and any fines or investment earnings related to the fees, may only be used for carrying out the local
government’s responsibilities in enforcing the FBC. A reasonable fee for enforcing the FBC includes direct costs and
reasonable indirect costs associated with review of building plans, building inspections, reinspections, and building
permit processing; building code enforcement; fire inspections associated with new construction; training costs
associated with the enforcement of the FBC; and enforcement actions pertaining to unlicensed contractor activity
to the extent not funded by other user fees.63 A local government must post its permit and inspection fee schedules
on its website.64

57 Ss. 125.022(3)(d) and 166.033(3)(d), F.S.
58 Id.
59 Ss. 125.022(3)(e) and 166.033(3)(e), F.S.
60 Force majeure means “an event or effect that can be neither anticipated nor controlled; esp., an unexpected event that

prevents someone from doing or completing something that he or she had agreed or officially planned to do.” Black’s Law
Dictionary (12th ed. 2024).
61 Ss. 125.022(4) and 166.033(4), F.S.
62 Ss. 125.022(5) and 166.033(5), F.S.
63 S. 553.80(7)(a), F.S.
64 Ss. 125.56(4)(c), F.S. and 166.222(2), F.S.

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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 10 Y, 3 N, As CS 1/28/2026 Darden Darden
Subcommittee
THE CHANGES ADOPTED BY THE  Requires application fees for development permits and orders to
COMMITTEE: reasonably relate to the direct and reasonable indirect costs associated
with reviewing applications.
 Provides that amendments to the future land use element of the
comprehensive plan must be adopted by majority vote of the members
present, notwithstanding any county charter.
 Requires local governments to include factors for assessing
compatibility of residential uses in their comprehensive plans and land
development regulations and provides standards for applying the
adopted factors.
Housing, Agriculture & Tourism Curtin Wright
Subcommittee
State Affairs Committee

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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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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

CS/HB 399 2026

1 A bill to be entitled
2 An act relating to land use and development
3 regulations; amending ss. 125.022 and 166.033, F.S.;
4 requiring that the amount of certain application fees
5 reasonably relate to certain costs; requiring that
6 such fees be published on the county's or
7 municipality's fee schedule, respectively; prohibiting
8 such fees from being based on certain costs or
9 valuations; amending s. 163.3184, F.S.; requiring the
10 transmittal and adoption of an amendment to the future
11 land use element of a comprehensive plan to be by a
12 majority vote of the members of the governing body;
13 amending s. 163.3194, F.S.; requiring that local
14 government comprehensive plans and land development
15 regulations include specified factors for assessing
16 the compatibility of certain residential uses;
17 requiring that land development regulations
18 incorporate certain objective standards or other
19 measures for mitigating or minimizing potential
20 incompatibility; requiring local government staff to
21 meet certain requirements before recommending denial
22 of certain applications on compatibility grounds;
23 prohibiting a local government from denying certain
24 applications on compatibility grounds if the applicant
25 has proposed certain measures; providing an exception;

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26 requiring that the denial of an application specify
27 certain information; authorizing local government
28 approval of an application to include certain
29 requirements or conditions; providing applicability;
30 providing construction; requiring the Office of
31 Program Policy Analysis and Government Accountability
32 to conduct a specified study; providing study
33 requirements; requiring the office to submit the
34 results of the study to the Legislature by a specified
35 date; providing effective dates.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Effective January 1, 2027, subsection (9) of
40 section 125.022, Florida Statutes, is renumbered as subsection
41 (10), and a new subsection (9) is added to that section to read:
42 125.022 Development permits and orders.—
43 (9) The amount of any application fee associated with a
44 development permit or development order must reasonably relate
45 to the direct and reasonable indirect costs associated with the
46 review, processing, and final disposition of the application and
47 must be published on the county's fee schedule. The fee may not
48 be based on a percentage of construction costs, site costs, or
49 project valuation.
50 Section 2. Effective January 1, 2027, subsection (9) of

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51 section 166.033, Florida Statutes, is renumbered as subsection
52 (10), and a new subsection (9) is added to that section to read:
53 166.033 Development permits and orders.—
54 (9) The amount of any application fee associated with a
55 development permit or development order must reasonably relate
56 to the direct and reasonable indirect costs associated with the
57 review, processing, and final disposition of the application and
58 must be published on the municipality's fee schedule. The fee
59 may not be based on a percentage of construction costs, site
60 costs, or project valuation.
61 Section 3. Paragraph (a) of subsection (11) of section
62 163.3184, Florida Statutes, is amended to read:
63 163.3184 Process for adoption of comprehensive plan or
64 plan amendment.—
65 (11) PUBLIC HEARINGS.—
66 (a) The procedure for transmittal of a complete proposed
67 comprehensive plan or plan amendment pursuant to subparagraph
68 (3)(b)1. and paragraph (4)(b) and for adoption of a
69 comprehensive plan or plan amendment pursuant to subparagraphs
70 (3)(c)1. and (4)(e)1. shall be by affirmative vote of not less
71 than a majority of the members of the governing body present at
72 the hearing. Notwithstanding any provision of a county charter,
73 the exclusive method for the transmittal and adoption of an
74 amendment to the future land use element of a comprehensive plan
75 must be by affirmative vote of a majority of the members of the

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76 governing body present at the hearing. The adoption of a
77 comprehensive plan or plan amendment shall be by ordinance. For
78 the purposes of transmitting or adopting a comprehensive plan or
79 plan amendment, the notice requirements in chapters 125 and 166
80 are superseded by this subsection, except as provided in this
81 part.
82 Section 4. Effective January 1, 2027, subsection (7) is
83 added to section 163.3194, Florida Statutes, to read:
84 163.3194 Legal status of comprehensive plan.—
85 (7)(a) Local government comprehensive plans and land
86 development regulations must include factors for assessing the
87 compatibility of allowable residential uses within a residential
88 zoning district and future land use category. Such factors may
89 include intensity, density, scale, building size, mass, bulk,
90 height and orientation, lot coverage, lot size and
91 configuration, architectural style, permeability, screening,
92 buffers, setbacks, stepbacks, transitional areas, signage,
93 traffic and pedestrian circulation and access, and operational
94 impacts, such as noise, odor, and lighting.
95 (b) Land development regulations must incorporate
96 objective design standards or other measures for mitigating or
97 minimizing potential incompatibility.
98 (c)1. Before recommending denial of an application for
99 rezoning, subdivision, or site plan approval on compatibility
100 grounds, local government staff must identify with specificity

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101 each area of incompatibility and may recommend mitigation
102 measures to the applicant.
103 2. If the applicant has proposed mitigation measures, the
104 local government may not deny an application on compatibility
105 grounds unless the denial includes written findings stating that
106 the proposed mitigation measures are inadequate and that no
107 feasible mitigation measures exist.
108 3. A denial of an application on compatibility grounds
109 must specify with particularity the area or areas of
110 incompatibility, including applicable standards and an
111 explanation of any mitigation measures considered and declined
112 by the applicant, or the basis for determining that no feasible
113 mitigation measures exist. References to "community character"
114 or "neighborhood feel" are not sufficient in and of themselves
115 to support a denial of an application on compatibility grounds.
116 4. A local government's approval of an application may
117 include requirements or conditions to mitigate or minimize
118 compatibility concerns.
119 (d) This subsection does not apply to any of the
120 following:
121 1. Compatibility between uses in different future land use
122 categories, including rural, agricultural, conservation, open
123 space, mixed-use, industrial, or commercial use.
124 2. Applications for development within planned unit
125 developments or master planned communities.

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126 3. Applications for development within historic districts
127 designated before January 1, 2026.
128 (e) This section does not require approval of an
129 application that is otherwise inconsistent with the applicable
130 local government comprehensive plan or land development
131 regulations.
132 Section 5. The Office of Program Policy Analysis and
133 Government Accountability (OPPAGA) shall conduct a study to
134 identify the effect of removing the Urban Development Boundary
135 (UDB) or similar boundaries in Miami-Dade County and other
136 counties.
137 (1) The study shall:
138 (a) Address whether counties may still control growth
139 through other zoning and land use designations.
140 (b) Include an analysis of the economic benefits related
141 to the cost of land and housing.
142 (c) Analyze whether local counties can still protect the
143 environment and water quality without having a UDB or a similar
144 boundary within their jurisdictions.
145 (2) By October 1, 2026, OPPAGA shall submit the results of
146 the study to the President of the Senate and the Speaker of the
147 House of Representatives.
148 Section 6. Except as otherwise expressly provided in this
149 act, this act shall take effect upon becoming a law.

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HOUSING, AGRICULTURE & TOURISM SUBCOMMITTEE

HB 399 by Rep. Borrero
Land Use and Development Regulations

AMENDMENT SUMMARY
February 5, 2026

Amendment #791203 by Rep. Borrero (Line 145): The amendment extends the deadline for
the Office of Program Policy Analysis and Government Accountability (OPPAGA) to submit a
report to the Legislature regarding the effect of removing Urban Development Boundaries to
December 1, 2026, from October 1, 2026.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 399 (2026)
Amendment No.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Borrero offered the following:
4
5 Amendment
6 Remove line 145 and insert:
7 (2) By December 1, 2026, OPPAGA shall submit the results
8 of

791203 - h0399-line145.docx
Published On: 2/3/2026 4:35:37 PM
Page 1 of 1
HB 691
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 691 COMPANION BILL: CS/SB 686 (McClain)
TITLE: Agricultural Enclaves LINKED BILLS: None
SPONSOR(S): Botana RELATED BILLS: None
Committee References
Intergovernmental Affairs Housing, Agriculture & Tourism State Affairs
13 Y, 0 N  

SUMMARY
Effect of the Bill:
The bill repeals the existing procedure allowing the owner of an agricultural enclave to apply for an amendment to
a local government’s comprehensive plan and replaces it with a new public hearing and review process that allows
for development of the parcel without a comprehensive plan amendment. The revised process applies to
development plans for single-family residential housing on the parcel that are consistent with the land use
requirements, or future land use designations, including uses, density, and intensity, of one or more adjacent
parcels or an adjacent development.

Fiscal or Economic Impact:
None

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill repeals the existing procedure allowing the owner of an agricultural enclave to apply for an amendment to
a local government’s comprehensive plan to allow for the development of the parcel and replaces it with a new
public hearing and review process that allows for development without a comprehensive plan amendment. Under
the bill, the owner of an agricultural enclave (applicant) may apply for certification of land as an agricultural
enclave, subject to public hearing and approval, if one or more adjacent parcels or an adjacent development
permits the same or higher density than the proposed development. The county or municipality must provide a
written report to the applicant within 30 days of receipt of the application stating whether or not the application
meets this requirement. (Section 1)

Within 30 days of providing the written report, the county or municipality must hold a public hearing to approve
or deny certification of the parcel as an agricultural enclave. If the local government fails to approve or deny
certification within 90 days of receipt of the application, the bill requires the parcel to be certified as an
agricultural enclave. (Section 1)

If the application is denied, the bill requires the governing body of the county or municipality to issue a decision in
writing containing detailed findings of fact and conclusions of law. The applicant may seek review of the denial by
filing a petition for a writ of certiorari in circuit court within 30 days after the date of the county or municipality
renders its decision. (Section 1)

If the application is approved, the applicant may submit development plans for single-family residential housing on
the parcel that are consistent with the land use requirements, or future land use designations, including uses,
density, and intensity, of one or more adjacent parcels or an adjacent development. The bill requires this
development to treated as a conforming use—regardless of the local government's comprehensive plan, future

STORAGE NAME: h0691b.HAT
DATE: 2/3/2026
1
HB 691
land use designation, or zoning of the parcel. Within 30 business days of receiving the development plans, the local
government and the applicant must agree in writing to a process and schedule for information submittal, analysis,
and final approval, which may be administrative in nature, of the development plans. The bill prohibits a local
government from requiring the applicant to agree to a process that exceeds 180 days or that includes further
review of the plans in a quasi-judicial process or public hearing. (Section 1)

The bill prohibits a county or municipality from enacting or enforcing a law or regulation for an agricultural
enclave that is more burdensome than for other types of applications for comparable uses or densities. The bill
requires a local government to treat an agricultural enclave that is adjacent to an urban service district as if it is
part of the urban service district. (Section 1)

The bill provides that the agricultural enclave process does not apply to military installation or ranges identified by
statute. (Section 1)

The bill revises which parcels qualify as an agricultural enclave by:
 Limiting the designation to parcels that met the criteria as of January 1, 2025.
 Expanding the definition to include parcels that are:
o Surrounded on at least 75 percent of their perimeter by a combination of an interstate highway and
a parcel or parcels that are within an urban service district, area, or line and that the local
government has designated in the local government's future land use map as land that is to be
developed for industrial, commercial, or residential purposes.
o Surrounded on at least 50 percent of their perimeter by a parcel or parcels that the local
government has designated on the local government's future land use map as land that is to be
developed for industrial, commercial, or residential purposes and the parcel or parcels are
surrounded on at least 50 percent of their perimeter by a parcel or parcels within an urban service
district, area, or line. Such a parcel may not exceed 700 acres.
o Located within the boundary of an established rural study area adopted in the local government's
comprehensive plan that was intended to be developed with residential uses.
 Allowing an applicant to offer to enter a binding agreement to pay for, construct, or contribute land for its
proportionate share of necessary public improvements to service the development.
 Requiring the parcels to be located in a county with 1.75 million or fewer residents as of the most recent
official state population estimate.

If a right-of-way, body of water, or canal exists along the perimeter of a parcel, the bill provides that perimeter
calculations for the agricultural enclave must be based on the adjacent parcel or parcels across the right-of-way,
body of water, or canal. (Section 2)

The changes made by the bill expire on January 1, 2028, and the bill provides the text of the amended subsections
shall revert to that in existence of September 30, 2026, on that date. (Section 3)

The effective date of the bill is July 1, 2026. (Section 4)

1 Ch. 163, Part II, F.S.
2 S. 163.3167(1), F.S.
3 S. 163.3167(2), F.S.

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HB 691

4 S. 163.3194(1)(a), F.S.
5 See, e.g., Sarasota County, Fla. Comprehensive Plan, Future Land Use Element, FLU Policy 1.1.1 (last visited Jan. 24, 2026).
6 S. 163.3177(1), F.S.
7 S. 163.3177(6), F.S.
8 S. 163.3177(1)(a), F.S.
9 S. 163.3177(3), (6)(a)-(i), F.S.
10 S. 163.3177(5)(a), F.S.
11 S. 163.3177(6)(a), F.S. Applicable uses and categories of public and private uses of land include, but are not limited to,

& Litig. 129, 154 (2019) (citing Brevard Cty. v. Snyder, 627 So. 2d 469, 475 (Fla. 1993)).
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HB 691
The future land use element of each comprehensive plan is required to consider both the amount of land required
to accommodate anticipated growth and methods of discouraging urban sprawl.15 Local governments balance
these priorities by the adoption of an urban services area, which is intended to contain a certain proportion of new
development over the planning period.16 As a part of the local government’s comprehensive plan, these areas can
normally be adjusted by the local governing body by a majority vote.17 Some counties, however, have adopted
charter amendments that require extraordinary thresholds for the adoption of comprehensive plan amendments
that adjust the boundary between urban and rural portions of the county.18

Local governments, through the future land use plan, are responsible for ensuring compatibility of uses on adjacent
lands, and particularly those lands in proximity to military installations and airports.21 To act on this requirement,
land use regulations are required to contain specific and detailed provisions necessary to ensure the compatibility
of adjacent land uses.22 In practice, these regulations take the form of zoning codes with compatibility standards
for height, density, setbacks, parking, and other general regulations on what types of developments can coexist.23

15 S. 163.3177(6)(a)2.a. and h., F.S.
16 See, e.g., Tallahassee-Leon County 2030 Comprehensive Plan, Land Use, Goal 1 (“The location and size of the [Urban Services

Area] shall be depicted on the Future Land Use Map and is based upon the area necessary to accommodate 90% of new
residential dwelling units within the County by the Plan Horizon[.]”).
17 See s. 163.3184(11)(a), F.S. (providing that the transmittal or adopting of a comprehensive plan amendment “shall be by

Development Boundary of the County's Comprehensive Development Master Plan shall require a two-thirds vote of the Board
of County Commissioners then in office) and Seminole County Charter, s. 5.2(B) (“Any vote to remove property from the Rural
Area, however, shall only be by Supermajority vote of the Board of County Commissioners”).
19 S. 163.3194(3), F.S.
20 S. 163.3164(9), F.S.
21 S. 163.3177(6)(a)2.-3., F.S.
22 S. 163.3202(2)(b), F.S.
23 See, e.g., City of Maitland Land Development Code, s. 5.10 (Residential Compatibility Standards).
24 Section 163.3184(1)(c), F.S., provides that “reviewing agencies” are the state land planning agency (Department of

Commerce), the appropriate regional planning council, the appropriate water management district, the Department of
Environmental Protection, the Department of State, the Department of Transportation, the Department of Education (for plan
amendments relating to public schools), the commanding officer of an affected military installation, the Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services (for county plans and plan
amendments), and, for municipal plans and plan amendments, the county in with the municipality is located. Amendments
that do not use the state expedited review process include plan amendments that are in an area of critical state concern;
propose a rural land stewardship area; propose a sector plan or an amendment to an adopted sector plan; or update a
comprehensive plan based on an evaluation and appraisal, which use the state coordinated review process and small-scale
development amendments that involve the use of 50 acres or fewer, only proposes a land use change to the future land use
map for a site-specific small-scale development activity, and only applies to property not located within an area of critical state
concern, absent an exception related to affordable housing development. Ss. 163.3184(2)(b)-(c), (4) and 163.3187, F.S.
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4
HB 691
affirmative vote of at least a majority of the governing body’s members present at the hearing.25 Within 10 working
days of such hearing, the local government must transmit the plan amendment and appropriate supporting data
and analyses to the reviewing agencies for expedited comment26 and to any other local government or
governmental agency that filed a written request for such transmittal with the local government.27 Interested
persons may also provide the local government with written or oral comments, recommendations, or objections to
the plan amendment.28

Within 10 working days of the adoption hearing, the local government must transmit the plan amendment to the
Department and any affected person who provided timely comments on the amendment.33 The Department must
review the amendment package for any deficiencies and send notice of such deficiencies to the local government
within five working days of receipt of the amendment package.34 If no deficiencies are found, the amendment takes
effect 31 days after the Department notifies the local government that the amendment package is complete for the
expedited state review process, 31 days after the adoption of the amendment for small-scale development
amendments, or pursuant to the Department’s notice of intent determining the amendment is in compliance for the
state coordinated review process.35

Each county and municipality must adopt and enforce land development regulations consistent with and that
implement its adopted comprehensive plan.37 Local governments are encouraged to use innovative land
development regulations38 and may adopt measures for the purpose of increasing affordable housing using land
use mechanisms.39

25 S. 163.3184(11), F.S.
26 The expedited review process is set out in s. 163.3184(3), F.S.
27 S. 163.3184(3), F.S.
28 Id.
29 S. 163.3184(3)(c)1., F.S. Plan amendments under the expedited state review process must be adopted within 180 days of the

second public hearing held to consider the amendments.
30 Small-scale comprehensive plan amendments are generally not reviewed by the Department. See ss. 163.3184(2)(b) and

163.3187, F.S.
31 Ss. 163.3184(2) and 163.3187(2), F.S.
32 S. 163.3184(3), (4), and (11), F.S.
33 Id.
34 S. 163.3184(3)(c)3. and (4)(e)3., F.S.
35 Ss. 163.3184(3)(c)4., 163.3184(4)(e)4.-5., and 163.3187(5)(c), F.S.
36 S. 163.3164(26), F.S.
37 S. 163.3202(1), F.S.
38 S. 163.3202(3), F.S.
39 S. 125.01055 and 166.04151, F.S.

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HB 691
Zoning
A comprehensive plan’s future land use element establishes a range of allowable uses and densities40 and
intensities41 over large areas, while the specific use and intensities for specific parcels within that range are
decided by a more detailed, implementing zoning map.42

Agricultural Enclaves
An agricultural enclave is an unincorporated, undeveloped parcel that:
 Is owned by a single person or entity;
 Has been in continuous use for bona fide agricultural purposes for five years before the date of any
comprehensive plan amendment application;
 Is surrounded on at least 75 percent of its perimeter by:
o Existing industrial, commercial, or residential development; or
o Property designated in the local government’s comprehensive plan and land development
regulations for future industrial, commercial, or residential development, and 75 percent of which
currently contains such development.

40 “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as

residents or employees per acre. S. 163.3164(12), F.S.
41 “Intensity” means an objective measurement of the extent to which land may be developed or used, including the

consumption or use of the space above, on, or below ground; the measurement of the use of or demand on natural resources;
and the measurement of the use of or demand on facilities and services. S. 163.3164(22), F.S.
42 Richard Grosso, A Guide to Development Order "Consistency" Challenges Under Florida Statutes Section 163.3215, 34 J. Envtl. L.

& Litig. 129, 154 (2019) citing Brevard Cnty. v. Snyder, 627 So. 2d 469, 475 (Fla. 1993).
43 See, e.g., Indian River County, Planning and Development Services FAQ (last visited Jan. 24, 2026).
44 See e.g., City of Tallahassee, Application for Rezoning Review (last visited Jan. 24, 2026).
45 See id. and City of Redington Shores, Planning and Zoning Board (last visited Jan. 24, 2026).
46 See e.g., City of Tallahassee, Variance and Appeals and Seminole County, Variance Process Requirements (last visited Jan. 24,

2026).
47 See ss. 125.66(5) and 166.041(3), F.S.

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HB 691
 Has public services, including water, wastewater, transportation, schools, and recreation facilities,
available or such public services are scheduled in the capital improvement element to be provided by the
local government (or provided by an alternative provider of local government infrastructure); and
 Does not exceed 1,280 acres, or 4,480 acres if the property is surrounded by existing or authorized
residential development with a density buildout of at least 1,000 residents per square mile.48

Current law allows the owner of an agricultural enclave to apply for an amendment to the local government
comprehensive plan for the purpose of developing the land in a manner consistent with surrounding uses.49 The
amendment is presumed not to be urban sprawl if it includes land uses and intensities of use that are consistent
with the uses and intensities of use of the industrial, commercial, or residential areas that surround the parcel. 50
This presumption may be rebutted by clear and convincing evidence.51

Once the complete application is submitted, the local government and applicant must agree in writing within 30
days to a schedule for submission of information, public hearings, negotiations, and final action on the
amendment.52 This schedule may only be altered by mutual written consent of the parties. The parties have 180
days from the submission of a completed application to negotiate in good faith to reach consensus on the land uses
and intensities of use that are consistent with the uses and intensities of use of the industrial, commercial, or
residential areas that surround the parcel.

Regardless of whether the local government and owner reach consensus on the land uses and intensities of use
that are consistent with the uses and intensities of use of the industrial, commercial, or residential areas that
surround the parcel, the amendment must be transmitted to the Department for review.53 The amendment is
presumed to not be urban sprawl, but this presumption may be rebutted by clear and convincing evidence.

If an owner does not negotiate in good faith, the plan amendment is not entitled to the rebuttable presumption that
the amendment is not urban sprawl in either process.54 However, compliance with the schedule contained in the
written agreement between the parties constitutes good faith negotiations.55

The agricultural enclave provisions do not preempt or replace any protection currently existing for property
located within the boundaries of the Wekiva Study Area or to the Everglades Protection Area.56

Writ of Certiorari
A writ of certiorari is an “extraordinary writ issued by an appellate court, at its discretion, directing a lower court
to deliver the record in the case for review.”57 Circuit courts and District Courts of Appeal in the state are
empowered by the State Constitution to issue writs of certiorari.58 The writ of certiorari “is generally the proper
procedural vehicle to challenge a final action of an administrative tribunal not subject to the Administrative
Procedure Act, such as a local zoning board decision, under Florida law.”59 Circuit courts most often serve as trial

48 S. 163.3164(4), F.S.
49 S. 163.3162(4), F.S.
50 Id. “Urban sprawl” means a development pattern characterized by low density, automobile-dependent development with

either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in
an inefficient manner, and failing to provide a clear separation between urban and rural uses. S. 163.3164(54), F.S.
51 Clear and convincing evidence is a legal standard that means “evidence indicating that the thing to be proved is highly

probable or reasonably certain. This is a greater burden than preponderance of the evidence, the standard applied in most
civil trials, but less than beyond a reasonable doubt, the norm for criminal trials.” Black’s Law Dictionary (12th ed).
52 S. 163.3162(4)(a), F.S.
53 S. 163.3162(4)(b), F.S.
54 S. 163.3162(4)(c), F.S.
55 S. 163.3162(4)(c), F.S.
56 S. 163.3162(4)(d), F.S.
57 Black’s Law Dictionary (12 ed. 2024).
58 Art. V, ss. 4(b)(3) and 5(b), Fla. Const.
59 Cory W. Eichhorn, Second-Tier Certiorari Standard of Review Under Florida Law, 81 Fla. B.J. 30 (Feb. 2007).

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HB 691
court, not as an appellate court, but when presented with a writ of certiorari, a “circuit court reviews the decision
of an administrative tribunal much as it would on plenary appeal.”60

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 13 Y, 0 N 1/28/2026 Darden Darden
Subcommittee
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
State Affairs Committee

60 Id.

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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

HB 691 2026

1 A bill to be entitled
2 An act relating to agricultural enclaves; amending s.
3 163.3162, F.S.; authorizing owners of certain parcels
4 to apply to the governing body of the local government
5 for certification of such parcels as agricultural
6 enclaves; requiring the local government to provide to
7 the applicant a certain report within a specified
8 timeframe; requiring the local government to hold a
9 public hearing within a specified timeframe to approve
10 or deny such certification; requiring the
11 certification of a parcel as an agricultural enclave
12 under certain circumstances; requiring the governing
13 body to issue certain decisions in writing;
14 authorizing an applicant to seek judicial review under
15 certain circumstances; authorizing the owner of a
16 parcel certified as an agricultural enclave to submit
17 certain development plans; requiring that certain
18 developments be treated as a conforming use;
19 prohibiting a local government from enacting or
20 enforcing certain laws or regulations; requiring a
21 local government to treat certain agricultural
22 enclaves as if they are within urban service
23 districts; requiring the local government and the
24 owner of a parcel certified as an agricultural enclave
25 to enter a certain written agreement; deleting

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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

HB 691 2026

26 provisions relating to certain amendments to a local
27 government's comprehensive plan; revising
28 construction; amending s. 163.3164, F.S.; revising the
29 definition of the term "agricultural enclave";
30 providing for the future expiration and reversion of
31 specified provisions; providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Subsection (4) of section 163.3162, Florida
36 Statutes, is amended to read:
37 163.3162 Agricultural lands and practices.—
38 (4) PUBLIC HEARING PROCESS.—
39 (a) Notwithstanding any other law or local ordinance,
40 resolution, or regulation, the owner of a parcel of land may
41 apply to the governing body of the local government for
42 certification of the parcel as an agricultural enclave as
43 defined in s. 163.3164 if one or more adjacent parcels or an
44 adjacent development permits the same density as, or higher
45 density than, the proposed development.
46 (b) Within 30 days after the local government's receipt of
47 such an application, the local government shall provide to the
48 applicant a written report detailing whether the application
49 complies with the requirements of paragraph (a).
50 (c) Within 30 days after the local government provides the

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51 report required under paragraph (b), the local government shall
52 hold a public hearing to approve or deny certification of the
53 parcel as an agricultural enclave. If the local government does
54 not approve or deny certification of the parcel as an
55 agricultural enclave within 90 days after receipt of the
56 application, the parcel must be certified as an agricultural
57 enclave.
58 (d) If the application is denied, the governing body of
59 the local government must issue its decision in writing with
60 detailed findings of fact and conclusions of law. The applicant
61 may seek review of the denial by filing a petition for writ of
62 certiorari in the circuit court within 30 days after the date
63 the local government renders its decision.
64 (e) If the application is approved, the owner of the
65 parcel certified as an agricultural enclave may submit
66 development plans for single-family residential housing which
67 are consistent with the land use requirements, or future land
68 use designations, including uses, density, and intensity, of one
69 or more adjacent parcels or an adjacent development. A
70 development for which plans are submitted under this paragraph
71 must be treated as a conforming use, notwithstanding the local
72 government's comprehensive plan, future land use designation, or
73 zoning.
74 (f) A local government may not enact or enforce a law or
75 regulation for an agricultural enclave which is more burdensome

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76 than for other types of applications for comparable uses or
77 densities. A local government shall treat an agricultural
78 enclave that is adjacent to an urban service district as if such
79 enclave is within the urban service district.
80 (g) Within 30 business days after the local government's
81 receipt of development plans under paragraph (e), the local
82 government and the owner of the parcel certified as an
83 agricultural enclave must agree in writing to a process and
84 schedule for information submittal, analysis, and final
85 approval, which may be administrative in nature, of the
86 development plans. The local government may not require the
87 owner to agree to a process that is longer than 180 days in
88 duration or that includes further review of the plans in a
89 quasi-judicial process or public hearing AMENDMENT TO LOCAL
90 GOVERNMENT COMPREHENSIVE PLAN.—The owner of a parcel of land
91 defined as an agricultural enclave under s. 163.3164 may apply
92 for an amendment to the local government comprehensive plan
93 pursuant to s. 163.3184. Such amendment is presumed not to be
94 urban sprawl as defined in s. 163.3164 if it includes land uses
95 and intensities of use that are consistent with the uses and
96 intensities of use of the industrial, commercial, or residential
97 areas that surround the parcel. This presumption may be rebutted
98 by clear and convincing evidence. Each application for a
99 comprehensive plan amendment under this subsection for a parcel
100 larger than 640 acres must include appropriate new urbanism

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101 concepts such as clustering, mixed-use development, the creation
102 of rural village and city centers, and the transfer of
103 development rights in order to discourage urban sprawl while
104 protecting landowner rights.
105 (a) The local government and the owner of a parcel of land
106 that is the subject of an application for an amendment shall
107 have 180 days following the date that the local government
108 receives a complete application to negotiate in good faith to
109 reach consensus on the land uses and intensities of use that are
110 consistent with the uses and intensities of use of the
111 industrial, commercial, or residential areas that surround the
112 parcel. Within 30 days after the local government's receipt of
113 such an application, the local government and owner must agree
114 in writing to a schedule for information submittal, public
115 hearings, negotiations, and final action on the amendment, which
116 schedule may thereafter be altered only with the written consent
117 of the local government and the owner. Compliance with the
118 schedule in the written agreement constitutes good faith
119 negotiations for purposes of paragraph (c).
120 (b) Upon conclusion of good faith negotiations under
121 paragraph (a), regardless of whether the local government and
122 owner reach consensus on the land uses and intensities of use
123 that are consistent with the uses and intensities of use of the
124 industrial, commercial, or residential areas that surround the
125 parcel, the amendment must be transmitted to the state land

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126 planning agency for review pursuant to s. 163.3184. If the local
127 government fails to transmit the amendment within 180 days after
128 receipt of a complete application, the amendment must be
129 immediately transferred to the state land planning agency for
130 such review. A plan amendment transmitted to the state land
131 planning agency submitted under this subsection is presumed not
132 to be urban sprawl as defined in s. 163.3164. This presumption
133 may be rebutted by clear and convincing evidence.
134 (c) If the owner fails to negotiate in good faith, a plan
135 amendment submitted under this subsection is not entitled to the
136 rebuttable presumption under this subsection in the negotiation
137 and amendment process.
138 (h)(d) Nothing within this subsection relating to
139 agricultural enclaves shall preempt or replace any protection
140 currently existing for any property located within the
141 boundaries of any of the following areas:
142 1. The Wekiva Study Area, as described in s. 369.316.; or
143 2. The Everglades Protection Area, as defined in s.
144 373.4592(2).
145 3. A military installation or range identified in s.
146 163.3175(2).
147 Section 2. Subsection (4) of section 163.3164, Florida
148 Statutes, is amended to read:
149 163.3164 Community Planning Act; definitions.—As used in
150 this act:

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151 (4) "Agricultural enclave" means an unincorporated,
152 undeveloped parcel or parcels that, as of January 1, 2025:
153 (a) Are Is owned or controlled by a single person or
154 entity;
155 (b) Have Has been in continuous use for bona fide
156 agricultural purposes, as defined by s. 193.461, for a period of
157 5 years before prior to the date of any comprehensive plan
158 amendment or development application;
159 (c)1. Are Is surrounded on at least 75 percent of their
160 its perimeter by:
161 a.1. A parcel or parcels Property that have has existing
162 industrial, commercial, or residential development; or
163 b.2. A parcel or parcels Property that the local
164 government has designated, in the local government's
165 comprehensive plan, zoning map, and future land use map, as land
166 that is to be developed for industrial, commercial, or
167 residential purposes, and at least 75 percent of such parcel or
168 parcels property is existing industrial, commercial, or
169 residential development; or
170 c. A combination of an interstate highway and a parcel or
171 parcels that are within an urban service district, area, or line
172 and that the local government has designated in the local
173 government's future land use map as land that is to be developed
174 for industrial, commercial, or residential purposes;
175 2. Do not exceed 700 acres and are surrounded on at least

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176 50 percent of their perimeter by a parcel or parcels that the
177 local government has designated on the local government's future
178 land use map as land that is to be developed for industrial,
179 commercial, or residential purposes; and the parcel or parcels
180 are surrounded on at least 50 percent of their perimeter by a
181 parcel or parcels within an urban service district, area, or
182 line; or
183 3. Are located within the boundary of an established rural
184 study area adopted in the local government's comprehensive plan
185 which was intended to be developed with residential uses;
186 (d) Have Has public services, including water, wastewater,
187 transportation, schools, and recreation facilities, available or
188 such public services are scheduled in the capital improvement
189 element to be provided by the local government or can be
190 provided by an alternative provider of local government
191 infrastructure in order to ensure consistency with applicable
192 concurrency provisions of s. 163.3180, or the applicant offers
193 to enter into a binding agreement to pay for, construct, or
194 contribute land for its proportionate share of such
195 improvements; and
196 (e) Do Does not exceed 1,280 acres; however, if the parcel
197 or parcels are property is surrounded by existing or authorized
198 residential development that will result in a density at
199 buildout of at least 1,000 residents per square mile, then the
200 area must shall be determined to be urban and the parcel or

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201 parcels may not exceed 4,480 acres; and
202 (f) Are located within a county with a population of 1.75
203 million or less. For purposes of this subsection, population is
204 determined in accordance with the most recent official estimate
205 pursuant to s. 186.901.
206
207 Where a right-of-way, body of water, or canal exists along the
208 perimeter of a parcel, the perimeter calculations of the
209 agricultural enclave must be based on the adjacent parcel or
210 parcels across the right-of-way, body of water, or canal.
211 Section 3. The amendments made by this act to ss.
212 163.3162(4) and 163.3164(4), Florida Statutes, shall expire
213 January 1, 2028, and the text of those subsections shall revert
214 to that in existence on September 30, 2026, except that any
215 amendment to such text enacted other than by this act shall be
216 preserved and continue to operate to the extent that such
217 amendment is not dependent upon the portions of text which
218 expire pursuant to this section.
219 Section 4. This act shall take effect July 1, 2026.

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HOUSING, AGRICULTURE & TOURISM SUBCOMMITTEE

HB 691 by Rep. Botana
Agricultural Enclaves

AMENDMENT SUMMARY
February 5, 2026

Amendment #305719 by Rep. Botana (Lines 145-146): The amendment exempts Areas of
Critical State Concern and the Florida wildlife corridor from the agricultural enclave development
process.

Amendment #354223 by Rep. Botana (Lines 212-214): The amendment provides that the
bill’s changes to current law – with the exception of the change exempting Areas of Critical
State Concern and the Florida wildlife corridor from the agricultural enclave development
process – expire on January 1, 2028, at which point such laws revert to those in existence on
June 30, 2026.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 691 (2026)
Amendment No.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Botana offered the following:
4
5 Amendment
6 Remove lines 145-146 and insert:
7 3. Any area of critical state concern, as designated in
8 ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555.
9 4. The Florida wildlife corridor, as defined in s.
10 259.1055(4).
11 5. A military installation or range, as identified in s.
12 163.3175(2).

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 691 (2026)
Amendment No.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Botana offered the following:
4
5 Amendment
6 Remove lines 212-214 and insert:
7 163.3162(4)(a)-(g), 163.3162(4)(h)5., and 163.3164(4), Florida
8 Statutes, shall expire January 1, 2028, and the text of those
9 subsections, paragraphs, and sub-paragraphs, as applicable,
10 shall revert to that in existence on June 30, 2026, except that
11 any

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HB 741
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 741 COMPANION BILL: SB 998 (Yarborough)
TITLE: Department of Commerce LINKED BILLS: None
SPONSOR(S): Owen RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Transportation & Economic Commerce
 Development Budget 

SUMMARY
Effect of the Bill:
The bill addresses various matters related to community, workforce, and economic development and the Florida
Department of Commerce (Department). The bill revises provisions related to:
 The acquisition of state lands for the purpose of buffering a military installation against encroachment;
 The Rural Economic Development Initiative;
 The Florida Small Cities Community Development Block Grant Program;
 Florida Is For Veterans, Inc.; and
 Employment eligibility and verification.

Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state government, because while the Department is granted
rulemaking and enforcement authority, these activities align with current responsibilities and resources. The bill
may have an indeterminate, positive impact on local governments due to reduced administrative processes.

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ANALYSIS
EFFECT OF THE BILL:
Acquisition of State Lands for Military Buffers

The bill exempts from the requirement that certain lands buffering a military installation against encroachment
revert back to the Board of Trustees of the Internal Improvement Fund if the land is not used for its intended
purposes as a buffer for a military installation, even if the specific military mission, use, or function of the land is
modified or changed. (Section 1)

Rural Economic Development Initiative

The bill redefines what qualifies as a “rural community” for purposes of the Rural Economic Development Initiative
(REDI) by: providing that an unincorporated area recommended by the Department of Commerce (Department)
and designated by the Governor which has a population of 25,000 or fewer and which meets three or more
economic distress factors may qualify as a rural community for REDI; removing unincorporated federal enterprise
communities and incorporated rural cities with a population of 25,000 or fewer and an employment base focused
on traditional agricultural or resource-based industries, located in a county not defined as rural, from the
definition of a “rural community.” (Section 2)

Community Development Block Grant Program

STORAGE NAME: h0741.HAT
DATE: 2/3/2026
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HB 741
The bill replaces the Florida Small Cities Community Development Block Grant Program with the Community
Development Block Grant Program (Program). (Sections 3, 4, and 5)

The bill repeals the following program provisions: (Section 3)
 S. 290.0411, F.S., relating to legislative intent and purpose.
 S. 290.042, F.S., relating to definitions.
 S. 290.0455, F.S., relating to the Small Cities Community Development Block Grant Loan Guarantee
Program.
 S. 290.046, F.S., relating to procedures and requirements for grant applications.
 S. 290.047, F.S., relating to grant ceilings and maximum administrative cost percentages, elimination of
population bias, and loans in default.
 S. 290.0475, F.S., relating to circumstances when grant applications are ineligible for funding.
 S. 290.048, F.S., relating to powers of the Department to carry out the purposes and provisions of the
program.

The bill designates the Department as the state agency to receive federal funding from the U.S. Department of
Housing and Urban Development (HUD) and to administer the Program. The bill allows the Department to award
grants under the Program in any manner and in any amount, consistent with the purposes and requirements of the
Housing and Community Development Act of 1974, as amended, and applicable federal regulations (Act). The
Department may expend funds received from HUD consistent with the Act. (Section 5)

The bill provides that, if, in any year, the Department receives additional federal funding through HUD for
necessary expenses related to disaster recovery, long-term recovery, and restoration of infrastructure in impacted
and distressed areas arising from the consequences of a federally declared disaster, the Department must
administer such funding in accordance with the federal law authorizing such funding, including any implementing
guidance or regulations adopted by HUD. (Section 5)

The bill provides that, if, in any year, the Department receives additional federal funding through HUD for any
purpose not specifically provided in the bill, the Department must administer such funding in accordance with the
law authorizing such funding, including any implementing guidance or regulations adopted by HUD. (Section 5)

The bill allows the Department to adopt rules to administer the program. (Section 5)

Collaborations with Florida Is For Veterans, Inc.

The bill removes programs and initiatives under the international trade and tourism direct support organization as
programs that “Florida Is For Veterans, Inc.,” may collaborate with for outreach, information exchange, marketing,
and referrals. (Section 6)

Employment Verification

The bill clarifies and adds procedures for enforcing employment verification and eligibility procedures.

The bill creates the following definitions related to employment verification: (Section 7)
 "Employer" means any person, firm, company, corporation, association, joint stock company, partnership,
organization, or other legal entity, or any agent thereof, which engages one or more individuals to perform
labor or services in this state in exchange for salary, wages, or other remuneration. The term does not
include:
o An occupant or owner of a private residence with respect to an individual hired for casual labor, as
defined in s. 443.036, F.S., which is to be performed entirely within that private residence.
o A person or entity solely with respect to its engagement of an independent contractor, as defined in
federal laws or regulations.

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 "Noncompliance" means:
o The failure of an employer to verify a new employee's employment eligibility through the E-Verify
system.
o An employer's failure to timely provide, upon request by a specified government entity, copies of
the documentation the employer relied upon to verify a new employee's employment eligibility.

The bill requires employers to maintain an E-Verify case for each employee which verifies the employee's
employment eligibility. (Section 7)

The bill provides that if an employer fails to provide requested documentation that was relied upon by the
employer for the verification of a new employee’s employment eligibility within 30 days after a request made by
specified government entities, it constitutes noncompliance. Each failure to timely provide the documentation
constitutes a noncompliance event for the application of fines. (Section 7)

If the Department has a reasonable basis to believe that an employer failed to use the E-Verify system to verify the
employment eligibility of employees, then the Department must, before the imposition of a fine or suspension of
licenses, issue an initial notification of noncompliance to the employer. (Section 7)

The bill provides that an employer's failure to provide copies of any documentation relied upon by the employer
for the verification of a new employee's employment eligibility to the specified government entities constitutes a
reasonable basis that an employer failed to use the E-Verify system. The Department must notify the employer that
it must cure the noncompliance within 30 days after the date of the initial notification. The Department, for good
cause shown by the employer, may grant the employer an additional 30 days to cure the noncompliance. If the
employer does not timely cure the noncompliance, the Department shall issue a final determination of
noncompliance to the employer, which is subject to Ch. 120, F.S., the Administrative Procedure Act (APA). If the
employer requests a hearing, the hearing shall be held pursuant to ss. 120.569 and 120.57(1), F.S., except that the
order of an administrative law judge is a final order and reviewable under s. 120.68, F.S. (Section 7)

If the Department determines that an employer failed to use the E-Verify system and the employer failed to cure
the noncompliance, then the Department must impose a fine of $1,000 for each employee who is not verified,
rather than a fine of $1,000 per day until the employer provides the Department with sufficient proof that the
noncompliance was cured after failing to use the E-Verify system three times in a 24-month period. Any
subsequent noncompliance by the employer after the final determination of noncompliance constitutes grounds
for the suspension of all licenses issued by a licensing agency until the noncompliance is cured, subject to the APA.
(Section 7)

The bill provides that to cure noncompliance, the employer must: (Section 7)
 Register with the E-Verify system if the employer is not already registered.
 Use the E-Verify system or the Employment Eligibility Verification form (Form I-9) to properly verify the
employment eligibility of each employee.
 Provide an E-Verify case result for each employee which verifies the employee's employment eligibility.
 Provide an affidavit to the Department, under penalty of perjury, that all instances of noncompliance have
been corrected and that the employer is now in full compliance.

The bill provides that, in addition to any fines, the Department is entitled to recover the reasonable costs of
investigation and prosecution if the employer is found to have violated employment eligibility provisions. The
court determines the amount of costs to be assessed after its consideration of an affidavit of itemized costs and any
written objections to the affidavit. If the assessed costs are not paid within 60 days after assessment, the
Department may contract for the collection of such costs, in which case any fees charged by the collection agent
may be added to the amount recovered from the employer, or the Department may bring a civil action to recover
such costs, in which case the Department is also entitled to recover reasonable attorney fees and court costs
incurred in such action. All recovered costs, including additional amounts recovered for collection efforts, must be
deposited into the State Economic Enhancement and Development Trust Fund. (Section 7)
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HB 741

The bill provides that the Department may not investigate a complaint that is based solely on race, color, or
national origin. (Section 7)

The bill changes the date on which the E-Verify provision expires. The bill provides that the provision expires after
the E-Verify system is no longer provided or maintained by the Federal Government, or when the Federal
Government requires the use of the E-Verify system by all employers in the United States, rather than 60 days after
the E-Verify system is no longer a pilot program, and the Federal Government requires the use of the E-Verify
system by all employers in the United States. (Section 7)

The bill provides a presumption that an employer knowingly employs an unauthorized alien when the employer is
aware of the unauthorized alien's unauthorized status or fails to take reasonable steps to verify the unauthorized
alien's employment eligibility after being made aware of potential violations. (Section 8)

The bill provides that if the Department finds or is notified by a specified government entity that an employer has
knowingly employed an unauthorized alien, then the Department must provide the employer with a written
determination subject to the APA. If the employer requests a hearing, the hearing shall be held pursuant to ss.
120.569 and 120.57(1), F.S., except that the order of an administrative law judge is a final order and reviewable
under s. 120.68, F.S. The bill removes a redundant provision. (Section 8)

When an employer is on probation for a violation of s. 448.09, F.S., the bill requires the employer to submit an
affidavit on or before the last day of each quarter that affirms the employer is not employing any unauthorized
aliens and is in compliance with employment verification laws. The first quarter starts from the issuance date of
the final order. Each subsequent quarter starts 90 days after the previous quarter. The Department may enforce
compliance by filing a petition for enforcement with the circuit court in Leon County, and the venue for all such
actions is in Leon County. (Section 8)

When any violation of s. 448.09, F.S., takes place within 24 months after a previous violation, constituting grounds
for the suspension or revocation of all licenses, the bill requires the Department to provide the employer with a
written determination subject to the APA. The hearing shall be held pursuant to ss. 120.569 and 120.57(1), F.S.,
except that the order of the administrative law judge is a final order and appealable pursuant to s. 120.68, F.S.
(Section 8)

The bill allows the Department to adopt rules necessary to establish procedures for reporting, enforcement,
compliance, noncompliance, license suspension, and the application of fines, as well as any other rules required for
effective enforcement and administration of employment eligibility and employment of unauthorized alien
provisions. (Sections 7 and 8)

The bill makes a conforming change. (Section 9)

The bill provides an effective date of July 1, 2026. (Section 10)

RULEMAKING:
The bill gives rulemaking authority to the Department to administer the Community Development Block Grant
Program and for enforcement of employment verification requirements.

Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.

FISCAL OR ECONOMIC IMPACT:

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HB 741
STATE GOVERNMENT:
According to the Department, the bill has no direct impact on state revenues. State fiscal impacts are expected to be
minimal and largely absorbed within existing resources. While the Department is granted rulemaking and
enforcement authority, these activities align with current responsibilities. Streamlining the Community
Development Block Grant program framework may improve administrative efficiency without increasing overall
costs.1

LOCAL GOVERNMENT:
According to the Department, the bill reduces administrative processes which may deliver a positive fiscal impact
to local governments. Local governments may experience reduced administrative and consulting expenses due to
fewer procedural requirements.2

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Department of Commerce

The Department of Commerce (Department) was formed to assist the Governor in working with the Legislature,
state agencies, business leaders, and economic development professionals to formulate and implement coherent
and consistent policies and strategies designed to promote economic opportunities for all Floridians. The
Department is the state’s chief agency for business recruitment and expansion and economic development.3 The
Department has the following divisions and offices:4
 The Division of Economic Development,
 The Division of Community Development,
 The Division of Workforce Services,
 The Division of Finance and Administration,
 The Division of Information Technology,
 The Office of the Secretary, and
 The Office of Economic Accountability and Transparency.

Acquisition of State Lands for Military Buffers

The Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) holds state lands in trust for
the use and benefit of the people of Florida.5 The Board of Trustees consists of the Governor, Attorney General,
Chief Financial Officer, and Commissioner of Agriculture. The Board of Trustees may acquire, sell, transfer, and
administer state lands in the manner consistent with Chs. 253 and 259, F.S.6 The Department of Environmental
Protection, through its Division of State Lands, performs all staff duties and functions related to the acquisition,
administration, and disposition of state lands.7

“Conservation lands” are lands managed for conservation, outdoor resource-based recreation, or archaeological or
historic preservation, except those lands acquired solely to facilitate the acquisition of other conservation lands.8

1 Department of Commerce, Analysis of 2026 House Bill 741, p.6 (Dec. 22, 2025).
2 Id.
3 S. 20.60(4), F.S.
4 S. 20.60(3)(a), F.S.
5 S. 253.001, F.S.
6 S. 253.02(1), F.S.
7 S. 253.002(1), F.S.
8 S. 253.034(2)(c), F.S.

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HB 741
The Board of Trustees may acquire nonconservation lands from the Department’s annual list through the Military
Base Protection Program to buffer a military installation against encroachment.9 A conveyance at less than
appraised value must state that the land will revert to the Board of Trustees if it is not used for its intended
purpose as a military installation buffer, or if the military installation closes.10

Rural Economic Development Initiative

The Rural Economic Development Initiative (REDI) was established by the Legislature to encourage and facilitate
the location and expansion of major economic development projects of significant scale in rural communities.11
Today, REDI operates as a statewide initiative led by the Department to better serve Florida’s rural communities
by providing a more focused and coordinated effort among state and regional agencies to improve the fiscal,
economic, and community viability of these areas.12

Specified agencies and organizations13 are required to designate a high-level staff person to serve as their REDI
representative. Each REDI representative is responsible for ensuring that their agency or organization is informed
about REDI and helps to identify opportunities to accommodate or include rural local governments in their agency
programs.

REDI is required to review and evaluate the impact of statutes and rules on rural communities and work to
minimize any adverse impacts, and undertake outreach and capacity-building efforts.14 Under the REDI statute, a
rural community is defined as:
 A county with a population of 75,000 or fewer;
 A county with a population of 125,000 or fewer, if the county is contiguous to a county with a population of
75,000 or fewer;
 Any municipality in a county that meets the above criteria; or
 An unincorporated federal enterprise community or an incorporated rural city with a population of 25,000
or fewer, with an employment base focused on traditional agriculture or resource-based industries, located
in a county not defined as rural, and which has at least three or more economic distress factors.15

Each REDI member agency is required to review financial match requirements for projects in rural areas and
develop a proposal to waive or reduce match requirements, and such proposals must be submitted to REDI.16 REDI
must call a meeting within 30 days of receipt of such proposals for comment and recommendation.17 Waivers and
reductions of financial match requirements must be requested by the county or community, and, to the fullest
extent possible, member organizations must expedite the adoption of rules and amendments to incorporate the
reduction in match for rural areas in financial distress.18 REDI must prepare an annual report as a supplement to
FloridaCommerce’s annual report, which includes an evaluation of the status of changes to rules, the number of
awards made with waivers, and recommendations for future changes.19

9 S. 253.025(21)(a), F.S.
10 S. 253.025(21)(d), F.S.
11 S. 288.0656(1)(a), F.S.
12 S. 288.0656(3), F.S.
13 The Department of Transportation, Department of Environmental Protection, Department of Agriculture and Consumer

Services, Department of State, Department of Health, Department of Children and Families, Department of Corrections,
Department of Education, Department of Juvenile Justice, Fish and Wildlife Conservation Commission, each water
management district, CareerSource Florida, Inc., VISIT Florida, the Florida Regional Planning Council Association, Agency for
Health Care Administration, and the Institute of Food and Agricultural Sciences (IFAS). See s. 288.0656(6)(a), F.S.
14 S. 288.0656(4), F.S.
15 S. 288.0656(2)(e), F.S.
16 S. 288.06561, F.S.
17 S. 288.06561(3), F.S.
18 S. 288.06561(4), (7), F.S.
19 S. 288.06561(8), F.S.

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Based on recommendations of REDI, the Governor may designate up to three rural areas of opportunity (RAOs) by
executive order,20 which establishes certain local governments as a priority for the Department. The orders also
permit all state agencies and departments to use all available tools and resources, to the extent permitted by law,
to promote the creation and development of projects designated by the RAO that have been recommended by the
department.21

Community Development Block Grant Program

The Community Development Block Grant (CDBG) program under the U.S. Department of Housing and Urban
Development (HUD) was established under Title I of the Housing and Community Development Act of 1974 (Act)22
and has funded more than $160 billion in block grants to support eligible program activities.23

The CDBG program is a long-standing program providing flexible federal funding to states and localities to support
economic development, community development, and infrastructure. As a block grant program, CDBG provides
grantees with some discretion in administering program funds within specific activity categories. Grantees are
required to demonstrate that each grant-funded activity is aligned with one of the following three statutorily
defined national objectives:24
 Principally benefit low- and moderate-income persons;
 Aid in the prevention or elimination of slums or blight; or
 Meet an urgent need by addressing conditions that pose a serious and immediate threat to the health and
safety of residents.

Approximately 70% of CDBG program funds are distributed to entitlement communities, defined as:25
 Principal metropolitan cities,
 Other cities with populations of 50,000 or greater, and
 Urban counties with populations of 200,000 or greater (excluding entitlement city populations).

The remaining 30% of funds are allocated to states based on a separate formula allocation process. State CDBG
funds are to be distributed by states to communities that do not qualify for entitlement funds. Before allocations
are made to states and localities, $7 million is statutorily set aside to be distributed among U.S. territories.26

The CDBG program works to provide decent housing and a suitable living environment by expanding economic
opportunities to the most vulnerable in Florida communities. A need is considered urgent if it poses a serious and
immediate threat to the health or welfare of the community and has arisen in the past 18 months.27

In Florida, the Department manages four CDBG programs:28

20 S. 288.0656(7)(a), F.S.
21 Executive Orders 20-170, 21-149, and 23-132 and 25-141, https://www.flgov.com/eog/sites/default/files/executive-

orders/2024/EO_20-170.pdf, https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO_21-149.pdf,
https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO-23-132.pdf, and
https://www.flgov.com/eog/sites/default/files/executive-orders/2025/EO%2025-141.pdf (last visited Jan. 29, 2026)
22 Public Law 93-383.
23 Joseph V. Jaroscak, Community Development Block Grants: Funding and Allocation Processes, Congressional Research Service,

R46733 (Mar. 24, 2021) https://www.congress.gov/crs-
product/R46733?q=%7B%22search%22%3A%22Housing+and+Community+Development+Act+of+1974%22%7D&s=2&r=1
1 (last visited Feb. 2, 2026).
24 Id.
25 Id.
26 Id.
27 Florida Department of Commerce, Community Development Block Grant Program, https://floridajobs.org/community-

planning-and-development/assistance-for-governments-and-organizations/community-development-block-grant-program
(last visited Jan. 29, 2026).
28 Id.

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 Florida Small Cities Community Development Block Grant Program,
 CDBG – Coronavirus Relief Funding,
 Office of Disaster Recovery, and
 Neighborhood Stabilization Program.

Small Cities Community Development Block Grant Program

The Department administers the Small Cities CDBG Program and distributes funds to eligible non-entitlement
communities. To be eligible, a city must have a population under 50,000 or a county must have a population under
200,000.29 Subgrants are awarded to communities in the following funding categories: economic development,
neighborhood revitalization, housing rehabilitation, commercial revitalization, and any other activity by federal
law.30

The Department may annually set aside up to 15 percent of CDBG funds for use in eligible local government
jurisdictions for which an emergency or natural disaster has been declared by executive order.31

The Department is prohibited from awarding a grant until it has conducted a site visit to verify the information
contained in the local government’s application.32 The Department must rank each grant application and may
prohibit an applicant from receiving the grant or penalize an applicant in the rating of an application if the
Department determines that any applicant has failed to substantially accomplish the results it proposed in
previously funded applications.33 Additionally, applicants must hold at least two public hearings in the local
jurisdiction where the project is to be completed: one for public input and community needs, and one for
comments on the proposed application, including a published summary.34

Collaborations with Florida Is For Veterans, Inc.

“Florida Is For Veterans, Inc.,” (Corporation) was created within the Florida Department of Veterans’ Affairs as a
nonprofit corporation and is not a unit or entity of state government.35 The Corporation serves as the state’s initial
point of military transition assistance dedicated to promoting Florida as a veteran-friendly state helping to provide
veterans and their spouses with employment opportunities and promoting the hiring of veterans and their spouses
by the business community. The Corporation encourages retired and recently separated military personnel to
remain in this state, promotes the value of military skill sets to businesses in this state, assists in tailoring the
training of veterans and their spouses to match the needs of the employment marketplace, and enhances the
entrepreneurial skills of veterans and their spouses.36

The Corporation may assist state agencies and entities with recruiting veteran talent into their workforces. The
Corporation may collaborate with other state agencies and entities for outreach, information exchange, marketing,
and referrals regarding programs and initiatives from several agencies, including the following from the
Department:37
 The Disabled Veteran Outreach Program and local veteran employment representatives.
 CareerSource Florida, Inc., and local workforce boards employment and recruitment services.
 The Quick-Response Training Program.

29 Id.
30 S. 290.044(3), F.S.
31 S. 290.044(5), F.S.
32 S. 290.046(2)(d), F.S.
33 S. 290.046(2)(c), F.S.
34 S. 290.046(4), F.S.
35 S. 295.21(1), F.S.
36 S. 295.21(2), F.S.
37 S. 295.22(5), F.S.

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 Efforts of the Florida Defense Support direct-support organization created under s. 288.987, the Florida
Small Business Development Center Network, and the international trade and tourism direct support
organization established in s. 288.012(6).

Employment Verification

E-Verify is a web-based system that allows enrolled employers to confirm whether new employees are eligible to
work in the United States. Florida requires the use of the E-Verify system to verify a new employee’s employment
eligibility by:38
 All public employers.
 Private employers with 25 or more employees.

Each employer in Florida that is required, or who volunteers, to use the E-Verify system, must certify on its first
return each calendar year to the tax service provider that it is in compliance with E-Verify requirements when
making contributions to or reimbursing the state’s unemployment compensation or reemployment assistance
system.39

The law provides requirements for employers when the system is unavailable,40 requires employers to retain
documentation of verifications,41 and prohibits an employer from continuing to knowingly employ an
unauthorized alien.42

If the E-Verify system is unavailable for the three business days after the first day a new employee begins working
and the employer cannot access the system to verify the employee’s employment eligibility, the employer must use
the Employment Eligibility Verification Form (Form I-9) to verify employment eligibility. The employer must
document the unavailability of the system by retaining: a screenshot each day that shows the employer’s inability
to access the system; a public announcement that the E-Verify system is not available; or any other communication
or notice regarding the unavailability of the system.43

The following specified government entities may request, and an employer must provide, copies of any
documentation relied upon by the employer for the verification of a new employee’s employment eligibility:44
 The Department of Law Enforcement;
 The Attorney General;
 The state attorney in the circuit in which the new employee works;
 The statewide prosecutor; or
 The Department.

These entities must rely on the federal government to verify an employee’s employment eligibility and may not
independently make a final determination as to whether an employee is an unauthorized alien.45

An employer that uses the E-Verify system or, if that system is unavailable, the Form I-9, with respect to the
employment of an unauthorized alien has established a rebuttable presumption and an affirmative defense that the

38 S. 448.095(2)(a), (b), F.S.
39 S. 448.095(2)(b)3., F.S.
40 S. 448.095(2)(c), F.S.
41 S. 448.095(2)(d), F.S.
42 S. 448.095(2)(e), F.S.
43 S. 448.095(2)(c), F.S.
44 S. 448.095(3)(a), F.S.
45 S. 448.095(3)(b), F.S.

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employer has not violated the state prohibition on hiring unauthorized aliens,46 with respect to such
employment.47

The Department is responsible for the administration of compliance requirements, as follows:48
 If it determines that an employer failed to use the E-Verify system, the Department is required to:
o Notify the employer of its determination; and
o Provide the employer with 30 days to cure the noncompliance.
 If the Department determines that an employer failed to use the E-Verify system as required three times in
any 24-month period, it must impose a fine of $1,000 per day until the employer provides proof of
compliance.
 Noncompliance constitutes grounds for the suspension of all licenses issued by a licensing agency subject
to the Administrative Procedure Act, until the noncompliance is cured.
 Fines must be deposited into the State Economic Enhancement and Development Trust Fund for use by the
Department for employer outreach and public notice of the state’s employment verification laws.

Federal E-Verify Law

To use the E-Verify system, an employer must open a “case” for the employee on the system and enter basic
information from the employee’s Form I-9 (name, address, and Social Security Number) into the case.49 Then, the
system checks the submitted information to records that are available to the U.S. Department of Homeland Security
(DHS) and the U.S. Social Security Administration (SSA), and issues one of the following possible results to the
employer:50
 Employment Authorized - The employee’s information matched records available to the DHS and/or SSA.
 E-Verify Needs More Time - This case was referred to the DHS for further verification.
 Tentative Non-confirmation (Mismatch) - Information did not match records available to the DHS
and/or SSA. Additional action is required.
 Case in Continuance - The employee has contacted the DHS or visited an SSA field office, but more time is
needed to determine a final case result.
 Close Case and Resubmit – The DHS or SSA requires that the employer close the case and create a new
case for the employee. This result may be issued when the employee’s United States passport, passport
card, or driver’s license information is incorrect.
 Final Non-confirmation - E-Verify cannot confirm the employee’s employment eligibility after the
employee contacted the DHS or SSA, the time for resolving the case expired, or the DHS closed the case
without confirming the employee’s employment eligibility for some other reason.

If the result is Tentative Non-confirmation, then the employer must notify the employee, who must take further
action to verify his or her eligibility. If the result is E-Verify Needs More Time or Case in Continuance, then the E-
Verify system needs more time to process the case.51

E-Verify Defenses for Employers

46 S. 448.09, F.S.
47 S. 448.095(4)(a), F.S.
48 S. 448.095(6), F.S.
49 E-Verify, Verification Process, for details on how the system works, https://www.e-verify.gov/employers/verification-

process (last visited Feb. 2, 2026). Before using E-Verify, an employer must enroll and sign a Memorandum of Understanding
that provides the terms of agreement between the employer and the DHS. See E-Verify, The E-Verify Memorandum of
Understanding for Employers, https://www.e-verify.gov/sites/default/files/everify/memos/MOUforEVerifyEmployer.pdf (last
visited Feb. 2, 2026).
50 Id.
51 Id.

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The Immigration Reform and Control Act (IRCA) provides sanctions to be imposed on employers who knowingly
employ aliens who are not authorized to work.52 Federal law contains no criminal sanction for working without
authorization, although document fraud is a civil violation.53 The United States Citizenship and Immigration
Services (USCIS) enforces these provisions.54

According to the Immigration and Nationality Act (INA), an employer using E-Verify or the Form I-9, establishing
good faith compliance with the law, has established an affirmative defense and a rebuttable presumption that the
person or entity has not violated the federal law with respect to such hiring, recruiting, or referring.55

The Administrative Procedure Act

The Administrative Procedure Act56 provides a process for determining when an agency action affects a person’s
substantial interests.57 The process differs depending on whether the hearing involves a disputed issue of material
fact.58 If the dispute does not involve a disputed issue of material fact, the agency must:
 Give reasonable notice to all parties of the agency’s action or inaction, including a summary of factual, legal,
and policy grounds for making the decision.
 Give parties or their counsel the option to present the agency or hearing officer evidence in opposition to
the action or inaction or provide a written statement.
 If the objections of the parties are overruled, provide a written explanation within seven days.59

If a disputed issue of material fact does exist, the issue is assigned to an administrative law judge who conducts a
hearing in which all parties have an opportunity to respond, present evidence and argument on all issues involved,
conduct cross-examination and submit rebuttal evidence, submit proposed findings of facts and orders, and file
exceptions to the presiding officer's recommended order.60 A hearing may only occur if the agency determines the
petition contains all required information.61

Unless waived or extended with the consent of all parties, a final order in the proceeding must be rendered within
90 days:
 After the hearing is concluded, if conducted by the agency;
 After a recommended order is submitted to the agency and mailed to all parties, if the hearing is conducted
by an administrative law judge; or
 After the agency has received the written and oral material it has authorized to be submitted, if there has
been no hearing.62

The final order must be in writing and include findings of fact, if any, as well as the conclusions of law.63 A party
who is adversely affected by final agency action is entitled to judicial review.64

52 8 U.S.C. s. 1324a(a)(1)-(2).
53 8 U.S.C. s. 1324c.
54 8 U.S.C. s. 1324a.
55 8 U.S.C. s. 1324a(a)(3) and (b)(6); 8 U.S.C. s. 1324a notes, Pilot Programs for Employment Eligibility Confirmation.
56 Ch. 120, F.S.
57 S. 120.569, F.S.
58 S. 120.569(1), F.S.
59 S. 120.57(2)(a), F.S.
60 S. 120.57(1), F.S.
61 S. 120.569(2)(c)-(d), F.S.
62 S. 120.569(2)(l), F.S.
63 Id.
64 S. 120.68, F.S.

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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Wright
Subcommittee
Transportation & Economic
Development Budget
Subcommittee
Commerce Committee

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HB 741 2026

1 A bill to be entitled
2 An act relating to the Department of Commerce;
3 amending s. 253.025, F.S.; exempting federal agencies
4 from a requirement that a conveyance at less than
5 appraised value must state that the land will revert
6 to the board of trustees if the land is not used for
7 its intended purposes as a military installation
8 buffer or if the military installation closes;
9 amending s. 288.0656, F.S.; revising the definition of
10 the term "rural community"; repealing ss. 290.0401,
11 290.0411, 290.042, 290.0455, 290.046, 290.047,
12 290.0475, and 290.048, F.S., relating to Florida Small
13 Cities Community Development Block Grant Program Act,
14 legislative intent and purpose, definitions, Florida
15 Small Cities Community Development Block Grant Loan
16 Guarantee Program, applications for grants,
17 establishment of grant ceilings and maximum
18 administrative cost percentages and the elimination of
19 population bias, rejection of grant applications and
20 penalties for failure to meet application conditions,
21 and general powers of department under s. 290.0401,
22 respectively; amending s. 290.043, F.S.; renaming the
23 "Florida Small Cities Community Development Block
24 Grant Program" as the "Community Development Block
25 Grant Program"; amending s. 290.044, F.S.; revising

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26 provisions relating to the Florida Small Cities
27 Community Development Block Grant Program Fund;
28 renaming the fund as the "Community Development Block
29 Grant Program Fund"; providing definitions;
30 designating the Department of Commerce as the state
31 agency to receive federal funding from the United
32 States Department of Housing and Urban Development to
33 administer the Community Development Block Grant
34 Program; providing that the department shall
35 administer additional federal funding in accordance
36 with federal law and guidance from the Department of
37 Housing and Urban Development; authorizing the
38 Department of Commerce to adopt rules; amending s.
39 295.22, F.S.; conforming a cross reference; amending
40 s. 448.095, F.S.; defining the terms "employer" and
41 "noncompliance"; providing that an employer must
42 maintain an E-Verify case for each employee; providing
43 that an employer's failure to provide requested
44 documentation within a specified time period
45 constitutes noncompliance; requiring the department to
46 issue a notification of noncompliance containing
47 specified information; providing that if the employer
48 fails to cure the noncompliance, the department shall
49 issue a final determination of noncompliance;
50 providing requirements for specified hearings for

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51 employers under certain circumstances; providing
52 penalties; providing requirements for an employer to
53 cure specified noncompliance with the E-Verify system;
54 authorizing the department to adopt rules; providing
55 that the department may recover specified costs;
56 requiring such funds to be deposited into the State
57 Economic Enhancement and Development Trust Fund;
58 providing construction; amending s. 448.09, F.S.;
59 providing that an employer knowingly employs an
60 unauthorized alien if specified conditions are met;
61 requiring the department to provide an employer with a
62 written determination that an employer has knowingly
63 employed an unauthorized alien; providing that if an
64 employer requests a hearing the administrative law
65 judge's final order is appealable; providing that an
66 employer report quarterly to the department to
67 demonstrate compliance; authorizing the department to
68 adopt rules; amending s. 163.3184, F.S.; conforming
69 cross-references and changes made by the act;
70 providing an effective date.
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. Paragraph (e) is added to subsection (21) of
75 section 253.025, Florida Statutes, to read:

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76 253.025 Acquisition of state lands.—
77 (21)
78 (e) Federal agencies, including the United States
79 Department of Defense, are exempt from s. 253.025(21)(d) if the
80 land continues to serve the general purpose of acting as a
81 buffer for a military installation, even if the specific
82 military mission, use, or function of the land is modified or
83 changed.
84 Section 2. Paragraph (e) of subsection (2) of section
85 288.0656, Florida Statutes, is amended to read:
86 288.0656 Rural Economic Development Initiative.—
87 (2) As used in this section, the term:
88 (e) "Rural community" means:
89 1. A county with a population of 75,000 or fewer.
90 2. A county with a population of 125,000 or fewer which is
91 contiguous to a county with a population of 75,000 or fewer.
92 3. A municipality within a county described in
93 subparagraph 1. or subparagraph 2.
94 4. An unincorporated area recommended by the department
95 and designated by the Governor which has federal enterprise
96 community or an incorporated rural city with a population of
97 25,000 or fewer and which meets an employment base focused on
98 traditional agricultural or resource-based industries, located
99 in a county not defined as rural, which has at least three or
100 more of the economic distress factors identified in paragraph

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101 (c) and verified by the department.
102
103 For purposes of this paragraph, population shall be determined
104 in accordance with the most recent official estimate pursuant to
105 s. 186.901.
106 Section 3. Sections 290.0401, 290.0411, 290.042, 290.0455,
107 290.046, 290.047, 290.0475, and 290.048, Florida Statutes, are
108 repealed.
109 Section 4. Section 290.043, Florida Statutes, is amended
110 to read:
111 290.043 Florida Small Cities Community Development Block
112 Grant Program; administration.—There is created the Florida
113 Small Cities Community Development Block Grant Program. The
114 department shall administer the program as authorized and
115 described in Title I of the Housing and Community Development
116 Act of 1974, as amended; Pub. L. No. 93-383, as amended by Pub.
117 L. No. 96-399 and Pub. L. No. 97-35; 42 U.S.C. ss. 5301 et seq.
118 Section 5. Section 290.044, Florida Statutes, is amended
119 to read:
120 (Substantial rewording of section. See
121 s. 290.044, F.S., for present text.)
122 290.044 Community Development Block Grant Program Fund;
123 administration; distribution.—
124 (1) The Community Development Block Grant Program Fund is
125 created.

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126 (2) For the purpose of this section, the term:
127 (a) "Act" means the Housing and Community Development Act
128 of 1974, as amended, and applicable federal regulations.
129 (b) "Program" means the Community Development Block Grant
130 Program.
131 (3) The department is designated as the state agency to
132 receive federal funding from the Department of Housing and Urban
133 Development and to administer the program. The department may
134 award grants under the program in any manner and in any amount,
135 consistent with the purposes and requirements of the act. The
136 department may expend funds received from Department of Housing
137 and Urban Development consistent with the act.
138 (4) If, in any year, the department receives additional
139 federal funding through the Department of Housing and Urban
140 Development for necessary expenses related to disaster recovery,
141 long-term recovery, and restoration of infrastructure in
142 impacted and distressed areas arising from the consequences of a
143 federally declared disaster, the department shall administer
144 such funding in accordance with the federal law authorizing such
145 funding, including any implementing guidance or regulations
146 adopted by the Department of Housing and Urban Development.
147 (5) If, in any year, the department receives additional
148 federal funding through the Department of Housing and Urban
149 Development for any purpose not specifically provided in this
150 section, the department shall administer such funding in

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151 accordance with the law authorizing such funding, including any
152 implementing guidance or regulations adopted by the Department
153 of Housing and Urban Development.
154 (6) The department may adopt rules to administer this
155 section.
156 Section 6. Paragraph (c) of subsection (5) of section
157 295.22, Florida Statutes, is amended to read:
158 295.22 Veterans Employment and Training Services Program.—
159 (5) COLLABORATION.—
160 (c) The corporation may collaborate with other state
161 agencies and entities for outreach, information exchange,
162 marketing, and referrals regarding programs and initiatives that
163 include, but are not limited to, the program created by this
164 section and those within any of the following:
165 1. The Department of Veterans' Affairs:
166 a. Access to benefits and assistance programs.
167 b. Hope Navigators Program.
168 2. The Department of Commerce:
169 a. The Disabled Veteran Outreach Program and local veteran
170 employment representatives.
171 b. CareerSource Florida, Inc., and local workforce boards
172 employment and recruitment services.
173 c. The Quick-Response Training Program.
174 d. Efforts of the direct-support organization created
175 under s. 288.987 and, the Florida Small Business Development

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176 Center Network, and the direct support organization established
177 in s. 288.012(6).
178 3. The Department of Business and Professional Regulation,
179 reciprocity and the availability of certain license and fee
180 waivers.
181 4. The Department of Education:
182 a. CAPE industry certifications under s. 1008.44.
183 b. Information related to earning postsecondary credit at
184 public postsecondary educational institutions for college-level
185 training and education acquired in the military under s.
186 1004.096.
187 5. The Department of Health:
188 a. The Office of Veteran Licensure Services.
189 b. The Florida Veterans Application for Licensure Online
190 Response expedited licensing.
191 6. The Office of Reimagining Education and Career Help.
192 Section 7. Paragraph (c) and paragraphs (d) through (f) of
193 subsection (1) of section 448.095, Florida Statutes, are
194 redesignated as paragraph (d) and paragraphs (f) through (h),
195 respectively, paragraph (b) of subsection (2), subsection (6),
196 and paragraphs (a) and (c) of subsection (7) are amended, new
197 paragraphs (c) and (e) are added to subsection (1), and
198 paragraph (c) is added to subsection (3) of that section, to
199 read:
200 448.095 Employment eligibility.—

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201 (1) DEFINITIONS.—As used in this section, the term:
202 (c) "Employer" means any person, firm, company,
203 corporation, association, joint stock company, partnership,
204 organization, or other legal entity, or any agent thereof, which
205 engages one or more individuals to perform labor or services in
206 this state in exchange for salary, wages, or other remuneration.
207 The term does not include:
208 1. An occupant or owner of a private residence with
209 respect to an individual hired for casual labor, as defined in
210 s. 443.036, which is to be performed entirely within that
211 private residence.
212 2. A person or entity solely with respect to its
213 engagement of an independent contractor, as defined in federal
214 laws or regulations.
215 (e) "Noncompliance" means:
216 1. The failure of an employer to verify a new employee's
217 employment eligibility through the E-Verify system.
218 2. An employer's failure to timely provide, upon request
219 by an entity or person listed in paragraph (3)(a), copies of the
220 documentation the employer relied upon to verify a new
221 employee's employment eligibility.
222 (2) EMPLOYMENT VERIFICATION.—
223 (b)1. A public agency shall use the E-Verify system to
224 verify a new employee's employment eligibility as required under
225 paragraph (a).

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226 2. Beginning on July 1, 2023, a private employer with 25
227 or more employees shall use the E-Verify system to verify a new
228 employee's employment eligibility as required under paragraph
229 (a). The employer must maintain an E-Verify case for each
230 employee which verifies the employee's employment eligibility.
231 3. Each employer required to use the E-Verify system under
232 this paragraph must certify on its first return each calendar
233 year to the tax service provider that it is in compliance with
234 this section when making contributions to or reimbursing the
235 state's unemployment compensation or reemployment assistance
236 system. An employer that voluntarily uses the E-Verify system
237 may also make such a certification on its first return each
238 calendar year in order to document such use.
239 (3) ENFORCEMENT.—
240 (c) Failure by an employer to provide the requested
241 documentation within 30 days after a request made under
242 paragraph (a) constitutes noncompliance. Each failure to timely
243 provide the documentation constitutes a noncompliance event for
244 the application of fines under paragraph (6)(b).
245 (6) COMPLIANCE.—
246 (a) In addition to the requirements under s. 288.061(6),
247 beginning on July 1, 2024, if the Department of Commerce has a
248 reasonable basis to believe determines that an employer failed
249 to use the E-Verify system to verify the employment eligibility
250 of employees as required under this section, the department

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251 must, before the imposition of a fine or suspension of licenses,
252 issue an initial notification of noncompliance to the employer.
253 An employer's failure to provide copies of any documentation
254 relied upon by the employer for the verification of a new
255 employee's employment eligibility to a person or entity listed
256 in paragraph (3)(a) constitutes a reasonable basis that an
257 employer failed to use the E-Verify system. The department must
258 notify the employer that it must cure the noncompliance within
259 30 days after the date of the department's initial notification.
260 The department, for good cause shown by the employer, may grant
261 the employer an additional 30 days to cure the noncompliance. If
262 the employer does not timely cure the noncompliance, the
263 department shall issue a final determination of noncompliance to
264 the employer, which is subject to chapter 120. If the employer
265 requests a hearing, the hearing shall be held pursuant to ss.
266 120.569 and 120.57(1), except that the order of an
267 administrative law judge is a final order and reviewable under
268 s. 120.68 notify the employer of the department's determination
269 of noncompliance and provide the employer with 30 days to cure
270 the noncompliance.
271 (b) If the Department of Commerce determines that an
272 employer failed to use the E-Verify system as required under
273 this section and the employer failed to cure the noncompliance
274 in accordance with paragraph (a) three times in any 24-month
275 period, the department must impose a fine of $1,000 for each

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276 employee not verified pursuant to this section. Any subsequent
277 noncompliance by the employer after the final determination of
278 per day until the employer provides sufficient proof to the
279 department that the noncompliance is cured. noncompliance
280 constitutes grounds for the suspension of all licenses issued by
281 a licensing agency subject to chapter 120 until the
282 noncompliance is cured.
283 (c) To cure noncompliance, the employer must:
284 1. Register with the E-Verify system if the employer is
285 not already registered.
286 2. Use the E-Verify system or the Employment Eligibility
287 Verification form (Form I-9) as provided in paragraph (2)(c) to
288 properly verify the employment eligibility of each employee.
289 3. Provide an E-Verify case result for each employee which
290 verifies the employee's employment eligibility.
291 4. Provide an affidavit to the Department of Commerce,
292 under penalty of perjury, that all instances of noncompliance
293 have been corrected and that the employer is now in full
294 compliance with this section.
295 (d)(c) Fines collected under this subsection must be
296 deposited into the State Economic Enhancement and Development
297 Trust Fund for use by the department for employer outreach and
298 public notice of the state's employment verification laws.
299 (e) The Department of Commerce may adopt rules necessary
300 to implement this section. The department may establish

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301 procedures for reporting, enforcement, compliance,
302 noncompliance, license suspension, and the application of fines,
303 as well as any other rules required for effective enforcement
304 and administration of this section.
305 (f) In addition to any penalties imposed under this
306 section, the Department of Commerce is entitled to recover the
307 reasonable costs of investigation and prosecution if the
308 employer is found to have violated this section. The court shall
309 determine the amount of costs to be assessed after its
310 consideration of an affidavit of itemized costs and any written
311 objections thereto. If the assessed costs are not paid within 60
312 days after assessment, the department may contract for the
313 collection of such costs, in which case any fees charged by the
314 collection agent may be added to the amount recovered from the
315 employer, or may bring a civil action to recover such costs, in
316 which case the department is also entitled to recover reasonable
317 attorney fees and court costs incurred in such action. All
318 recovered costs, including additional amounts recovered for
319 collection efforts, shall be deposited into the State Economic
320 Enhancement and Development Trust Fund.
321 (7) CONSTRUCTION.—
322 (a) This section must be enforced without regard to race,
323 color, or national origin and must be construed in a manner so
324 as to be fully consistent with any applicable federal laws or
325 regulations. The Department of Commerce may not investigate a

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326 complaint that is based solely on race, color, or national
327 origin.
328 (c) This section shall expire 60 days after the E-Verify
329 system is no longer provided or maintained by the Federal
330 Government, or when a pilot program, and the Federal Government
331 requires the use of the E-Verify system by all employers in the
332 United States.
333 Section 8. Section 448.09, Florida Statutes, is amended to
334 read:
335 448.09 Unauthorized aliens; employment prohibited.—
336 (1) It is unlawful for any person to knowingly employ,
337 hire, recruit, or refer, either for herself or himself or on
338 behalf of another, for private or public employment within this
339 state, an alien who is not duly authorized to work by the
340 immigration laws of the United States, the Attorney General of
341 the United States, or the United States Secretary of the
342 Department of Homeland Security. An employer knowingly employs
343 an unauthorized alien if the employer is aware of the
344 unauthorized alien's unauthorized status or fails to take
345 reasonable steps to verify the unauthorized alien's employment
346 eligibility after being made aware of potential violations.
347 (2) If the Department of Commerce finds or is notified by
348 an entity specified in s. 448.095(3)(a) that an employer has
349 knowingly employed an unauthorized alien, the department must
350 provide the employer with a written determination subject to

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351 chapter 120. If the employer requests a hearing, the hearing
352 shall be held pursuant to ss. 120.569 and 120.57(1), except that
353 the order of an administrative law judge is a final order and
354 reviewable under s. 120.68 without verifying the employment
355 eligibility of such person, the department must enter an order
356 pursuant to chapter 120 making such determination and require
357 repayment of any economic development incentive pursuant to s.
358 288.061(6).
359 (3) For a violation of this section, the department shall
360 place the employer on probation for a 1-year period and require
361 that the employer report quarterly to the department to
362 demonstrate compliance with the requirements of subsection (1)
363 and s. 448.095. On or before the last day of each quarter, the
364 employer must submit an affidavit that affirms the employer is
365 not employing any unauthorized aliens and is in compliance with
366 s. 448.095. The first quarter will commence from the issuance
367 date of the final order. Each subsequent quarter commences 90
368 days after the previous quarter. The department may enforce
369 compliance with this subsection by filing a petition for
370 enforcement with the circuit court in and for Leon County. Venue
371 for all actions under this subsection is in Leon County.
372 (4) Any violation of this section which takes place within
373 24 months after a previous violation constitutes grounds for the
374 suspension or revocation of all licenses issued by a licensing
375 agency subject to chapter 120. The Department of Commerce must

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376 provide the employer with a written determination subject to
377 chapter 120. The hearing shall be held pursuant to ss. 120.569
378 and 120.57(1), except that the order of the administrative law
379 judge is a final order and appealable pursuant to s. 120.68. The
380 department shall take the following actions for a violation
381 involving:
382 (a) One to ten unauthorized aliens, suspension of all
383 applicable licenses held by a private employer for up to 30 days
384 by the respective agencies that issued them.
385 (b) Eleven to fifty unauthorized aliens, suspension of all
386 applicable licenses held by a private employer for up to 60 days
387 by the respective agencies that issued them.
388 (c) More than fifty unauthorized aliens, revocation of all
389 applicable licenses held by a private employer by the respective
390 agencies that issued them.
391 (5) An alien who is not duly authorized to work by the
392 immigration laws of the United States, the Attorney General of
393 the United States, or the United States Secretary of the
394 Department of Homeland Security and who knowingly uses a false
395 identification document or who fraudulently uses an
396 identification document of another person for the purpose of
397 obtaining employment commits a felony of the third degree,
398 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
399 (6) The Department of Commerce may adopt rules to
400 implement this section.

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401 Section 9. Paragraph (b) of subsection (8) of section
402 163.3184, Florida Statutes, is amended to read:
403 163.3184 Process for adoption of comprehensive plan or
404 plan amendment.—
405 (8) ADMINISTRATION COMMISSION.—
406 (b) The commission may specify the sanctions provided in
407 subparagraphs 1. and 2. to which the local government will be
408 subject if it elects to make the amendment effective
409 notwithstanding the determination of noncompliance.
410 1. The commission may direct state agencies not to provide
411 funds to increase the capacity of roads, bridges, or water and
412 sewer systems within the boundaries of those local governmental
413 entities which have comprehensive plans or plan elements that
414 are determined not to be in compliance. The commission order may
415 also specify that the local government is not eligible for
416 grants administered under the following programs:
417 a. The Florida Small Cities Community Development Block
418 Grant Program, as authorized by ss. 290.043-290.044 ss.
419 290.0401-290.048.
420 b. The Florida Recreation Development Assistance Program,
421 as authorized by chapter 375.
422 c. Revenue sharing pursuant to ss. 206.60, 210.20, and
423 218.61 and chapter 212, to the extent not pledged to pay back
424 bonds.
425 2. If the local government is one which is required to

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426 include a coastal management element in its comprehensive plan
427 pursuant to s. 163.3177(6)(g), the commission order may also
428 specify that the local government is not eligible for funding
429 pursuant to s. 161.091. The commission order may also specify
430 that the fact that the coastal management element has been
431 determined to be not in compliance shall be a consideration when
432 the department considers permits under s. 161.053 and when the
433 Board of Trustees of the Internal Improvement Trust Fund
434 considers whether to sell, convey any interest in, or lease any
435 sovereignty lands or submerged lands until the element is
436 brought into compliance.
437 3. The sanctions provided by subparagraphs 1. and 2. do
438 not apply to a local government regarding any plan amendment,
439 except for plan amendments that amend plans that have not been
440 finally determined to be in compliance with this part, and
441 except as provided in this paragraph.
442 Section 10. This act shall take effect July 1, 2026.

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HOUSING, AGRICULTURE & TOURISM SUBCOMMITTEE

HB 741 by Rep. Owen
Department of Commerce

AMENDMENT SUMMARY
February 5, 2026

Amendment #846551 by Rep. Owen (Line 94): The amendment:
• Removes the requirement that an unincorporated area must be recommended by the
Department of Commerce and designated by the Governor in order to qualify for the
Rural Economic Development Initiative.
• Allows the Department to award grants under the Community Development Block Grant
program consistent with the Housing and Community Development Act of 1974 (Act),
rather than in any manner and in any amount consistent with the Act.
• Removes the provision prohibiting certain collaborations with Florida Is For Veterans,
Inc.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 741 (2026)
Amendment No.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Owen offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 94-191 and insert:
7 4. An unincorporated area that has federal enterprise
8 community or an incorporated rural city with a population of
9 25,000 or fewer and that meets an employment base focused on
10 traditional agricultural or resource-based industries, located
11 in a county not defined as rural, which has at least three or
12 more of the economic distress factors identified in paragraph
13 (c) and verified by the department.
14
15 For purposes of this paragraph, population shall be determined
16 in accordance with the most recent official estimate pursuant to
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 741 (2026)
Amendment No.

17 s. 186.901.
18 Section 3. Sections 290.0401, 290.0411, 290.042, 290.0455,
19 290.046, 290.047, 290.0475, and 290.048, Florida Statutes, are
20 repealed.
21 Section 4. Section 290.043, Florida Statutes, is amended
22 to read:
23 290.043 Florida Small Cities Community Development Block
24 Grant Program; administration.—There is created the Florida
25 Small Cities Community Development Block Grant Program. The
26 department shall administer the program as authorized and
27 described in Title I of the Housing and Community Development
28 Act of 1974, as amended; Pub. L. No. 93-383, as amended by Pub.
29 L. No. 96-399 and Pub. L. No. 97-35; 42 U.S.C. ss. 5301 et seq.
30 Section 5. Section 290.044, Florida Statutes, is amended
31 to read:
32 (Substantial rewording of section. See
33 s. 290.044, F.S., for present text.)
34 290.044 Community Development Block Grant Program Fund;
35 administration; distribution.—
36 (1) The Community Development Block Grant Program Fund is
37 created.
38 (2) For the purpose of this section, the term:
39 (a) "Act" means the Housing and Community Development Act
40 of 1974, as amended, and applicable federal regulations.
41 (b) "Program" means the Community Development Block Grant
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 741 (2026)
Amendment No.

42 Program.
43 (3) The department is designated as the state agency to
44 receive federal funding from the Department of Housing and Urban
45 Development and to administer the program. The department may
46 award grants under the program consistent with the purposes and
47 requirements of the act. The department may expend funds
48 received from Department of Housing and Urban Development
49 consistent with the act.
50 (4) If, in any year, the department receives additional
51 federal funding through the Department of Housing and Urban
52 Development for necessary expenses related to disaster recovery,
53 long-term recovery, and restoration of infrastructure in
54 impacted and distressed areas arising from the consequences of a
55 federally declared disaster, the department shall administer
56 such funding in accordance with the federal law authorizing such
57 funding, including any implementing guidance or regulations
58 adopted by the Department of Housing and Urban Development.
59 (5) If, in any year, the department receives additional
60 federal funding through the Department of Housing and Urban
61 Development for any purpose not specifically provided in this
62 section, the department shall administer such funding in
63 accordance with the law authorizing such funding, including any
64 implementing guidance or regulations adopted by the Department
65 of Housing and Urban Development.
66 (6) The department may adopt rules to administer this
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 741 (2026)
Amendment No.

67 section.
68
69 -----------------------------------------------------
70 T I T L E A M E N D M E N T
71 Remove lines 38-39 and insert:
72 Department of Commerce to adopt rules; amending

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HB 999
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 999 COMPANION BILL: SB 1226 (Burgess)
TITLE: Refrigerant Safety and Agricultural Continuity LINKED BILLS: None
SPONSOR(S): Gonzalez Pittman RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Natural Resources & Disasters Commerce
 

SUMMARY
Effect of the Bill:
The bill creates the "Refrigerant Safety and Agricultural Continuity Act," which addresses refrigerant requirements
for agricultural use. The bill provides that Florida’s agricultural food processing and cold chain industries may
continue to purchase, install, and service equipment utilizing R-410A refrigerant through January 1, 2035, or until
otherwise determined by the Legislature, notwithstanding any federal phase-down schedule or other conflicting
law.

Fiscal or Economic Impact:
The bill will likely have an indeterminate, negative fiscal impact on state government and an indeterminate,
positive fiscal impact on the private sector.

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ANALYSIS
EFFECT OF THE BILL:
The bill creates s. 604.74, F.S., the "Refrigerant Safety and Agricultural Continuity Act," which addresses refrigerant
requirements for agricultural use.

The bill provides the following definitions:
 "Agricultural refrigerant application" means any cooling or cold storage system used for agricultural
production or food processing, packaging, or transport.
 "A2L refrigerant" means any refrigerant classified as lower toxicity and mildly flammable under American
Society of Heating, Refrigerating and Air-Conditioning Engineers Standard 34.

The bill provides that Florida’s agricultural food processing and cold chain industries may continue to purchase,
install, and service equipment utilizing R-410A refrigerant through January 1, 2035, or until otherwise determined
by the Legislature, notwithstanding any federal phase-down schedule or other conflicting law.

The bill provides that a person or business entity operating in compliance with the bill and using R-410A
refrigerant may not be held liable solely for continued use of such refrigerant under any federal phase-down
schedule until a state-certified safe alternative is fully available.

The bill requires the Florida Department of Agriculture and Consumer Services (FDACS) to maintain records of R-
410A equipment installations and coordinate with relevant federal agencies to ensure compliance with applicable
reporting requirements.

STORAGE NAME: h0999.HAT
DATE: 2/3/2026
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The bill requires FDACS, in consultation with the Department of Environmental Protection and the State Fire
Marshal, by January 1, 2027, to provide an annual report to the President of the Senate and the Speaker of the
House of Representatives on:
 Safety performance data for A2L refrigerants, including R-454B refrigerants.
 Availability of compliant equipment and certified technicians for statewide transition to A2L refrigerants.
 Insurance and liability standards applicable to A2L refrigerant systems.
 Recommendations regarding readiness for statewide transition to A2L refrigerants.

The bill allows FDACS to coordinate with Florida College System institutions, career centers, and industry trade
associations to expand training and certification programs for the safe handling, installation, and servicing of A2L
refrigerants.

The bill allows FDACS to adopt rules to implement the bill.

The bill provides the following Legislative findings:
 Florida’s agricultural food processing and cold chain industries rely upon refrigerant systems that ensure
product safety, temperature stability, and export reliability.
 The U.S. Environmental Protection Agency’s (EPA) technology transition rule requires replacement of R-
410A refrigerants with A2L refrigerants, including R-454B refrigerants, beginning in calendar years 2025
and 2026. R-454B refrigerant is classified as a mildly flammable refrigerant and has not been fully tested or
certified for all commercial agricultural refrigerant applications, creating potential risk of fire, equipment
failure, and insurance exclusion.
 A rapid transition to A2L refrigerants may impose substantial costs on Florida’s agricultural food
processing and cold chain industries with statewide economic impacts estimated in the billions of dollars.
 It is in the public interest to protect safety, food supply integrity, and small business continuity during the
refrigerant transition period.
 It is the intent of the Legislature to ensure the safety, economic stability, and operational continuity of this
state's agricultural food processing and cold chain industries by authorizing the continued use of R-410A
refrigerants until alternative refrigerants such as R-454B refrigerants are proven safe, fully certified, and
supported by adequate equipment availability, workforce training, and insurance coverage.

The bill provides that Florida’s enforcement discretion and safety timeline are consistent with its interest in
agriculture and public safety, and therefore the bill may not be construed to preempt or contravene the authority
of the EPA.

The bill provides an effective date of July 1, 2026.

RULEMAKING:
The bill allows FDACS to adopt rules to implement the bill.

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill will likely have an indeterminate, negative fiscal impact on state government related to regulation and
implementation of the bill by the Florida Department of Agriculture and Consumer Services.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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PRIVATE SECTOR:
The bill will likely have an indeterminate, positive fiscal impact on the private sector. The bill will allow Florida
companies to continue to install new and repair R-410A systems when parts for the systems are available.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
The American Innovation and Manufacturing Act

The American Innovation and Manufacturing (AIM) Act of 2020, enacted on December 27, 2020,1 authorizes the
U.S. Environmental Protection Agency (EPA) to phase down the production and consumption of
hydrofluorocarbons (HFCs) by 85 percent in a stepwise manner by 2036 in three main areas: phasing down the
production and consumption of listed HFCs, managing these HFCs and their substitutes, and facilitating the
transition to next-generation technologies through sector-based restrictions.2

HFCs are a class of potent greenhouse gases commonly used in refrigeration and air conditioning, aerosols, and
foam products. Their climate impact can be hundreds to thousands of times greater than carbon dioxide and have a
high global warming potential (GWP).3

EPA has issued final rules4 under the AIM Act to phase down the production and import of HFCs. The rules include
reporting and recordkeeping requirements for entities that produce, import, export, destroy, use as a feedstock,
reclaim, package, or otherwise distribute HFCs. EPA provides reporting forms and reporting instructions to assist
entities in fulfilling these requirements.5

As part of the phasedown, EPA uses an allowance allocation and trading program. An allowance is the unit of
measure that controls production and consumption of bulk HFCs. EPA will issue allowances that will be valid
between January 1 and December 31 of a given year, known as a “calendar-year allowance.” A calendar-year
allowance represents the privilege granted to an entity to produce or import bulk regulated substances in that
year.6

The Technology Transition Rule places restrictions on the manufacture and import of products and installation of
refrigeration, air conditioning, and heat pump systems take effect on different dates varying by subsector. The
earliest restrictions began on January 1, 2025, and the latest restrictions begin on January 1, 2028. EPA set these

1 42 U.S.C. § 7675 (2020).
2 U.S. Department of Environmental Protection (EPA), Background on HFCs and the AIM Act, https://www.epa.gov/climate-

hfcs-reduction/background-hfcs-and-aim-acthttps://www.epa.gov/climate-hfcs-reduction/background-hfcs-and-aim-act (last
visited Feb. 2, 2026).
3 EPA, Enforcement of the American Innovation and Manufacturing Act of 2020,

https://www.epa.gov/enforcement/enforcement-american-innovation-and-manufacturing-act-2020 (last visited Feb. 3,
2026).
4 40 C.F.R. part 40.
5 EPA, Reporting and Recordkeeping, https://www.epa.gov/climate-hfcs-reduction/reporting-and-recordkeeping (last visited

Feb. 3, 2026).
6 EPA, HFC Allowances, https://www.epa.gov/climate-hfcs-reduction/hfc-allowances (last visited Feb. 3, 2026).

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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HB 999
dates by considering the availability of substitutes and other factors prescribed in the AIM Act.7 R-410A, which is a
refrigerant8 that is a blend of HFC compounds R-32 and R-125, is part of the phasedown.9

R-410A and R-454B Refrigerants

R-410A is a refrigerant that has been used as a replacement for R-22, commonly known as Freon.10 R-410A is
widely used in commercial and industrial air conditioning systems. While it has been a reliable choice for
cooling, R-410A has a high GWP.11

R-454B is a type of A2L refrigerant that is replacing R-410A due to its lower GWP and improved energy efficiency.
It is designed to provide the same cooling performance while reducing environmental impact without HFCs.12

Companies installing A2L systems, including R-454 systems, will experience a transition and adjustment period
due to needed additional training. While A2L refrigerants are less flammable than A2 or A3 options, they are still
mildly flammable. With this in mind, professionals will need to understand the safety precautions they need to take
in order to protect themselves while working with A2L refrigerants.13 Technicians who work with A2L refrigerants
need to receive proper training and education regarding the safe handling of these new refrigerants, and will likely
need a EPA Section 608 Technician Certification, which is required for technicians who maintain, service, repair, or
dispose of equipment that could release refrigerants into the atmosphere.14

ASHRAE Standard 34

The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 34 establishes
a uniform system for assigning refrigerant reference numbers, safety classification based on toxicity and
flammability, application guidelines, and concentration limits, which provides a systematic approach to identifying
refrigerants and assessing their safety characteristics to enable proper selection, handling, and application in
refrigeration and air conditioning systems.15

R-410A is in safety group A1, meaning it has a low toxicity and is not flammable. A2L refrigerants have a low
toxicity and have a low flammability.16 Since R-454B is classified as an A2L refrigerant, it is mildly flammable but

7 EPA, Technology Transitions Program Fact Sheet, https://www.epa.gov/system/files/documents/2023-10/technology-

transitions-final-rule-fact-sheet-2023.pdf (last visited Feb. 3, 2026); 40 C.F.R. § 84.54.
8 In general, a refrigerant is a fluid that runs through the refrigerant lines of a system to cool warm air. The refrigerant changes

from liquid to gas during this process. The refrigerant gas is then condensed to a liquid to start the cycle again.
Refrigerants have traditionally contained hydrochlorofluorocarbons (HCFCs) or hydrofluorocarbons (HFCs), which are potent
greenhouse gases. Trane, Understanding R-454B Refrigerant,
https://www.trane.com/residential/en/resources/glossary/what-is-r454b-refrigerant/ (last visited Feb. 3, 2026).
9 Trane, R-410A Refrigerant, https://www.trane.com/residential/en/resources/glossary/what-is-r410a-refrigerant/ (last

visited Feb. 3, 2026).
10 Id.
11 A&G Services, A Deep Dive into the R-410A Phase-Out Timeline, https://agservicestx.com/r-410a-timeline/ (last visited Feb.

3, 2026).
12 Five Star Home Services, Is R-454B Flammable: Safety, Risks, and HVAC Compatibility,

https://www.myfivestarhomeservices.com/is-r-454b-flammable/ (last visited Feb. 3, 2026).
13 CareerEnterprise, A2L Refrigerants: Training and Certification for HVAC Professionals, (Aug. 20, 2024)

https://www.carrierenterprise.com/hvac-news/a2l-refrigerants-training-and-certification (last visited Feb. 3, 2026).
14 40 CFR Part 82, Subpart F; EPA, Section 608 Technician Certification Requirements,

https://www.epa.gov/section608/section-608-technician-certification-requirements (last visited Feb. 3, 2026).
15 ASHRAE, ASHRAE Refrigerant Designations, https://www.ashrae.org/technical-resources/standards-and-guidelines/ashrae-

refrigerant-designations (last visited Feb. 3, 2026); HVAC Engineering Blog, ASHRAE 34: Complete Guide to Refrigerant
Classification and Safety Designation, (Jan. 1, 2025) https://hvac.solver360.com/blog/ashrae-34-refrigerant-classification-
complete-guide (last visited Feb. 3, 2026).
16 HVAC Engineering Blog, supra note 15.

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4
HB 999
does not ignite easily and requires a specific set of conditions to catch fire, including a high concentration and an
open flame. R-454B is considered safe for residential HVAC systems when handled by licensed professionals.17

Agricultural Food Processing and Cold Chain Industries

Food processing includes many procedures, techniques, and technologies used to convert fresh ingredients into
food products. The complexity of food processing ranges from basic tasks such as washing and cutting fresh
produce, to sophisticated industrial operations that produce complex formulated foods.

The ability for fresh fruits, vegetables, dairy products, and meat to be available for days or weeks at a time is made
possible by sophisticated refrigeration systems that have revolutionized how we process, store, and distribute
food. Refrigeration in food processing works by maintaining low temperatures that dramatically slow down the
chemical reactions and microbial growth responsible for food spoilage, effectively extending shelf life from days to
weeks or even months. Temperature is a powerful control mechanism because both chemical reactions and
microbial growth follow predictable patterns. For every 10°C decrease in temperature, chemical reaction rates
typically slow down by half to three-quarters. Refrigeration dramatically extends the window of freshness, giving
processors, distributors, and consumers valuable time to handle food safely.18

Maintaining temperature control is a necessity for the agriculture industry. Maintaining the correct temperature
throughout the journey from raw materials to distribution is essential to keeping food safe, fresh, and compliant.
Any deviation, even if temporary, can cause a cold chain19 break that compromises product quality and could lead
to health risks, waste, and financial loss.20 Temperature-sensitive products, such as food, rely on cold chain
management for product efficacy, product safety, and adherence to relevant regulatory requirements.21

Florida Department of Agriculture and Consumer Services

The Florida Department of Agriculture and Consumer Services (FDACS) supports and promotes Florida
agriculture, protects the environment, safeguards consumers, and ensures the safety and wholesomeness of
food.22 FDACS regulates commercial food establishments that manufacture, process, pack, hold, and prepare food
for sale or distribution or sell food directly to customers, including retail food establishments such as convenience
stores and grocery stores, wholesale and retail food processing operations, storage and warehouse operations, and
nonalcoholic beverage operations.

17 Five Star Home Services, supra note 12.
18 Agriculture Institute, Refrigeration Systems in Food Processing: Components and Efficiency, (Nov. 6, 2023)

https://agriculture.institute/food-processing-and-engineering-i/refrigeration-systems-food-processing/#google_vignette
(last visited Feb. 3, 2026).
19 “Cold chain management” is the management of all phases of the cold chain, including products in transit, in process, in

storage, and in display. Cold Chain Technologies, What is Cold Chain Management, (Nov. 15, 2021)
https://www.coldchaintech.com/blog/knowledge/what-is-cold-chain-management (last visited Feb. 3, 2026).
20 RVN Blog, What Will Break the Cold Chain in Food Delivery, (Jul. 20, 2025) https://reefervannetwork.com/blog/what-will-

break-the-cold-chain-in-food-delivery/ (last visited Feb. 3, 2026).
21 Cold Chain Technologies, supra note 19.
22 FDACS, About Us, https://www.fdacs.gov/about-us (last visited Feb. 3, 2026).

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
HB 999
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Wright
Subcommittee
Natural Resources & Disasters
Subcommittee
Commerce Committee

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
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

HB 999 2026

1 A bill to be entitled
2 An act relating to refrigerant safety and agricultural
3 continuity; creating s. 604.74, F.S.; providing a
4 short title; providing legislative findings and
5 intent; providing definitions; authorizing
6 agricultural food processing and cold chain industries
7 to continue to purchase, install, and service
8 equipment utilizing R-410A refrigerant through a
9 specified date; requiring the Department of
10 Agriculture and Consumer Services to maintain certain
11 records; requiring the department to provide an annual
12 report to the Legislature by a specified date;
13 providing requirements for the annual report;
14 providing immunity from liability for certain persons
15 and business entities; authorizing the department to
16 coordinate with certain entities for a specified
17 purpose; authorizing the department to adopt rules;
18 providing construction; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 604.74, Florida Statutes, is created to
23 read:
24 604.74 Refrigerant safety and agricultural continuity.—
25 (1) This section may be cited as the "Refrigerant Safety

Page 1 of 4

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hb999-00
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

HB 999 2026

26 and Agricultural Continuity Act."
27 (2) The Legislature finds that this state's agricultural
28 food processing and cold chain industries rely upon refrigerant
29 systems that ensure product safety, temperature stability, and
30 export reliability. The United States Environmental Protection
31 Agency's technology transition rule requires replacement of R-
32 410A refrigerants with A2L refrigerants, including R-454B
33 refrigerants, beginning in calendar years 2025 and 2026. R-454B
34 refrigerant is classified as a mildly flammable refrigerant and
35 has not been fully tested or certified for all commercial
36 agricultural refrigerant applications, creating potential risk
37 of fire, equipment failure, and insurance exclusion. A rapid
38 transition to A2L refrigerants may impose substantial costs on
39 this state's agricultural food processing and cold chain
40 industries with statewide economic impacts estimated in the
41 billions of dollars. It is in the public interest to protect
42 safety, food supply integrity, and small business continuity
43 during the refrigerant transition period. It is the intent of
44 the Legislature to ensure the safety, economic stability, and
45 operational continuity of this state's agricultural food
46 processing and cold chain industries by authorizing the
47 continued use of R-410A refrigerant until alternative
48 refrigerants such as R-454B refrigerants are proven safe, fully
49 certified, and supported by adequate equipment availability,
50 workforce training, and insurance coverage.

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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

HB 999 2026

51 (3) As used in this section, the term:
52 (a) "Agricultural refrigerant application" means any
53 cooling or cold storage system used for agricultural production
54 or food processing, packaging, or transport.
55 (b) "A2L refrigerant" means any refrigerant classified as
56 lower toxicity and mildly flammable under American Society of
57 Heating, Refrigerating and Air-Conditioning Engineers Standard
58 34.
59 (c) "Department" means the Department of Agriculture and
60 Consumer Services.
61 (4) Notwithstanding any federal phase-down schedule or
62 other conflicting law, this state's agricultural food processing
63 and cold chain industries may continue to purchase, install, and
64 service equipment utilizing R-410A refrigerant through January
65 1, 2035, or until otherwise determined by the Legislature. The
66 department shall maintain records of R-410A equipment
67 installations and coordinate with relevant federal agencies to
68 ensure compliance with applicable reporting requirements.
69 (5) By January 1, 2027, and annually thereafter, the
70 department, in consultation with the Department of Environmental
71 Protection and the State Fire Marshal, shall provide a report to
72 the President of the Senate and the Speaker of the House of
73 Representatives on:
74 (a) Safety performance data for A2L refrigerants,
75 including R-454B refrigerants.

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HB 999 2026

76 (b) Availability of compliant equipment and certified
77 technicians for statewide transition to A2L refrigerants.
78 (c) Insurance and liability standards applicable to A2L
79 refrigerant systems.
80 (d) Recommendations regarding readiness for statewide
81 transition to A2L refrigerants.
82 (6) A person or business entity operating in compliance
83 with this section and using R-410A refrigerant may not be held
84 liable solely for continued use of such refrigerant under any
85 federal phase-down schedule until a state-certified safe
86 alternative is fully available.
87 (7) The department may coordinate with Florida College
88 System institutions, career centers, and industry trade
89 associations to expand training and certification programs for
90 the safe handling, installation, and servicing of A2L
91 refrigerants.
92 (8) The department may adopt rules to implement this
93 section.
94 (9) This section establishes this state's enforcement
95 discretion and safety timeline consistent with its interest in
96 agriculture and public safety and may not be construed to
97 preempt or contravene the authority of the United States
98 Environmental Protection Agency.
99 Section 2. This act shall take effect July 1, 2026.

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hb999-00
HOUSING, AGRICULTURE & TOURISM SUBCOMMITTEE

HB 999 by Rep. Gonzalez Pittman
Refrigerant Safety and Agricultural Continuity

AMENDMENT SUMMARY
February 5, 2026

Amendment #354835 by Rep. Gonzalez Pittman (Strike-all): The amendment:
• Removes the authorization for agricultural food processing and cold chain industries to
continue to purchase, install, and service equipment utilizing R-410A refrigerants
through January 1, 2035, despite the federal phase-down schedule or other conflicting
law.
• Removes certain immunity from liability for using an R-410A refrigerant.
• Removes a provision regarding the authority of the U.S. Environmental Protection
Agency (EPA).
• Removes the requirement that the Florida Department of Agriculture and Consumer
Services (FDACS) maintain records of R-410A equipment installations and coordinate
with relevant federal agencies to ensure compliance with applicable reporting
requirements.
• Removes authority for FDACS to adopt rules to implement the bill.
• Adds that FDACS must give the status of and any updates to the EPA’s Technology
Transitions rule in their annual report to the Legislature on A2L refrigerants.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 999 (2026)
Amendment No.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Gonzalez Pittman offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 604.74, Florida Statutes, is created to
8 read:
9 604.74 Refrigerant safety and agricultural continuity.—
10 (1) This section may be cited as the "Refrigerant Safety
11 and Agricultural Continuity Act."
12 (2) The Legislature finds that this state's agricultural
13 food processing and cold chain industries rely upon refrigerant
14 systems that ensure product safety, temperature stability, and
15 export reliability. The United States Environmental Protection
16 Agency's Technology Transition rule requires replacement of R-
354835 - h0999-strike.docx
Published On: 2/4/2026 1:11:33 PM
Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 999 (2026)
Amendment No.

17 410A refrigerants with A2L refrigerants, including R-454B
18 refrigerants, beginning in calendar years 2025 and 2026. R-454B
19 refrigerant is classified as a mildly flammable refrigerant and
20 has not been fully tested or certified for all commercial
21 agricultural refrigerant applications, creating potential risk
22 of fire, equipment failure, and insurance exclusion. A rapid
23 transition to A2L refrigerants may impose substantial costs on
24 this state's agricultural food processing and cold chain
25 industries with statewide economic impacts estimated in the
26 billions of dollars.
27 (3) As used in this section, the term:
28 (a) "A2L refrigerant" means any refrigerant classified as
29 lower toxicity and mildly flammable under American Society of
30 Heating, Refrigerating and Air-Conditioning Engineers Standard
31 34.
32 (b) "Department" means the Department of Agriculture and
33 Consumer Services.
34 (4) By January 1, 2027, and annually thereafter, the
35 department, in consultation with the Department of Environmental
36 Protection and the State Fire Marshal, shall provide a report to
37 the President of the Senate and the Speaker of the House of
38 Representatives on:
39 (a) Safety performance data for A2L refrigerants,
40 including R-454B refrigerants.

354835 - h0999-strike.docx
Published On: 2/4/2026 1:11:33 PM
Page 2 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 999 (2026)
Amendment No.

41 (b) Availability of compliant equipment and certified
42 technicians for statewide transition to A2L refrigerants.
43 (c) Insurance and liability standards applicable to A2L
44 refrigerant systems.
45 (d) Recommendations regarding readiness for statewide
46 transition to A2L refrigerants.
47 (e) The status of and any updates to the United States
48 Environmental Protection Agency’s Technology Transitions rule as
49 set forth in 40 C.F.R. part 84.
50 (5) The department may coordinate with Florida College
51 System institutions, career centers, and industry trade
52 associations to expand training and certification programs for
53 the safe handling, installation, and servicing of A2L
54 refrigerants.
55 Section 2. This act shall take effect July 1, 2026.
56
57 -----------------------------------------------------
58 T I T L E A M E N D M E N T
59 Remove everything before the enacting clause and insert:
60 An act relating to refrigerant safety and agricultural
61 continuity; creating s. 604.74, F.S.; providing a
62 short title; providing legislative findings and
63 intent; providing definitions; requiring the
64 department to provide an annual report to the
65 Legislature by a specified date; providing
354835 - h0999-strike.docx
Published On: 2/4/2026 1:11:33 PM
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 999 (2026)
Amendment No.

66 requirements for the annual report; authorizing the
67 department to coordinate with certain entities for a
68 specified purpose; providing an effective date.

354835 - h0999-strike.docx
Published On: 2/4/2026 1:11:33 PM
Page 4 of 4
CS/HB 1139
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1139 COMPANION BILL: CS/SB 548 (McClain)
TITLE: Impact Fees LINKED BILLS: None
SPONSOR(S): Gentry RELATED BILLS: None
Committee References
Intergovernmental Affairs Housing, Agriculture & Tourism State Affairs
12 Y, 0 N, As CS  

SUMMARY
Effect of the Bill:
The bill revises the process for calculating and collecting impact fees by:
 Requiring impact fees for transportation capacity impacts be calculated using a plan-based methodology.
 Providing that certain interlocal agreements for mitigating transportation impacts entered into on or before
October 1, 2024, may not be extended beyond October 1, 2031.
 Requiring the use of a plan-based methodology and localized data in determining whether extraordinary
circumstances exist.
 Prohibiting a local government, school board, or special district from increasing its impact fee rate beyond
the phase-in limitations by establishing the existence of extraordinary circumstances in certain
circumstances.
 Prohibiting a local government, school board, or special district from increasing impact fees by more than
100 percent divided equally over a four year period.
 Providing for the payment of interest and prevailing petitioner attorney fees and costs in certain actions
concerning the overpayment of an impact fee.

Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on local governments and an indeterminate positive
economic impact on persons who pay impact fees to the extent those local governments will be prohibited from
increasing impact fees beyond the limitations provided by the bill.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Plan-Based Methodology and Interlocal Agreements
Current law requires local governments that charge an impact fee to mitigate transportation capacity impacts in
order to enter into an interlocal agreement concerning the calculation of such fees. The bill requires these
agreements to use a plan-based methodology for calculating the fee. The bill defines a plan-based methodology as a
study that uses the most recent localized data to project:
 Population growth within a local government jurisdiction in the 10 years immediately preceding the study.
 Anticipated capacity impacts on the relevant systems which will be created by the projected growth.
 A list of capital projects to be constructed or purchased in a defined period of time in order to mitigate the
anticipated capacity impacts as part of a new or updated impact fee study. (Sections 1 and 3)

Any capital projects identified in the impact fee study and any necessary interlocal agreement must comply with
the intergovernmental coordination requirements for comprehensive plans, which must include a plan to provide
mitigation funding for any extra-jurisdiction impacts created by development or redevelopment. (Sections 1 and 2)

STORAGE NAME: h1139b.HAT
DATE: 2/3/2026
1
CS/HB 1139
The requirement for local governments that charge an impact fee to mitigate transportation capacity impacts to
enter into an interlocal agreement currently does not apply to counties and municipalities that entered into or
otherwise updated an interlocal agreement that existed on or before October 1, 2024, to coordinate the mitigation
of transportation impacts. The bill prohibits the extension of these agreements beyond October 1, 2031. (Section 3)

Impact Fee Increases
The bill implements new requirements for local governments seeking to increase impact fee rates beyond the base
phase-in limitations due to extraordinary circumstances based on a demonstrated-need study. The bill requires the
demonstrated-need study use a plan-based methodology and local data that reflects the differences in area costs
and modality of projects between urban, emerging urban, and rural area costs, as relevant. (Section 4)

The bill prohibits a local government, school board, or special district from:
 Increasing its impact fee rate beyond the phase-in limitations if the entity has not increased its impact fee
within the past five years.
 Using data that is more than four years old to demonstrate extraordinary circumstances.
 Including in an impact fee increase any deduction authorized by a previous or existing impact fee.
 Increasing its impact fee rate by more than 100 percent divided equally over a four year period. (Section 4)

The bill defines “extraordinary circumstances” as the measurable effects of development that require mitigation by
the affected local government which exceeds the current impact fee rate together with any increase in the rate in
excess of the rate authorized by the phase-in limitations in less than four years. The capacity standards used to
support a declaration of extraordinary circumstances must be defined in the demonstrated-need study and the
projected capacity demand must be accompanied by a declaration of how and when the proposed impact fee will
be used to construct or purchase the necessary capacity increase that is the basis of the fee rate and the period of
time the improvements will be implemented. (Section 4)

The bill provides that if a court determines that a petitioner made an overpayment due to an improperly assessed
impact fee, the petitioner is entitled to a refund plus an amount of interest determined by the court. The local
government, school board, or special district must issue the refund within 90 days of the judgment becoming final.
The bill also provides a prevailing petitioner who is a resident of or an owner of a business located within the
jurisdiction is entitled reasonable attorney fees and costs in any action seeks a refund of the overpayment as well
as any action necessary to collect the refund. (Section 4)

Effective Date
The effective date of the bill is July 1, 2026. (Section 6)

FISCAL OR ECONOMIC IMPACT:

LOCAL GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on local governments to the extent those local
governments will be prohibited from increasing impact fees beyond the limitations provided by the bill.

PRIVATE SECTOR:
The bill may have an indeterminate positive economic impact on persons who pay impact fees to the extent local
governments will be prohibited from increasing impact fees beyond the limitations provided by the bill.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Comprehensive Planning
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2
CS/HB 1139
The Community Planning Act1 provides counties and municipalities with the power to plan for future development
by adopting comprehensive plans.2 Each county and municipality must maintain a comprehensive plan to guide
future development and growth.3

Concurrency
In the context of comprehensive planning, “concurrency” refers to the concept of providing additional public
facilities necessary to achieve and maintain standards of service in the community in a timely manner in response
to increased demand caused by development.11 All local government comprehensive plans must provide for
concurrency in providing public facilities and services for sanitary sewer, solid waste, drainage, and potable water,
but local governments may extend concurrency requirements to other public facilities such as transportation and
schools.12 When concurrency is applied to other public facilities and services, the local comprehensive plan must
provide sufficient principles, standards, and adopted levels of service to guide its implementation.13 Concurrency
requirements apply to state facilities and other public facilities to the same extent as all other facilities and
development.14

1 Ch. 163, Part II, F.S.
2 S. 163.3167(1), F.S.
3 S. 163.3167(2), F.S.
4 S. 163.3194(1)(a), F.S.
5 See, e.g., Sarasota County, Fla. Comprehensive Plan, Future Land Use Element, FLU Policy 1.1.1 (last visited Jan. 24, 2026).
6 S. 163.3177(1), F.S.
7 S. 163.3177(6), F.S.
8 S. 163.3177(1)(a), F.S.
9 S. 163.3177(3), (6)(a)-(i), F.S.
10 S. 163.3177(5)(a), F.S.
11 See s. 163.3180(5)(d), F.S. See also, David M. Layman, Concurrency and Moratoria, 71 Fla. B.J. 49 (January 1997).
12 S. 163.3180(1), (5), and (6), F.S.
13 S. 163.3180(1)(a), F.S.
14 S. 163.3180(4), F.S.

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3
CS/HB 1139
If a local government applies concurrency to transportation facilities, the comprehensive plan must provide the
principles, guidelines, standards, and strategies to guide its application, including adopted levels of service.15 Local
governments use professionally accepted studies and techniques to evaluate the appropriate level of service and
the potential impacts of proposed development.16 Concurrency for transportation facilities is premised on the idea
that public facilities will be provided to achieve and maintain the local government’s adopted level of service
standard.17

Each county or municipality that charges the developer of a new development or redevelopment a fee for
transportation capacity impacts must create and execute an interlocal agreement to coordinate the mitigation of its
respective transportation capacity impacts.18 The interlocal agreement must:
 Ensure that any new development or redevelopment is not charged twice for the same transportation
capacity impacts.
 Establish a plan-based methodology for determining the legally permissible fee to be charged to a new
development or redevelopment.
 Require the county or municipality issuing the building permit to collect the fee, unless agreed to
otherwise.
 Provide a method for the proportionate distribution of the revenue collected by the county or municipality
to address the transportation capacity impacts of a new development or redevelopment, or provide a
method of assigning responsibility for the mitigation of the transportation capacity impacts belonging to
the county and the municipality.19

If there is no interlocal agreement between the counties and municipalities charging for such impacts:
 The fee charged to a new development or redevelopment is based on the transportation capacity impacts
apportioned to the county and municipality as identified in the developer's traffic impact study or the
mobility plan adopted by the county or municipality.
 The developer must receive a 10 percent reduction in the total fee calculated.
 The county or municipality issuing the building permit must collect the fee calculated and distribute the
proceeds to the county and municipality within 60 days after the developer's payment.20

The requirement to enter into an interlocal agreement does not apply to a county as defined in s. 125.011(1), F.S.
or to a county or municipality that has entered into, or otherwise updated, an existing interlocal agreement as of
October 1, 2024, to coordinate the mitigation of transportation impacts.21 If the existing interlocal agreement is
terminated, the affected county and municipality must enter into a conforming interlocal agreement, unless the
prior agreement is extended by mutual agreement of the parties before the expiration of the agreement.

Intergovernmental Coordination
Each local government’s comprehensive plan must contain an intergovernmental coordination element stating the
principles and guidelines to be used when considering the particular effect of the plan on the development of state
and other local governments, including school boards and other governmental entities that do not have regulatory
authority over land.22 Within one year of adopting their intergovernmental coordination elements, each county, as
well as all municipalities within the county, the school board, and any other unit of local government must
establish joint processes by an interlocal or other formal agreement to implement this element.23 The agreement
must ensure each local government addresses the impacts of development proposed in the local comprehensive

15 S. 163.3180(5)(a), F.S.
16 S. 163.3180(5)(b)-(c), F.S.
17 S. 163.3180(5)(d), F.S.
18 S. 163.3180(5)(j)1., F.S.
19 S. 163.3180(5)(j)2., F.S.
20 S. 163.3180(5)(j)3., F.S.
21 S. 163.3180(5)(j)3., F.S.
22 S. 163.3177(6)(h)1.-2., F.S.
23 S. 163.3177(6)(h)3., F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
CS/HB 1139
plan on neighboring counties and municipalities and ensure coordination in establishing level-of-service standards
for public facilities with any state, regional, or local entity having operational and maintenance responsibility for
such facilities.

Impact Fees
Impact fees are a type of regulatory fee “imposed by local governments against new development to provide for
capital facilities’ costs made necessary by population growth. Rather than imposing the costs of these additional
capital facilities upon the general public, the purpose of impact fees is to shift the expense burden to newcomers.”24
Examples of capital facilities include the provision of additional water and sewer systems, schools, libraries, parks
and recreation facilities.25 Impact fees are typically assessed using a fee schedule that sets forth the charge per type
of dwelling unit or per square footage of floor space.26 The charges are usually paid at the time the building permit
is approved.27

The Florida Impact Fee Act (Act) provides requirements and procedures to be followed by a county, municipality,
school district, or special district when it adopts an impact fee.28 Impact fees must meet the following minimum
criteria when adopted:
 The fee must be calculated based on a study using the most recent and localized data available within four
years of the update.
 The local government adopting the impact fee must account for and report impact fee collections and
expenditures.
 Charges imposed for the collection of impact fees must be limited to the actual administrative costs.
 All local governments must give notice of a new or increased impact fee at least 90 days before the new or
increased fee takes effect (but need not wait 90 days before decreasing, suspending, or eliminating an
impact fee).
 A local government may not require payment of the impact fee before the date of issuing a building permit
for the property that is subject to the fee.
 The impact fee must be reasonably connected to, or have a rational nexus with:
o The need for additional capital facilities and the increased impact generated by the new residential
or commercial construction.
o The expenditures of the revenues generated and the benefits accruing to the new residential or
commercial construction.
 The local government must specifically earmark revenues generated by the impact fee to acquire,
construct, or improve capital facilities to benefit new users.
 The local government may not use revenues generated by the impact fee to pay existing debt or for
previously approved projects unless the expenditure is reasonably connected to, or has a rational nexus
with, the increased impact generated by the new residential or commercial construction.29

Phase-In Limitations
Under the Act, a county, municipality, school district, or special district may increase an impact fee subject to the
following phase-in limitations:
 Increases of up to 25 percent of the current rate must be implemented in two equal annual increments
beginning with the date on which the increased fee is adopted.
 Increases between 25 and 50 percent of the current rate must be implemented in four equal annual
increments beginning with the date on which the increased fee is adopted.
 An impact fee increase may not exceed 50 percent of the current impact fee rate.

24 Florida Housing Finance Corporation, Overview of Impact Fees and Affordable Housing (Oct. 2017), p. 1 (last visited Jan. 24,

2026).
25 Id.
26 Id.
27 Id.
28 S. 163.31801, F.S.
29 S. 163.31801(4), F.S.

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5
CS/HB 1139
 An impact fee may not be increased more than once every four years or increased retroactively for a
previous or current fiscal or calendar year.30

However, a county, municipality, school district, or special district may increase an impact fee rate beyond these
phase-in limitations by:
 Establishing the need for the increase in conformity with the above minimum criteria for impact fees.
 Completing a demonstrated-need study justifying any increase in excess of those authorized by the Act
within the 12 months before the adoption of the impact fee increase that expressly demonstrates the
extraordinary circumstances necessitating the need to exceed the phase-in limitations.
 Holding at least two publicly noticed workshops dedicated to the extraordinary circumstances
necessitating the need to exceed the phase-in limitations set forth in the Act.
 Approving the impact fee increase ordinance by a unanimous vote of its governing body.31

An impact fee increase beyond the phase-in limitations must be implemented in at least two, but no more than
four, equal annual increments beginning with the date the impact fee increase ordinance is adopted.32 A local
government may not increase its impact fee beyond the phase-in limitations if it has not increased its fee within the
past five years.33

RECENT LEGISLATION:

YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/SB 1080 - Local Government Land Overdorf/ McClain The bill became a law on
Regulation October 1, 2025.
2024 CS/HB 479 - Alternative Mobility Funding Robinson, W./ Martin The bill became a law on
Systems and Impact Fees October 1, 2024.

30 S. 163.31801(6)(b)–(f), F.S.
31 S. 163.31801(6)(g)1., F.S.
32 S. 163.31801(6)(g)2., F.S.
33 S. 163.31801(6)(g)3., F.S. Any year in which the local government is prohibited from increasing an impact fee because the

jurisdiction is in a hurricane disaster area is not included in the five year period.
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6
CS/HB 1139
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IIntergovernmental Affairs 12 Y, 0 N, As CS 1/28/2026 Darden Darden
Subcommittee
THE CHANGES ADOPTED BY THE  Revised definitions to improve clarify.
COMMITTEE:  Provided that a petitioner in any action for overpayment is entitled to a
refund of the overpayment plus interest.
 Provided that a provision concerning the payment of attorney fees and
costs only applies to actions by a local resident or business owner
challenging overpayment of an impact fee.
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
State Affairs Committee

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7
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

CS/HB 1139 2026

1 A bill to be entitled
2 An act relating to impact fees; amending s. 163.3164,
3 F.S.; defining the term "plan-based methodology";
4 amending s. 163.3177, F.S.; providing requirements for
5 coordination mechanisms that are required for certain
6 agreements required as part of the intergovernmental
7 coordination element of a comprehensive plan; amending
8 s. 163.3180, F.S.; requiring that certain interlocal
9 agreements use a plan-based methodology for a certain
10 purpose; prohibiting certain interlocal agreements
11 from extending beyond a specified date; deleting an
12 exception to an applicability provision relating to
13 concurrency; amending s. 163.31801, F.S.; defining the
14 term "extraordinary circumstances"; requiring that a
15 demonstrated-need study use a plan-based methodology
16 for a certain purpose; requiring that certain capacity
17 standards be specified in a certain impact fee study;
18 requiring that a demonstrated-need study be
19 accompanied by a certain declaration; requiring local
20 governments, school districts, and special districts
21 to use localized data for a certain purpose;
22 prohibiting local governments, school districts, and
23 special districts from using certain data for a
24 specified purpose; prohibiting local governments,
25 school districts, and special districts from including

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26 certain deductions in certain impact fee increases and
27 from increasing impact fee rates beyond certain phase-
28 in limitations by more than a specified percentage
29 within a certain timeframe; providing that a
30 prevailing petitioner is entitled to an impact fee
31 overpayment refund, with interest, under certain
32 circumstances; requiring local governments, school
33 districts, and special districts to issue such refunds
34 within a specified timeframe; providing that certain
35 prevailing petitioners are entitled to reasonable
36 attorney fees and costs; amending s. 212.055, F.S.;
37 conforming a cross-reference; providing an effective
38 date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Present subsections (39) through (54) of
43 section 163.3164, Florida Statutes, are redesignated as
44 subsections (40) through (55), respectively, and a new
45 subsection (39) is added to that section, to read:
46 163.3164 Community Planning Act; definitions.—As used in
47 this act:
48 (39) "Plan-based methodology" means a study methodology
49 that uses the most recent and localized data to project growth
50 within a jurisdiction over a 10-year period, anticipate capacity

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51 impacts on relevant systems which will be created by the
52 projected growth, and establish a list of capital projects to be
53 constructed or purchased in a defined time period to mitigate
54 the anticipated capacity impacts as part of a new or updated
55 impact fee study. The capital projects identified in the study
56 and any necessary interlocal agreement must comport with the
57 requirements of s. 163.3177(6)(h).
58 Section 2. Paragraph (h) of subsection (6) of section
59 163.3177, Florida Statutes, is amended to read:
60 163.3177 Required and optional elements of comprehensive
61 plan; studies and surveys.—
62 (6) In addition to the requirements of subsections (1)-
63 (5), the comprehensive plan shall include the following
64 elements:
65 (h)1. An intergovernmental coordination element showing
66 relationships and stating principles and guidelines to be used
67 in coordinating the adopted comprehensive plan with the plans of
68 school boards, regional water supply authorities, and other
69 units of local government providing services but not having
70 regulatory authority over the use of land, with the
71 comprehensive plans of adjacent municipalities, the county,
72 adjacent counties, or the region, with the state comprehensive
73 plan and with the applicable regional water supply plan approved
74 pursuant to s. 373.709, as the case may require and as such
75 adopted plans or plans in preparation may exist. This element of

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76 the local comprehensive plan must demonstrate consideration of
77 the particular effects of the local plan, when adopted, upon the
78 development of adjacent municipalities, the county, adjacent
79 counties, or the region, or upon the state comprehensive plan,
80 as the case may require.
81 a. The intergovernmental coordination element must provide
82 procedures for identifying and implementing joint planning
83 areas, especially for the purpose of annexation, municipal
84 incorporation, and joint infrastructure service areas.
85 b. The intergovernmental coordination element shall
86 provide for a dispute resolution process, as established
87 pursuant to s. 186.509, for bringing intergovernmental disputes
88 to closure in a timely manner.
89 c. The intergovernmental coordination element shall
90 provide for interlocal agreements as established pursuant to s.
91 333.03(1)(b).
92 2. The intergovernmental coordination element shall also
93 state principles and guidelines to be used in coordinating the
94 adopted comprehensive plan with the plans of school boards and
95 other units of local government providing facilities and
96 services but not having regulatory authority over the use of
97 land. In addition, the intergovernmental coordination element
98 must describe joint processes for collaborative planning and
99 decisionmaking on population projections and public school
100 siting, the location and extension of public facilities subject

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101 to concurrency, and siting facilities with countywide
102 significance, including locally unwanted land uses whose nature
103 and identity are established in an agreement.
104 3. Within 1 year after adopting their intergovernmental
105 coordination elements, each county, all the municipalities
106 within that county, the district school board, and any unit of
107 local government service providers in that county shall
108 establish by interlocal or other formal agreement executed by
109 all affected entities, the joint processes described in this
110 subparagraph consistent with their adopted intergovernmental
111 coordination elements. The agreement must:
112 a. Ensure that the local government addresses through
113 coordination mechanisms the impacts of development proposed in
114 the local comprehensive plan upon development in adjacent
115 municipalities, the county, adjacent counties, the region, and
116 the state. The area of concern for municipalities shall include
117 adjacent municipalities, the county, and counties adjacent to
118 the municipality. The area of concern for counties shall include
119 all municipalities within the county, adjacent counties, and
120 adjacent municipalities. Such coordination mechanisms must
121 include plans to provide mitigation funding to address any
122 extrajurisdictional impacts of development, consistent with the
123 requirements of s. 163.3180(5)(j).
124 b. Ensure coordination in establishing level of service
125 standards for public facilities with any state, regional, or

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126 local entity having operational and maintenance responsibility
127 for such facilities.
128 Section 3. Paragraph (j) of subsection (5) of section
129 163.3180, Florida Statutes, is amended to read:
130 163.3180 Concurrency.—
131 (5)
132 (j)1. If a county and municipality charge the developer of
133 a new development or redevelopment a fee for transportation
134 capacity impacts, the county and municipality must create and
135 execute an interlocal agreement to coordinate the mitigation of
136 their respective transportation capacity impacts.
137 2. The interlocal agreement must, at a minimum:
138 a. Ensure that any new development or redevelopment is not
139 charged twice for the same transportation capacity impacts.
140 b. Establish a plan-based methodology for determining the
141 legally permissible fee to be charged to a new development or
142 redevelopment.
143 c. Require the county or municipality issuing the building
144 permit to collect the fee, unless agreed to otherwise.
145 d. Provide a method for the proportionate distribution of
146 the revenue collected by the county or municipality to address
147 the transportation capacity impacts of a new development or
148 redevelopment, or provide a method of assigning responsibility
149 for the mitigation of the transportation capacity impacts
150 belonging to the county and the municipality.

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151 e. Use a plan-based methodology in complying with the
152 requirements of s. 163.3177(6)(h).
153 3. By October 1, 2025, if an interlocal agreement is not
154 executed pursuant to this paragraph:
155 a. The fee charged to a new development or redevelopment
156 shall be based on the transportation capacity impacts
157 apportioned to the county and municipality as identified in the
158 developer's traffic impact study or the mobility plan adopted by
159 the county or municipality.
160 b. The developer shall receive a 10 percent reduction in
161 the total fee calculated pursuant to sub-subparagraph a.
162 c. The county or municipality issuing the building permit
163 must collect the fee charged pursuant to sub-subparagraphs a.
164 and b. and distribute the proceeds of such fee to the county and
165 municipality within 60 days after the developer's payment.
166 4. This paragraph does not apply to:
167 a. A county as defined in s. 125.011(1).
168 b. A county or municipality that has entered into, or
169 otherwise updated, an existing interlocal agreement, as of
170 October 1, 2024, to coordinate the mitigation of transportation
171 impacts. However, if such existing interlocal agreement is
172 terminated, the affected county and municipality that have
173 entered into the agreement are shall be subject to the
174 requirements of this paragraph. An interlocal agreement entered
175 into before October 1, 2024, may not extend beyond October 1,

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176 2031 unless the county and municipality mutually agree to extend
177 the existing interlocal agreement before the expiration of the
178 agreement.
179 Section 4. Present paragraphs (a) and (b) of subsection
180 (3) of section 163.31801, Florida Statutes, are redesignated as
181 paragraphs (b) and (c), respectively, a new paragraph (a) is
182 added to that subsection, and paragraph (g) of subsection (6)
183 and subsection (9) of that section are amended, to read:
184 163.31801 Impact fees; short title; intent; minimum
185 requirements; audits; challenges.—
186 (3) For purposes of this section, the term:
187 (a) "Extraordinary circumstances" means measurable effects
188 of development which will require mitigation by the affected
189 local government, school district, or special district and which
190 exceed the total of the current adopted impact fee amount and
191 any increase as provided in paragraphs (6)(c), (d), and (e) in
192 less than 4 years.
193 (6) A local government, school district, or special
194 district may increase an impact fee only as provided in this
195 subsection.
196 (g)1. A local government, school district, or special
197 district may increase an impact fee rate beyond the phase-in
198 limitations established under paragraph (b), paragraph (c),
199 paragraph (d), or paragraph (e) by establishing the need for

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200 such increase in full compliance with the requirements of
201 subsection (4), provided the following criteria are met:
202 a. A demonstrated-need study using a plan-based
203 methodology which justifies justifying any increase in excess of
204 those authorized in paragraph (b), paragraph (c), paragraph (d),
205 or paragraph (e) has been completed within the 12 months before
206 the adoption of the impact fee increase and expressly
207 demonstrates the extraordinary circumstances necessitating the
208 need to exceed the phase-in limitations. The capacity standards
209 used to support the existence of such extraordinary
210 circumstances must be specified in the impact fee study adopted
211 under paragraph (4)(a). The demonstrated-need study must be
212 accompanied by a declaration stating how and the timeframe
213 during which the proposed impact fee increase will be used to
214 construct or purchase the improvements necessary to increase
215 capacity. The local government, school district, or special
216 district must use localized data reflecting differences in costs
217 and modality of projects between urban, emerging urban, and
218 rural areas, as applicable within the study area, to project the
219 anticipated growth or capacity impacts which underlie the
220 extraordinary circumstances necessitating the impact fee
221 increase.
222 b. The local government jurisdiction has held at least two
223 publicly noticed workshops dedicated to the extraordinary
224 circumstances necessitating the need to exceed the phase-in

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225 limitations set forth in paragraph (b), paragraph (c), paragraph
226 (d), or paragraph (e).
227 c. The impact fee increase ordinance is approved by a
228 unanimous vote of the governing body.
229 2. An impact fee increase approved under this paragraph
230 must be implemented in at least two but not more than four equal
231 annual increments beginning with the date on which the impact
232 fee increase ordinance is adopted.
233 3. A local government, school district, or special
234 district may not:
235 a. Increase an impact fee rate beyond the phase-in
236 limitations under this paragraph if the local government, school
237 district, or special district has not increased the impact fee
238 within the past 5 years. Any year in which the local government,
239 school district, or special district is prohibited from
240 increasing an impact fee because the jurisdiction is in a
241 hurricane disaster area is not included in the 5-year period.
242 b. Use data that is older than 4 years to demonstrate
243 extraordinary circumstances.
244 c. Include in the impact fee increase any deduction
245 authorized by a previous or existing impact fee.
246 d. Increase an impact fee rate beyond the phase-in
247 limitations under this paragraph by more than 100 percent
248 divided equally over a 4-year period.
249 (9) In any action challenging an impact fee or the

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250 government's failure to provide required dollar-for-dollar
251 credits for the payment of impact fees as provided in s.
252 163.3180(6)(h)2.b.:,
253 (a) The government has the burden of proving by a
254 preponderance of the evidence that the imposition or amount of
255 the fee or credit meets the requirements of state legal
256 precedent and this section. The court may not use a deferential
257 standard for the benefit of the government. If the court
258 determines that the petitioner made an overpayment due to an
259 improperly assessed impact fee, the petitioner is entitled to a
260 refund in the amount of the overpayment with interest, with such
261 interest amount determined by the court. The local government,
262 school district, or special district that assessed the impact
263 fee must issue the refund within 90 days after the judgment
264 becomes final.
265 (b) A prevailing petitioner who is a resident of or an
266 owner of a business located within the jurisdiction of the local
267 government, school district, or special district that imposed
268 the impact fee in violation of this section is entitled to
269 reasonable attorney fees and costs. Such petitioner is further
270 entitled to reasonable attorney fees and costs in any subsequent
271 action necessary to collect a refund ordered by the court for
272 any impact fee overpayment.
273 Section 5. Paragraph (d) of subsection (2) of section
274 212.055, Florida Statutes, is amended to read:

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275 212.055 Discretionary sales surtaxes; legislative intent;
276 authorization and use of proceeds.—It is the legislative intent
277 that any authorization for imposition of a discretionary sales
278 surtax shall be published in the Florida Statutes as a
279 subsection of this section, irrespective of the duration of the
280 levy. Each enactment shall specify the types of counties
281 authorized to levy; the rate or rates which may be imposed; the
282 maximum length of time the surtax may be imposed, if any; the
283 procedure which must be followed to secure voter approval, if
284 required; the purpose for which the proceeds may be expended;
285 and such other requirements as the Legislature may provide.
286 Taxable transactions and administrative procedures shall be as
287 provided in s. 212.054.
288 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
289 (d) The proceeds of the surtax authorized by this
290 subsection and any accrued interest shall be expended by the
291 school district, within the county and municipalities within the
292 county, or, in the case of a negotiated joint county agreement,
293 within another county, to finance, plan, and construct
294 infrastructure; to acquire any interest in land for public
295 recreation, conservation, or protection of natural resources or
296 to prevent or satisfy private property rights claims resulting
297 from limitations imposed by the designation of an area of
298 critical state concern; to provide loans, grants, or rebates to
299 residential or commercial property owners who make energy

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300 efficiency improvements to their residential or commercial
301 property, if a local government ordinance authorizing such use
302 is approved by referendum; or to finance the closure of county-
303 owned or municipally owned solid waste landfills that have been
304 closed or are required to be closed by order of the Department
305 of Environmental Protection. Any use of the proceeds or interest
306 for purposes of landfill closure before July 1, 1993, is
307 ratified. The proceeds and any interest may not be used for the
308 operational expenses of infrastructure, except that a county
309 that has a population of fewer than 75,000 and that is required
310 to close a landfill may use the proceeds or interest for long-
311 term maintenance costs associated with landfill closure.
312 Counties, as defined in s. 125.011, and charter counties may, in
313 addition, use the proceeds or interest to retire or service
314 indebtedness incurred for bonds issued before July 1, 1987, for
315 infrastructure purposes, and for bonds subsequently issued to
316 refund such bonds. Any use of the proceeds or interest for
317 purposes of retiring or servicing indebtedness incurred for
318 refunding bonds before July 1, 1999, is ratified.
319 1. For the purposes of this paragraph, the term
320 "infrastructure" means:
321 a. Any fixed capital expenditure or fixed capital outlay
322 associated with the construction, reconstruction, or improvement
323 of public facilities that have a life expectancy of 5 or more
324 years, any related land acquisition, land improvement, design,

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325 and engineering costs, and all other professional and related
326 costs required to bring the public facilities into service. For
327 purposes of this sub-subparagraph, the term "public facilities"
328 means facilities as defined in s. 163.3164(42) s. 163.3164(41),
329 s. 163.3221(13), or s. 189.012(5), and includes facilities that
330 are necessary to carry out governmental purposes, including, but
331 not limited to, fire stations, general governmental office
332 buildings, and animal shelters, regardless of whether the
333 facilities are owned by the local taxing authority or another
334 governmental entity.
335 b. A fire department vehicle, an emergency medical service
336 vehicle, a sheriff's office vehicle, a police department
337 vehicle, or any other vehicle, and the equipment necessary to
338 outfit the vehicle for its official use or equipment that has a
339 life expectancy of at least 5 years.
340 c. Any expenditure for the construction, lease, or
341 maintenance of, or provision of utilities or security for,
342 facilities, as defined in s. 29.008.
343 d. Any fixed capital expenditure or fixed capital outlay
344 associated with the improvement of private facilities that have
345 a life expectancy of 5 or more years and that the owner agrees
346 to make available for use on a temporary basis as needed by a
347 local government as a public emergency shelter or a staging area
348 for emergency response equipment during an emergency officially
349 declared by the state or by the local government under s.

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350 252.38. Such improvements are limited to those necessary to
351 comply with current standards for public emergency evacuation
352 shelters. The owner must enter into a written contract with the
353 local government providing the improvement funding to make the
354 private facility available to the public for purposes of
355 emergency shelter at no cost to the local government for a
356 minimum of 10 years after completion of the improvement, with
357 the provision that the obligation will transfer to any
358 subsequent owner until the end of the minimum period.
359 e. Any land acquisition expenditure for a residential
360 housing project in which at least 30 percent of the units are
361 affordable to individuals or families whose total annual
362 household income does not exceed 120 percent of the area median
363 income adjusted for household size, if the land is owned by a
364 local government or by a special district that enters into a
365 written agreement with the local government to provide such
366 housing. The local government or special district may enter into
367 a ground lease with a public or private person or entity for
368 nominal or other consideration for the construction of the
369 residential housing project on land acquired pursuant to this
370 sub-subparagraph.
371 f. Instructional technology used solely in a school
372 district's classrooms. As used in this sub-subparagraph, the
373 term "instructional technology" means an interactive device that
374 assists a teacher in instructing a class or a group of students

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375 and includes the necessary hardware and software to operate the
376 interactive device. The term also includes support systems in
377 which an interactive device may mount and is not required to be
378 affixed to the facilities.
379 2. For the purposes of this paragraph, the term "energy
380 efficiency improvement" means any energy conservation and
381 efficiency improvement that reduces consumption through
382 conservation or a more efficient use of electricity, natural
383 gas, propane, or other forms of energy on the property,
384 including, but not limited to, air sealing; installation of
385 insulation; installation of energy-efficient heating, cooling,
386 or ventilation systems; installation of solar panels; building
387 modifications to increase the use of daylight or shade;
388 replacement of windows; installation of energy controls or
389 energy recovery systems; installation of electric vehicle
390 charging equipment; installation of systems for natural gas fuel
391 as defined in s. 206.9951; and installation of efficient
392 lighting equipment.
393 3. Notwithstanding any other provision of this subsection,
394 a local government infrastructure surtax imposed or extended
395 after July 1, 1998, may allocate up to 15 percent of the surtax
396 proceeds for deposit into a trust fund within the county's
397 accounts created for the purpose of funding economic development
398 projects having a general public purpose of improving local
399 economies, including the funding of operational costs and

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400 incentives related to economic development. The ballot statement
401 must indicate the intention to make an allocation under the
402 authority of this subparagraph.
403 4. Surtax revenues that are shared with eligible charter
404 schools pursuant to paragraph (c) shall be allocated among such
405 schools based on each school's proportionate share of total
406 school district capital outlay full-time equivalent enrollment
407 as adopted by the education estimating conference established in
408 s. 216.136. Surtax revenues must be expended by the charter
409 school in a manner consistent with the allowable uses provided
410 in s. 1013.62(4). All revenues and expenditures shall be
411 accounted for in a charter school's monthly or quarterly
412 financial statement pursuant to s. 1002.33(9). If a school's
413 charter is not renewed or is terminated and the school is
414 dissolved under the provisions of law under which the school was
415 organized, any unencumbered funds received under this paragraph
416 shall revert to the sponsor.
417 Section 6. This act shall take effect July 1, 2026.

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CS/HB 1245
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1245 COMPANION BILL: CS/SB 1294 (Bradley)
TITLE: Biosolids Management LINKED BILLS: None
SPONSOR(S): Shoaf RELATED BILLS: CS/SB 1294 (Bradley)
Committee References
Natural Resources & Disasters Housing, Agriculture & Tourism State Affairs
18 Y, 0 N, As CS  

SUMMARY
Effect of the Bill:
The bill creates new regulations for Class AA biosolids. The bill, in part:
 Prohibits land application of bulk Class AA biosolids fertilizer and compost products from exceeding
certain agronomic rates and requires land application site operators to maintain application records.
 Authorizes bulk Class AA biosolids or biosolid products to be distributed or marketed as fertilizer and land
applied if certain requirements are met.
 Authorizes bulk Class AA biosolids compost products to be distributed or marketed as soil amendments
and land applied if certain requirements are met.
 Requires that bulk AA biosolids compost and fertilizer products that are not distributed, marketed, or sold
through a bona fide sale as a fertilizer or soil amendment may only be land applied at land application sites
approved by the Department of Environmental Protection.
 Requires the University of Florida’s Institute of Food and Agricultural Sciences to, on a biennial basis,
publish recommended agronomic rates for the beneficial reuse of bulk Class AA biosolids fertilizer and
compost products.

Fiscal or Economic Impact:
None.
I
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Effective July 1, 2026, the bill prohibits the land application of bulk Class AA biosolids fertilizer and compost
products from exceeding the appropriate rate and requires the land application site operator to maintain
application records. The bill requires the University of Florida’s Institute of Food and Agricultural Sciences to
biennially publish and make publicly available recommended agronomic rates for the beneficial reuse of bulk Class
AA biosolids fertilizer and compost products. (Section 1)

Effective July 1, 2028, the bill defines “bona fide sale” as a sale in which monetary consideration is paid for the
biosolids fertilizer or biosolids compost product, and the amount paid bears a reasonable relationship to the fair
market value of comparable fertilizer or soil-amendment products. The bill specifies that a nominal charge,
exchange arrangement, a transfer to offset disposal costs, or a transfer in which a biosolids treatment facility
compensates the recipient does not constitute a bona fide sale. In addition, a transaction does not constitute a bona
fide sale if its price, structure, or associated payments are arranged for the purpose of avoiding compliance with
the law. (Section 2)

The bill provides that Bulk Class AA biosolids products and biosolids compost products may only be land applied
and marketed or distributed as fertilizer (for biosolids products) or soil amendments (for biosolids compost) if
STORAGE NAME: h1245b.HAT
DATE: 2/3/2026
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these products are transferred pursuant to a bona fide sale and meet all labeling and registration requirements.
Class AA biosolids compost and fertilizer products that are not distributed, marketed, or sold through a bona fide
sale may only be land applied at land application sites expressly approved by the Department of Environmental
Protection (DEP). The bill exempts sales or exchanges between importers, manufacturers, or licensees from these
requirements. (Section 2)

The bill specifies that Class AA biosolids compost products, if their labeling does not claim any plant nutrients or
beneficial plant growth properties, that are enrolled and certified under the United States Composting Council’s
Seal of Testing Assurance Program are not required to be distributed and marketed as a soil amendment or
fertilizer. Furthermore, such biosolids compost products are not limited to land application sites expressly
approved by DEP. (Section 2)

The bill exempts from the bona fide sale requirement any biosolids treatment facility that owns or controls the
land where the Class AA fertilizer or compost biosolids products are applied, but the Class AA products that are
land applied on such lands must still meet all applicable registration and labeling requirements prior to
application. (Section 2)

The effective date of the bill is July 1, 2026, but the provisions in section 2 become effective July 1, 2028. (Section 3)

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Biosolids

When domestic wastewater is treated, solid, semisolid, or liquid residue known as biosolids1 accumulates in the
wastewater treatment plant and must be removed periodically to keep the plant operating properly.2 Biosolids also
include products and treated material from biosolids treatment facilities and septage management facilities
regulated by DEP.3 The collected residue is high in organic content and contains moderate amounts of nutrients.4

Wastewater treatment facilities produce about 340,000 dry tons of biosolids each year.5 Biosolids can be disposed
of in several ways including placement in a landfill, distribution and marketing as fertilizer, and land application to
pasture or agricultural lands.6 Biosolids are subject to regulatory requirements established by DEP to protect
public health and the environment.7

1 Section 373.4595, F.S., defines biosolids are the solid, semisolid, or liquid residue generated during the treatment of domestic

wastewater in a domestic wastewater treatment facility and include products and treated material from biosolids treatment
facilities and septage management facilities. The term does not include the treated effluent or reclaimed water from a
domestic wastewater treatment facility, solids removed from pump stations and lift stations, screenings and grit removed
from the preliminary treatment components of domestic wastewater treatment facilities, or ash generated during the
incineration of biosolids.
2 DEP, Domestic wastewater biosolids, https://floridadep.gov/water/domestic-wastewater/content/domestic-wastewater-

biosolids (last visited Jan. 25, 2026).
3 Rule 62-640.200(6), F.A.C.
4 Id.
5 DEP, Biosolids in Florida, https://www.florida-stormwater.org/assets/MemberServices/Conference/AC19/02%20-

%20Frick%20Tom.pdf#:~:text=Biosolids%20and%20Management%20in%20Florida%20Estimated%20Total%20Productio
n,two-thirds%20are%20beneficially%20used%20and%20onethird%20is%20landfilled (last visited Jan. 25, 2026).
6 Id.
7 Rule 62-640, F.A.C.

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U.S. Environmental Protection Agency – Biosolids use and disposal across the U.S.:8
Sewage Sludge Use & Disposal from
2024 Biosolids Annual Reports
7 Reported End Use of land Applied Sewage Sludge from
2024 Biosolids Annual Reports
7
Other (2%) (e.g.,
deep-well inj ection,
use as an auxiliary Dist ribution &
fuel, storage, etc.) Marketing (34.5%)

Monofill(2.5")

Reclamation (1.5%)

L _J
Land application of biosolids involves spreading biosolids on the soil surface or incorporating or injecting biosolids
into the soil at a permitted site.9 This practice provides nutrients and organic matter to the soil on agricultural
land, golf courses, forests, parks, mine reclamation sites, and other disturbed lands. Composted and treated
biosolids are used by landscapers and nurseries, and by homeowners for their lawns and home gardens.10

Biosolids are classified at the federal level in two classes, “Class A” or “Class B.”11 In Florida, there is an additional
“Class AA” designation for biosolids treated to the highest quality standard, which are distributed and marketed as
fertilizer,12 and DEP regulates the three classes of biosolids for beneficial use.13 The classes are categorized based
on treatment and quality, with Class AA biosolids receiving the highest level of treatment, and Class B receiving the
lowest.14 Treatment of biosolids must reduce pathogens, the attractiveness of the biosolids for pests like insects
and rodents, and the amount of toxic metals in the biosolids.15

Biosolids are regulated under Rule 62-640 of the Florida Administrative Code. The rules provide minimum
requirements, including monitoring and reporting requirements, for the treatment, management, use, and disposal
of biosolids. The rules are applicable to wastewater treatment facilities, appliers, and distributors16 and include
permit requirements for both treatment facilities and biosolids application sites.17

Each permit application for a biosolids application site must include a site-specific nutrient management plan
(NMP) that establishes the specific rates of application and procedures to apply biosolids to land.18 Biosolids may

8 EPA, Basic Information about Sewage Sludge and Biosolids, https://www.epa.gov/biosolids/fact-sheet-use-landfilling-

biosolids-management (last visited Jan. 25, 2026).
9 EPA, Land application of biosolids, https://www.epa.gov/biosolids/land-application-biosolids (last visited Jan. 25, 2026).
10 Id.
11 40 C.F.R. Part 503; EPA, Land Application of Biosolids, https://www.epa.gov/biosolids/land-application-biosolids (last

visited Jan. 25, 2026).
12 Rule 62-640.200(11), F.A.C.; see also National Biosolids Data Project, Florida Biosolids (last updated 2018),

https://www.biosolidsdata.org/florida (last visited Jan. 25, 2026).
13 Rule 62-640.200, F.A.C.
14 Id.; Rule 62-640.200(6), F.A.C.,
15 Rule 62-640.200, F.A.C.
16 Rule 62-640.100, F.A.C.
17 Rule 62-640.300, F.A.C.
18 Rule 62-640.500, F.A.C.

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3
CS/HB 1245
only be applied to land application sites that are permitted by DEP and have a valid NMP.19 Once a facility or site is
permitted, it is subject to monitoring, record-keeping, reporting, and notification requirements.20

Section 403.0855, F.S., requires all biosolids application sites to meet the DEP rules in effect at the time of the
renewal of the biosolids application site permit or facility permit, effective July 1, 2020. Permittees applying Class A
or Class B biosolids must ensure a minimum unsaturated soil depth of 2 feet between the depth of biosolids
placement and the water table level at the time of application. Permittees must also be enrolled in the Florida
Department of Agriculture (FDACS) best management practices (BMP) program or be within an agricultural
operation enrolled in the program for the applicable commodity type.

Class AA biosolids may be distributed and marketed like other commercial fertilizers with few further restrictions
and less regulation under Rule 62-640, F.A.C. than Class A and Class B biosolids;21 and, like other commercial
fertilizers, they are primarily regulated by FDACS’s BMP Program.22 Section 403.067, F.S., authorizes and directs
FDACS to develop and adopt by rule BMPs that will help Florida’s agricultural industry achieve the reductions
allocated in basin management action plans (BMAPs), which are restoration plans developed for the watersheds
and basins connected to certain impaired waterbodies.23

FDACS develops and adopts BMPs by rule for different types of agricultural commodities.24 At least every 2 years,
DACS must perform onsite inspections of each agricultural producer that enrolls in a BMP to ensure that such
practice is being properly implemented.25 Such verification must include a collection and review of the BMP
documentation from the previous 2 years, including, but not limited to, nitrogen and phosphorus fertilizer
application records, which must be collected and retained.26

Producers or agricultural landowners who properly implement the applicable BMPs or who are in compliance with
the Equivalent Program27 requirements of Rule Chapter 5M-1, F.A.C., are entitled to a presumption of compliance
with state water quality standards.28

The application of biosolids is prohibited in certain areas. The Legislature banned the disposal of domestic
wastewater biosolids within the Lake Okeechobee,29 Caloosahatchee River,30 and St. Lucie River31 watersheds
unless the applicant can affirmatively demonstrate that the nutrients in the biosolids will not add to nutrient
loadings in the watershed. The prohibition against land application in these watersheds does not apply to Class AA
biosolids that are distributed as fertilizer products.32

Biosolids Rulemaking

The Legislature passed the Clean Waterways Act in 2020 to address a number of environmental issues relating to
water quality improvement, including biosolids. DEP was directed to promulgate rules to implement the Clean

19 Id.
20 Rule 62-640.650, F.A.C.
21 Rule 62-640.800, F.A.C.
22 DEP. Domestic wastewater biosolids; National Biosolids Data Project. Florida biosolids.

https://www.biosolidsdata.org/florida (last visited Jan. 25, 2026); Rule 62-640.850, F.A.C.; R. 62-640.850(2), F.A.C.; see also s.
576.181(1), F.S., and R. Ch. 5E-1, F.A.C.
23 S. 403.067(7)(a)1., F.S.; Rule 62-303.100(1), F.A.C.
24 Id.
25 S. 403.067(7)(d)3., F.S.
26 Id.
27 Equivalent Programs provide water quality protections equal to or more stringent than the applicable BMPs.
28 S. 403.067(7)(c)3., F.S.
29 S. 373.4595(3)(b)16., F.S.
30 S. 373.4595(4)(b)5., F.S.
31 S. 373.4595(4)(d)5., F.S.
32 Id.; ss. 373.4595(3)(b)16. and 373.4595(4)(b)5., F.S.; see also R. 62-640.850, F.A.C.

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CS/HB 1245
Waterways Act, including rules addressing biosolids management in Florida.33 All rules adopted by DEP related to
biosolids management require ratification by the Legislature prior to taking effect.34 The initial biosolids
rulemaking process included multiple workshops and opportunities for public input, and the rules were developed
to minimize the migration of nutrients to waterbodies. 35 In 2021, the Legislature ratified the initial biosolids
rules.36

Clean Water Act
The federal Clean Water Act (1972) establishes the basic structure for regulating discharges of pollutants into the
waters of the United States and regulating quality standards for surface waters.37 The Clean Water Act requires the
U.S. Environmental Protection Agency (EAP) to establish requirements and management practices for the use and
disposal of sewage sludge.38 The EPA’s Standards for the Use or Disposal of Sewage Sludge, regulates sewage
sludge that is applied to land, fired in a sewage sludge incinerator or placed on a surface disposal site.39

Agronomic rate refers to the amount of biosolids and other organic materials that are applied to soils.40 The
appropriate agronomic rate depends on crop type, geographic location, and soil characteristics.41 The Clean Water
Act establishes standards and requirements for annual pollutant loading rates.42

US Composting Council
The US Composting Council (USCC) is a is a national organization of compost manufacturers, compost marketers,
equipment manufacturers, product suppliers, academic institutions, public agencies, nonprofit groups, and
consulting/engineering firms dedicated to the development, expansion, and promotion of the composting
industry.43 The USCC’s Seal of Testing Assurance Program (STA) is a testing and information disclosure program
aimed at improving customer confidence in compost selection and utilization.44 STA certified compost must:
 Meet the USCC’s definition of compost;
 Stay in compliance with all federal, state, and local regulations and meet EPA limits for heavy metals and
pathogens;
 Use STA approved labs for testing;
 Test compost product in accordance with the required schedule;
 Provide customers with technical data sheets; and
 Sign the STA contract, pay the USCC yearly fees, and renew contracts and payments annually.45

Fertilizer Licensing and Labeling Requirements
A company whose name and address appears on a fertilizer label and that guarantees a fertilizer must obtain a
license to distribute from FDACS before the company may distribute that fertilizer to a nonlicensee.46 A company
whose name and address appears on a fertilizer label and that guarantees a fertilizer may not distribute a specialty

33 Ch. 2020-150, L.O.F.
34 S. 403.0855, F.S.
35 DEP, DEP Chapter 62-640, F.A.C., Rulemaking, https://floridadep.gov/water/domestic-wastewater/content/dep-chapter-62-

640-fac-rulemaking (last visited Jan. 25, 2026).
36 Ch. 2021-153, L.O.F..
37 U.S. Environmental Protection Agency, Summary of the Clean Water Act (last visited Jan. 25, 2026).
38 Id.
39 Title 40 C.F.R., Part 503. See also U.S. Environmental Protection Agency, Sewage Sludge Laws and Regulations (last visited Jan.

25, 2026).
40 Northeast Biosolids & Residuals Association, Agronomic Rate (last visited Jan. 25, 2026).
41 U.S. Environmental Protection Agency, Basic Information about Biosolids (last visited Jan. 25, 2026).
42 See § 503.14, C.F.R. and Table 4 of § 503.13 – Annual Pollutant Loading Rates.
43 National Composting Council, US Composting Council (UCC) (last visited Jan. 25, 2026).
44 BioCycle, Introducing … STA Certified Compost (last visited Jan. 25, 2026).
45 US Composting Council, STA Requirements (last visited Jan. 25, 2026).
46 S. 576.021(1), F.S.

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CS/HB 1245
fertilizer47 in this state until the fertilizer is registered with FDACS, and each brand and grade of specialty fertilizer
must be registered with FDACS.48

Any fertilizer distributed in Florida in containers must have a label placed on or affixed to the immediate and
outside container setting forth in clearly legible and conspicuous form the following information:49
 The brand and grade.
 The guaranteed analysis.
 The name and address of the licensee.
 The net weight of the fertilizer.
 The sources from which the nitrogen, phosphorus, and potassium are derived.
 The sources of secondary plant nutrients and micro plant nutrients if guaranteed, claimed, or advertised.
 The Florida license number.

If the fertilizer is distributed in bulk, two labels containing the required label information must accompany
delivery and be supplied to the purchaser at time of delivery with the delivery ticket, which must show the
certified net weight of the fertilizer.50

If a property owner or leaseholder implements interim measures, best management practices, or other measures
adopted by FDACS which have been verified by DEP to be effective, and complies with certain other requirements,
there is a presumption of compliance with state water quality standards with respect to the application of
fertilizers or other soil-applied nutritional materials containing nitrogen or phosphorus.51

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Natural Resources & Disasters 18 Y, 0 N, As CS 1/28/2026 Skinner Jones
Subcommittee
THE CHANGES ADOPTED BY THE  Changed the effective date of certain provisions regarding the
COMMITTEE: distribution and marketing of Class AA biosolids and the requirements
for a bona fide sale to July 1, 2028.
 Removed the reference to the federal definition of “agronomic rate.”
 Provided that the exemption from the requirement that Class AA
biosolids compost products be distributed or marketed as a soil
amendment or fertilizer applies only if the labeling does not claim any
plant nutrients or beneficial plant growth properties.
 Removed the provision that limited the agronomic rate requirement to
applications constituting disposal.
 Removed the reference to the slow-release nature of the nutrients in
biosolids-derived products.
Housing, Agriculture & Tourism Curtin Wright
Subcommittee
State Affairs Committee

47 “Specialty fertilizer” means any fertilizer packaged, marketed, and distributed for home and garden use and packaged in

containers or bags such that the net weight is 49 pounds or less. S. 576.011(40), F.S.
48 S. 576.021(2)(a), F.S.
49 S. 576.031, F.S.
50 Id.
51 S. 576.045(6), F.S.

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CS/HB 1245
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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7
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

CS/HB 1245 2026

1 A bill to be entitled
2 An act relating to biosolids management; amending s.
3 403.0855, F.S.; prohibiting the land application of
4 Class AA biosolids fertilizer and compost products
5 from exceeding the appropriate agronomic rate;
6 requiring the land application site operator to
7 maintain application records; requiring the University
8 of Florida's Institute of Food and Agricultural
9 Sciences to publish and make publicly available
10 recommended agronomic rates for the reuse of bulk
11 Class AA biosolids fertilizer and compost products,
12 based on certain criteria; authorizing bulk Class AA
13 biosolids or biosolids products to be distributed or
14 marketed as fertilizer and land applied if specified
15 requirements are met; defining the term "bona fide
16 sale"; authorizing bulk Class AA biosolids compost
17 products to be distributed or marketed as soil
18 amendments and land applied if specified requirements
19 are met; providing an exception; requiring that
20 certain bulk Class AA biosolids compost and fertilizer
21 products be land applied at land application sites
22 approved by the Department of Environmental
23 Protection; providing applicability; requiring certain
24 bulk Class AA products that are land applied on
25 certain lands meet certain requirements before land

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CS/HB 1245 2026

26 application; providing applicability; providing
27 effective dates.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsections (7) and (8) are added to section
32 403.0855, Florida Statutes, to read:
33 403.0855 Biosolids management.—
34 (7) The land application of bulk Class AA biosolids
35 fertilizer and compost products may not exceed the appropriate
36 agronomic rate. Application records must be maintained by the
37 land application site operator.
38 (8) The University of Florida's Institute of Food and
39 Agricultural Sciences shall, on a biennial basis, publish and
40 make publicly available the recommended agronomic rates for the
41 beneficial reuse of bulk Class AA biosolids fertilizer and
42 compost products based on predominant application practices.
43 Section 2. Effective July 1, 2028, subsections (9) through
44 (13) are added to section 403.0855, Florida Statutes, as amended
45 by this act, to read:
46 403.0855 Biosolids management.—
47 (9)(a) Bulk Class AA biosolids or biosolids products may
48 be distributed or marketed as fertilizer in accordance with
49 chapter 576 and may be land applied if such biosolids and
50 products are transferred pursuant to a bona fide sale as

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51 fertilizer and meet all applicable labeling and registration
52 requirements.
53 (b) As used in this section, the term "bona fide sale"
54 means a sale in which monetary consideration is paid for the
55 biosolids fertilizer or biosolids compost product, and the
56 amount paid bears a reasonable relationship to the fair market
57 value of comparable marketable fertilizer or soil-amendment
58 products. A nominal charge, an exchange arrangement, a transfer
59 made to offset disposal costs, or a transfer in which the
60 biosolids treatment facility compensates the recipient does not
61 constitute a bona fide sale. A transaction does not constitute a
62 bona fide sale if its price, structure, or associated payments
63 are arranged for the purpose of avoiding compliance with
64 paragraph (a) or subsection (10).
65 (10)(a) Bulk Class AA biosolids compost products may be
66 distributed or marketed as soil amendments in accordance with
67 chapter 576 and may be land applied if such products are
68 transferred pursuant to a bona fide sale and meet all applicable
69 labeling and registration requirements.
70 (b) Class AA biosolids compost products, if their labeling
71 does not claim any plant nutrients or beneficial plant growth
72 properties, are not required to be distributed or marketed as a
73 soil amendment or a fertilizer, as those terms are defined in s.
74 576.011, if the Class AA biosolids compost products are enrolled
75 and certified under the U.S. Composting Council's Seal of

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76 Testing Assurance program.
77 (11) Bulk Class AA biosolids compost and fertilizer
78 products that are not distributed, marketed, or sold through a
79 bona fide sale as a fertilizer or soil amendment may be land
80 applied only at land application sites expressly approved by the
81 Department of Environmental Protection. This subsection does not
82 apply to Class AA biosolids compost products enrolled and
83 certified under the U.S. Composting Council's Seal of Testing
84 Assurance program.
85 (12) The requirement for a bona fide sale does not apply
86 to biosolids treatment facilities that own or control the land
87 where the bulk Class AA fertilizer or compost biosolids products
88 are being land applied; however, bulk Class AA products that are
89 land applied on land owned or controlled by a biosolids
90 treatment facility must still meet all applicable registration
91 and labeling requirements before land application.
92 (13) Subsections (9), (10), and (11) do not apply to sales
93 or exchanges between importers, manufacturers, or licensees
94 under s. 576.141.
95 Section 3. Except as otherwise expressly provided in this
96 act, this act shall take effect July 1, 2026.

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hb1245-01-c1
HB 1387
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1387 COMPANION BILL: SB 1236 (Massullo)
TITLE: State Economic Development Contracts LINKED BILLS: None
SPONSOR(S): Overdorf RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Transportation & Economic Commerce
 Development Budget 

SUMMARY
Effect of the Bill:
The bill creates the Taxpayer Dollars Protect Workers Act (Act) to provide that, in order to be eligible for an
economic development incentive, an employer may not:
 Grant recognition rights for employees solely on the basis of signed labor organization authorization cards
if the selection of a bargaining representative could instead be accomplished through a secret ballot
election by the National Labor Relations Board;
 Voluntarily disclose an employee’s personal contact information to a labor organization without the
employee’s prior written consent;
 Sign a neutrality agreement with a labor organization; or
 Require a subcontractor to engage in any of the foregoing activities.

The bill requires the Department of Commerce (Department), before awarding an economic development
incentive, to enter into a separate agreement with the recipient of the incentive to reserve the right of the
Department to recover any money, grants, funds, or other incentives if the recipient violates the Act. The bill allows
anyone to report an employer believed to have violated the Act, and requires the Department to perform certain
related investigations.

Fiscal or Economic Impact:
The bill has an indeterminate impact on state government and the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill creates the “Taxpayer Dollars Protect Workers Act” (Act).

The bill provides the following definitions:
 “Contract” means an agreement between an employer and the state, or an agreement between an employer
and a labor organization. The term includes a memorandum of understanding mutually accepted by the
Department of Commerce and an employer before the effective date of this act, including a legally binding
agreement subsequent and subject to the memorandum of understanding.
 “Economic development incentive” means a state grant, authorized under this chapter for the purposes of
economic development, provided to an employer to attract or retain the employer's physical presence in this
state.
 “Employee” means a person who performs services for an employer for wages that are subject to a federal
income tax.

STORAGE NAME: h1387.HAT
DATE: 2/3/2026
1
HB 1387
 “Employer” means a business entity that voluntarily pursues economic development incentives authorized
under this chapter or enters into an agreement with the state for the purpose of receiving those incentives.
 “Labor organization” means any organization of any kind, or any agency or employee representation
committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of
dealing with employers concerning grievances, labor disputes, wages, hours of employment, or conditions of
work.
 “Neutrality agreement” means an agreement signed with a labor organization wherein the employer agrees
to conditions including, but not limited to, not speaking to employees about labor organization issues.
 “Personal contact information” means an employee's home address, home or personal cellular telephone
number, or personal e-mail address.
 “Secret ballot election” means a process conducted by the National Labor Relations Board (NLRB) in which
an employee casts a secret ballot for or against labor organization representation.
 “Subcontractor” means a person or entity that has contracted with an employer to perform work or provide
services. (Section 2).

The bill establishes that to be eligible for an economic development incentive, an employer may not:
 Grant recognition rights for employees solely and exclusively on the basis of signed labor organization
authorization cards if the selection of a bargaining representative could have been conducted through a
secret ballot election by the National Labor Relations Board (NLRB).
 Voluntarily disclose an employee’s personal contact information to a labor organization, or a third party
acting on behalf of a labor organization, without the employee’s prior written consent.
 Sign a neutrality agreement with a labor organization.
 Require a subcontractor to engage in the above prohibited activities.

The bill provides that eligibility requirements apply to any work or service for an employer on a project for which
an economic development incentive is provided. (Section 2).

The bill provides that a person or entity may report a suspected violation of the Act to the Department. Such report
must be made during the term of the separate agreement entered into by the Department and the employer. Upon
receiving a report, the Department shall determine whether a violation has occurred. If the Department finds that
an employer has violated the Act, the Department shall deliver written notice of its findings to the employer and the
Office of the Attorney General to initiate proceedings to recover funds. (Section 2).

Before awarding an economic development incentive, the bill requires the Department to execute a separate
agreement with the recipient of the incentive that reserves the right of the Department to recover the amount of
money, grants, funds, or other incentives disbursed by the Department if the recipient benefitting from such money,
grants, funds, or other incentives fails to comply with this section. Such agreement must have a term of not less than:
 The term the Department would require for an agreement executed pursuant to Chapter 288, Florida
Statutes, for an economic development incentive of less than $5 million; or
 Twenty years for an economic development incentive of $5 million or more. (Section 2).

The bill provides that it is a breach of the separate agreement entered into between the Department and the
employer for the employer to refuse to provide the written statement. (Section 2).

The bill applies prospectively and excludes:
 A contract between the state and an employer executed before July 1, 2026; or
 A contract between an employer and a labor organization executed before July 1, 2026. (Section 2).

The bill provides an effective date of July 1, 2026. (Section 3).

FISCAL OR ECONOMIC IMPACT:

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 1387
STATE GOVERNMENT:
The bill has an indeterminate impact on the Department of Commerce (Department) to the extent the bill:
 Requires the Department to enter into certain agreements with recipients of economic development
incentives; and
 Requires the Department to receive and investigate complaints that an employer has violated the bill’s
requirements.

PRIVATE SECTOR:
The bill has an indeterminate impact on the private sector to the extent a recipient of an economic development
incentive will be required to enter into a certain agreement with the Department in order to be eligible for such
incentive.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Economic Development Incentives
Florida’s current economic incentive framework reflects a major restructuring following the enactment of Chapter
2023-173, Laws of Florida, which eliminated Enterprise Florida, Inc. and consolidated economic development
authority under the Florida Department of Commerce (Department).1 The legislation repealed or removed several
long-standing incentive programs, including the Qualified Target Industry Tax Refund, Quick Action Closing Fund,
and Innovation Incentive Program, while adding programs such as the Florida Job Growth Grant Fund, the
Research and Development Tax Credit Program, and rural and urban job tax credits to the state’s review cycle.2

Florida’s economic development system is multi-faceted and includes public agencies, non-profit corporations, and
private entities at the state, regional, and local level.3 A core principle of the state’s economic development
incentive programs is that businesses are paid based on verified performance, meaning no tax dollars are paid
until job creation or capital investment numbers are audited and confirmed.4 Florida provides different types of
incentives such as tax refunds, tax exemptions, tax credits, and performance based grants.5

To apply for an economic incentive program, a business must submit a complete application to the Division of
Economic Development of the Department, which will ensure completeness, identify required state and local
permits (and whether they can be waived), and evaluate the potential incentives and their economic benefits using
methods from the Office of Economic and Demographic Research.6 Within 10 business days of receiving a complete
application, the Secretary of Commerce approves or denies the request and provides a written justification.7
Approved incentives are governed by contracts detailing the award amount, performance requirements, payment
schedule, and sanctions, with funds released only if appropriated by the Legislature.8 The Department validates
contractor performance annually and reports the results, while applicants must certify the accuracy of submitted
information and comply with the E-Verify system, with noncompliance requiring repayment of funds.9

Labor Organizations

1 Office of Program Policy Analysis and Government Accountability (OPPAGA), Economic Development Programs: 2025,

https://oppaga.fl.gov/Documents/Reports/25-08.pdf (last visited Feb. 2, 2026).
2 Id.
3 FloridaCommerce, Types of Incentive Awards, https://www.floridajobs.org/office-directory/division-of-economic-

development/economic-development-incentives-portal/types-of-incentive-awards (last visited Feb. 2, 2026).
4 FloridaCommerce, Economic Development Incentives Portal, https://floridajobs.org/office-directory/division-of-economic-

development/economic-development-incentives-portal (last visited Feb. 2, 2026).
5 FloridaCommerce, supra note 3.
6 S. 288.061(1), F.S.
7 S. 288.061(3), F.S.
8 S. 288.061(3)(a), F.S.
9 S. 288.061(4) and (6), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 1387
The State Constitution provides that “[t]he right of persons to work shall not be denied or abridged on account of
membership or non-membership in any labor union or labor organization.”10 Based on this constitutional right,
Florida is regarded as a “right-to-work” state.

Florida law defines “labor organization” as any organization of employees or local or subdivision thereof, the
members of which are residents of the state, whether incorporated or not, organized for the purpose of negotiating
with employers on issues such as work hours, rate of pay, working conditions, or grievances of any kind relating to
employment, and which is recognized as a unit of bargaining by one or more employers doing business in Florida.11

The State Constitution also guarantees that “the right of employees, by and through a labor organization, to bargain
collectively shall not be denied or abridged.”12 To implement this constitutional provision, the Legislature enacted
ch. 447, F.S., which provides that employees in Florida have the right to:
 Self-organization;
 Form, join, or assist labor unions or labor organizations, or refrain from such activity;
 Bargain collectively through representatives of their own choosing; and
 Engage in concerned activities for the purpose of collective bargaining or other mutual aid or protection.13

Labor organizations in Florida are prohibited from charging an initiation fee in excess of $15,14 and are required to
keep accurate books of accounts that itemize all receipts and expenditures.15 Additionally, it is unlawful for any
person in Florida to engage in any of the following activities:16
 To interfere with or prevent the “right of franchise”17 of any member of a labor organization.18
 To prohibit or prevent any election of the officers of a labor organization.19
 To charge, receive, or retain any dues, assessments, or other charges in excess of, or not authorized by, the
constitution or bylaws of a labor organization.20
 To solicit membership for or to act as a representative of an existing labor organization without authority
of such labor organization to do so.21
 To engage in picketing by force and violence, or to picket in such a manner as to prevent ingress and egress
to and from any premises, or to picket other than in a reasonable and peaceable manner.22

National Labor Relations Board (NLRB)
The National Labor Relations Board (NLRB) is an independent federal agency created in 1935 and vested with the
power to safeguard employees’ rights to organize, engage with one another to seek better working conditions,
choose whether or not to have a collective bargaining representative negotiate on their behalf with their employer,
or refrain from doing so.23 The NLRB also acts to prevent and remedy unfair labor practices committed by private

10 FLA. CONST. art. I, s. 6.
11 S. 447.02(1), F.S.
12 FLA. CONST. art. I, s. 6.
13 S. 447.03, F.S.
14 This prohibition does not apply to initiation fees in effect on January 1, 1940, which may continue as authorized. S. 447.05,

F.S.
15 A member of a labor organization is entitled to inspect the books, records, and accounts of such labor organization at a

reasonable time. See s. 447.07, F.S.
16 See s. 447.09(1)-(13), F.S.
17 The “right of franchise” includes the right of an employee to make complaint, file charges, give information or testimony

concerning the violations of ch. 477, F.S., or the petitioning to a union regarding any grievance he or she may have concerning
membership or employment, or the disclosure of facts concerning such grievance or violations of law to any public official, and
the right of free petition, lawful assemblage, and free speech. S. 447.09(1), F.S.
18 Id.
19 S. 447.09(2), F.S.
20 S. 447.09(5), F.S.
21 S. 447.09(6), F.S.
22 S. 447.09(11), F.S.
23 National Labor Relations Boards, About NLRB, https://www.nlrb.gov/ (last visited Feb. 2, 2026).

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4
HB 1387
sector employers and unions, and conducts secret-ballot elections regarding union representation.24 The NLRB is a
bifurcated agency governed on one side by a five-person board and on the other side by a general counsel.25 The
board acts as a quasi-judicial body and decides cases in administrative proceedings, and the general counsel is
responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of
the NLRB field offices in the processing of cases.26

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Rodriguez
Subcommittee
Transportation & Economic
Development Budget
Subcommittee
Commerce Committee

24 Id.
25 Id.
26 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
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

HB 1387 2026

1 A bill to be entitled
2 An act relating to state economic development
3 contracts; providing a short title; creating s.
4 288.0615, F.S.; providing definitions; providing the
5 requirements for an employer to be eligible for an
6 economic development incentive; providing procedures
7 for handling suspected violations of specified
8 provisions and for the recovery of funds upon a
9 finding of violation; providing applicability;
10 requiring that the Department of Commerce enter into a
11 separate agreement with the recipient of an economic
12 development incentive to allow the department to
13 recover funds if the recipient fails to comply with
14 the section; providing requirements for such
15 agreements; providing an effective date.
16
17 WHEREAS, the state has the right to set terms and
18 conditions in connection with the awarding of economic
19 development incentives as part of its economic development
20 policy, and
21 WHEREAS, the state seeks to play an integral role in the
22 formulation of economic opportunities, conditions of grants, and
23 general management of compliance with such awards for moneys,
24 and
25 WHEREAS, the state may, as part of awarding economic

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HB 1387 2026

26 development incentives, oversee compliance with land use
27 regulations, including management of the subdivision of
28 property, offer and provide water and wastewater services,
29 require fire protection systems and mechanical systems for
30 buildings and structures, approve capital grants, and ensure
31 such moneys are approved by the Department of Commerce, and
32 WHEREAS, the state may, as part of awarding economic
33 development incentives, also require a private business to hire
34 a certain number of new full-time employees, require a specific
35 amount of company investment, and ensure workers obtain certain
36 skills and knowledge, and
37 WHEREAS, the state has a vested interest in seeking to
38 advance and preserve its own interest in projects receiving
39 economic development incentives as a financer of projects
40 contributing to the state's overall economic health, and
41 WHEREAS, it is the intent of the Legislature, as part of
42 its economic development policy, that whenever state funds or
43 benefits are sought by a private business that such benefits are
44 conditioned on the private business agreeing not to waive its
45 employees' right to a secret ballot election when recognizing a
46 labor organization as a bargaining unit, or requiring
47 subcontractors to waive their employees' right to a secret
48 ballot election, and
49 WHEREAS, it is the intent of the Legislature that whenever
50 state funds or benefits are provided or awarded to a private

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HB 1387 2026

51 business, the private business working on a project receiving
52 state funds or benefits, may not voluntarily disclose employee
53 personal contact information to a labor organization without an
54 employee's prior consent, waive their right to speak to their
55 employees, or require subcontractors to voluntarily disclose
56 employee personal contact information to a labor organization
57 without an employee's prior consent or waive the subcontractor's
58 right to speak to the subcontractor's employees, NOW, THEREFORE,
59
60 Be It Enacted by the Legislature of the State of Florida:
61
62 Section 1. This act may be cited as the "Taxpayer Dollars
63 Protect Workers Act."
64 Section 2. Section 288.0615, Florida Statutes, is created
65 to read:
66 288.0615 Employee protections in economic development
67 contracts.—
68 (1) For the purposes of this section, the term:
69 (a) "Contract" means an agreement between an employer and
70 the state, or an agreement between an employer and a labor
71 organization. The term includes a memorandum of understanding
72 mutually accepted by the Department of Commerce and an employer
73 before the effective date of this act, including a legally
74 binding agreement subsequent and subject to the memorandum of
75 understanding.

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HB 1387 2026

76 (b) "Economic development incentive" means a state grant,
77 authorized under this chapter for the purposes of economic
78 development, provided to an employer to attract or retain the
79 employer's physical presence in this state.
80 (c) "Employee" means a person who performs services for an
81 employer for wages that are subject to a federal income tax.
82 (d) "Employer" means a business entity that voluntarily
83 pursues economic development incentives authorized under this
84 chapter or enters into an agreement with the state for the
85 purpose of receiving those incentives.
86 (e) "Labor organization" means any organization of any
87 kind, or any agency or employee representation committee or
88 plan, in which employees participate and which exists for the
89 purpose, in whole or in part, of dealing with employers
90 concerning grievances, labor disputes, wages, hours of
91 employment, or conditions of work.
92 (f) "Neutrality agreement" means an agreement signed with
93 a labor organization wherein the employer agrees to conditions
94 including, but not limited to, not speaking to employees about
95 labor organization issues.
96 (g) "Personal contact information" means an employee's
97 home address, home or personal cellular telephone number, or
98 personal e-mail address.
99 (h) "Secret ballot election" means a process conducted by
100 the National Labor Relations Board (NLRB) in which an employee

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101 casts a secret ballot for or against labor organization
102 representation.
103 (i) "Subcontractor" means a person or entity that has
104 contracted with an employer to perform work or provide services.
105 (2)(a) To be eligible for an economic development
106 incentive, an employer may not:
107 1. Grant recognition rights for employees solely and
108 exclusively on the basis of signed labor organization
109 authorization cards if the selection of a bargaining
110 representative may instead be conducted through a secret ballot
111 election by the NLRB.
112 2. Voluntarily disclose an employee's personal contact
113 information to a labor organization, or a third party acting on
114 behalf of a labor organization, without the employee's prior
115 written consent, unless otherwise required by state or federal
116 law.
117 3. Sign a neutrality agreement with a labor organization.
118 4. Require a subcontractor to engage in activities
119 prohibited in this paragraph.
120 (b) Paragraph (a) applies to any work or service for an
121 employer on a project for which an economic development
122 incentive is provided.
123 (3) A person or entity may report, based upon a reasonable
124 belief, a suspected violation of paragraph (2)(a) to the
125 department. The report must be made during the term of the

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126 separate agreement entered into by the department and the
127 employer pursuant to subsection (5). Upon receiving a report,
128 the department shall determine whether a violation has occurred.
129 It is a breach of the separate agreement entered into between
130 the department and the employer pursuant to subsection (5) for
131 the employer to refuse to provide the written statement. If the
132 department finds that an employer has violated paragraph (2)(a),
133 the department shall deliver written notice of its findings to
134 the employer informing the employer and to the Office of the
135 Attorney General to initiate proceedings to recover funds.
136 (4)(a) This section applies prospectively and excludes:
137 1. A contract between the state and an employer executed
138 before July 1, 2026; or
139 2. A contract between an employer and a labor organization
140 executed before July 1, 2026.
141 (b) Notwithstanding paragraph (4)(a), this section shall
142 apply to any agreement, contract, or memorandum of understanding
143 between an employer and a labor organization or the state
144 executed, renewed, or modified on or after July 1, 2026.
145 (5) Notwithstanding another law to the contrary, before
146 contracting to award an economic development incentive, the
147 department must execute a separate agreement with the recipient
148 of the incentive that reserves the right of the department to
149 recover the amount of money, grants, funds, or other incentives
150 disbursed by the department if the recipient benefitting from

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151 such money, grants, funds, or other incentives fails to comply
152 with this section. The separate agreement must have a term of
153 not less than:
154 (a) The term the department would require for an agreement
155 executed pursuant to this chapter, for an economic development
156 incentive of less than $5 million; or
157 (b) Twenty years for an economic development incentive of
158 $5 million or more.
159 Section 3. This act shall take effect July 1, 2026.

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HOUSING, AGRICULTURE & TOURISM SUBCOMMITTEE

HB 1387 by Rep. Overdorf
State Economic Development Contracts

AMENDMENT SUMMARY
February 5, 2026

Amendment #419727 by Rep. Overdorf (Strike-all):
• Revises the definition of “contract”;
• Requires the Attorney General to determine whether a violation of the separate
agreement entered into by the Department of Commerce and the employer has
occurred; and
• Reduces the term of the separate agreement for economic development incentive
awards of $5 million or more from 20 years to no more than 5 years.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1387 (2026)
Amendment No.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Overdorf offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. This act may be cited as the "Taxpayer Dollars
8 Protect Workers Act."
9 Section 2. Section 288.0615, Florida Statutes, is created
10 to read:
11 288.0615 Employee protections in economic development
12 contracts.-
13 (1) As used in this section, the term:
14 (a) "Contract" means an agreement:
15 1. Between an employer and the state; or
16 2. Between an employer and a labor organization.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1387 (2026)
Amendment No.

17 (b) "Economic development incentive" means a state grant,
18 authorized under this chapter for the purposes of economic
19 development, provided to an employer to attract or retain the
20 employer's physical presence in this state.
21 (c) "Employee" means an individual who performs services
22 for an employer for wages that are subject to withholding
23 requirements under 26 U.S.C. s. 3402.
24 (d) "Employer" means a business entity that voluntarily
25 pursues economic development incentives authorized under this
26 section or enters into an agreement with the department for the
27 purpose of receiving those incentives.
28 (e) "Labor organization" means any organization of any
29 kind, or any agency or employee representation committee or
30 plan, in which employees participate and which exists for the
31 purpose, in whole or in part, of dealing with employers
32 concerning grievances, labor disputes, wages, hours of
33 employment, or conditions of work.
34 (f) "Neutrality agreement" means an agreement signed with
35 a labor organization wherein the employer agrees to conditions
36 including, but not limited to, not speaking to employees about
37 labor organization issues.
38 (g) "Personal contact information" means an employee's
39 home address, home or personal cellular telephone number, or
40 personal e-mail address.
41 (h) "Secret ballot election" means a process conducted by
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1387 (2026)
Amendment No.

42 the National Labor Relations Board in which an employee casts a
43 secret ballot for or against labor organization representation.
44 (i) "Subcontractor" means a person or entity that has
45 contracted with an employer to perform work or provide services.
46 (2)(a) To be eligible for an economic development
47 incentive, an employer must sign an agreement with the
48 department stating that it will not do any of the following:
49 1. Grant union recognition rights for employees solely on
50 the basis of signed labor organization authorization cards if
51 the selection of a bargaining representative may instead be
52 conducted through a secret ballot election conducted by the
53 National Labor Relations Board.
54 2. Voluntarily disclose an employee's personal contact
55 information to a labor organization, or a third party acting on
56 behalf of a labor organization, without the employee's written
57 consent, unless otherwise required by state or federal law.
58 3. Sign a neutrality agreement with a labor organization.
59 4. Require a subcontractor performing work for or
60 providing services to the employer to engage in activities
61 prohibited in this paragraph.
62 (b) The prohibitions in paragraph (a) apply to any work or
63 service provided to the employer on the project for which the
64 economic development incentive is awarded.
65 (3)(a) A person or an entity may report, based upon a
66 reasonable belief, a violation of paragraph (2)(a) to the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1387 (2026)
Amendment No.

67 Attorney General, provided that such report is made during the
68 term of the separate agreement entered into by the department
69 and the employer in subsection (4).
70 (b) Upon receiving the report, the Attorney General shall
71 determine whether a violation has occurred. The Attorney General
72 shall request from the employer a copy of the written agreement
73 signed pursuant to paragraph (2)(a). If the employer refuses to
74 provide the Attorney General with the written agreement, the
75 employer is in violation of the agreement entered into between
76 the employer and the department. The Attorney General must
77 deliver in writing his or her findings to the employer alleged
78 to be in violation within 60 days. If the Attorney General finds
79 that an employer has violated the written agreement signed
80 pursuant to paragraph (2)(a), he or she shall initiate
81 proceedings to recover funds awarded to the employer. The
82 Attorney General's findings are final.
83 (4) Notwithstanding any other law to the contrary, before
84 contracting to award an economic development incentive, the
85 department must execute a separate written agreement with the
86 recipient of the economic development incentive which reserves
87 the right of the department to recover the amount of money,
88 grants, funds, or other incentives disbursed by the department
89 if the recipient benefiting from such money, grants, funds, or
90 other incentives fails to comply with this section. This
91 agreement is effective for either:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1387 (2026)
Amendment No.

92 (a) The duration of the project, to be determined by the
93 department, for an economic development incentive award of less
94 than $5 million; or
95 (b) No longer than 5 years, for an economic development
96 incentive award of $5 million or more.
97 (5) This section does not apply to:
98 (a) A contract between the state and an employer executed
99 before July 1, 2026; or
100 (b) A contract between an employer and a labor
101 organization executed before July 1, 2026.
102 Section 2. This act shall take effect July 1, 2026.
103
104 -----------------------------------------------------
105 T I T L E A M E N D M E N T
106 Remove lines 4-15 and insert:
107 s. 288.0615, F.S.; defining terms; requiring an
108 employer to sign an agreement with the department
109 before becoming eligible for an economic development
110 incentive; specifying the provisions of the agreement;
111 providing applicability; authorizing persons and
112 entities to report a suspected violation to the
113 Attorney General within a specified timeframe;
114 requiring the Attorney General to determine whether a
115 violation has occurred; requiring the Attorney General
116 to request certain information from the employer
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1387 (2026)
Amendment No.

117 alleged to be in violation; providing that refusal of
118 such employer to provide such information is in
119 violation of the agreement; requiring the Attorney
120 General to deliver his or her findings to such
121 employer within a specified timeframe; requiring the
122 Attorney General to initiate proceedings to recover
123 funds awarded to the employer if the employer is found
124 to have violated the agreement; providing that the
125 Attorney General's findings are final; requiring the
126 department to execute a separate written agreement
127 with the recipient of the economic development
128 incentive before the department awards the incentive;
129 specifying the contents of the separate agreement;
130 providing the effective periods of the separate
131 agreement; providing applicability; providing an
132 effective date.
133

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HB 1481
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1481 COMPANION BILL: CS/SB 1602 (Wright)
TITLE: Housing for Veterans LINKED BILLS: HB 1483 Rosenwald, Daley
SPONSOR(S): Rosenwald and Daley RELATED BILLS: CS/SB 1604 (Wright)
Committee References
Housing, Agriculture & Intergovernmental Affairs Transportation & Commerce
Tourism Economic Development
  Budget 

SUMMARY
Effect of the Bill:
The bill creates the Homes for Veterans Property Management Incentive Pilot Program (pilot program) in Broward,
Escambia, Hillsborough, and Santa Rosa counties to provide landlords with incentives to address veteran
homelessness, subject to annual legislative appropriation.

The bill allows landlords who enter into an agreement with eligible veterans to apply to the Florida Housing
Finance Corporation to receive funding to:
 Compensate a landlord for the time that a dwelling unit is held vacant before the veteran is able to move in.
 Cover property loss at the dwelling unit caused by the veteran which extends beyond the amount of the
deposit money, up to $2,000.

Fiscal or Economic Impact:
The bill may have an indeterminate, negative fiscal impact on state government related to providing funding for
certain landlords to veteran tenants and administering the pilot program.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill creates the Homes for Veterans Property Management Incentive Pilot Program (pilot program) in
Broward, Escambia, Hillsborough, and Santa Rosa counties to provide landlords with incentives to address veteran
homelessness, subject to annual legislative appropriation. (Section 1)

The bill allows landlords who enter into an agreement with eligible veterans to apply to the Florida Housing
Finance Corporation (FHFC) to receive funding from the following trust funds related to veteran housing, which
are created by the linked bill, HB 1483: (Section 1)
 The Vacancy Relief Trust Fund, which is designed to compensate a landlord for the time that the dwelling
unit is held vacant before the veteran is able to move in.
o The Vacancy Relief Trust Fund may provide proportional rent to eligible landlords for a period of
up to 45 days after the date the dwelling unit becomes available or until the actual date that the
veteran moves into the dwelling unit, whichever is sooner.
 The Risk Mitigation Trust Fund, which is designed to cover property loss at the dwelling unit caused by the
veteran which extends beyond the amount of the deposit money.
o The Risk Mitigation Trust Funds may provide funding if a veteran moves out of the dwelling unit
during the first 12 months of a year-to-year rental agreement or after the expiration of a rental
agreement for any duration. The landlord may apply for up to $2,000 beyond the deposit money.

STORAGE NAME: h1481.HAT
DATE: 2/3/2026
1
HB 1481
The bill requires, at a minimum, a landlord to submit the following documentation to FHFC when applying for the
Vacancy Relief Trust Fund: (Section 1)
 A completed application, as determined by FHFC.
 The signed rental agreement between the landlord and the veteran.
 The turnover paperwork for the dwelling unit.
 A move-in checklist with current photos of the dwelling unit.
 A copy of the veteran's ledger or other proof, as received by FHFC, that the veteran is eligible for rental
assistance under the U. S. Department of Housing and Urban Development - Veterans Affairs Supportive
Housing (HUD-VASH) program.

The bill requires, at a minimum, a landlord to submit the following documentation to FHFC when applying for the
Risk Mitigation Trust Fund: (Section 1)
 A completed application, as determined by FHFC.
 The signed rental agreement between the landlord and the veteran.
 The turnover paperwork for the dwelling unit.
 A copy of the move-in checklist with current photos of the dwelling unit.
 A copy of the veteran's ledger or other proof, as received by FHFC, that the veteran is eligible for rental
assistance under the HUD-VASH program.
 After the veteran vacates the dwelling unit, a copy of the move-out checklist with current photos of the
dwelling unit and a copy of the written notice of intent to impose a claim on the deposit provided to the
veteran by the landlord in accordance with s. 83.49(3)(a), F.S.

In order to apply for the Vacancy Relief Trust Fund or the Risk Mitigation Trust Fund, the bill requires a landlord to
submit all required documentation to FHFC within 60 days after the veteran moves into the dwelling unit. The case
manager assigned to the veteran by the U.S. Department of Veterans’ Affairs (VA) must assist FHFC by facilitating
trust fund requests from landlords and documentation compliance.

The bill provides that a landlord may apply for the Risk Mitigation Trust Fund only if the landlord previously
applied to the Vacancy Relief Trust Fund. (Section 1)

The bill requires FHFC, in conjunction with the local public housing authority and case managers assigned to
veterans by the VA, to establish and oversee the Vacancy Relief Trust Fund, the Risk Mitigation Trust Fund, the
applications for such trust funds, the document requirements, and all processes of the pilot program. The bill
requires FHFC to adopt rules to implement the pilot program. (Section 1)

The bill provides that, due to funding for the pilot program being limited, FHFC is required to award funds on a
first-come, first-served basis. (Section 1)

The bill has an effective date of July 1, 2026, if HB 1483 or similar legislation is adopted in the same legislative
session or an extension thereof and becomes a law. (Section 2)

RULEMAKING:
The bill requires FHFC to adopt rules to implement the pilot program.

FISCAL OR ECONOMIC IMPACT:

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2
HB 1481
STATE GOVERNMENT:
The bill may have an indeterminate, negative fiscal impact on state government related to providing funding for
certain landlords to veteran tenants and administering the pilot program.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Housing Finance Corporation

The Florida Housing Finance Corporation (FHFC) is a public-private entity created by the Legislature in 1997 to
assist in providing a range of affordable housing opportunities for Floridians.1 The FHFC is a corporation held by
the state and housed within the Department of Commerce (Department). The FHFC is a separate budget entity and
its operations are not subject to control, supervision, or direction by the Department.2

The goal of the FHFC is to increase the supply of safe, affordable housing for individuals and families with very low
to moderate incomes by stimulating investment of private capital and encouraging public and private sector
housing partnerships.3 As a financial institution, the FHFC administers federal and state resources to finance the
development and preservation of affordable rental housing and to assist homebuyers with financing and down
payment assistance.4

The FHFC administers several affordable housing programs, including the:5
 State Apartment Incentive Loan Program,
 Multifamily Mortgage Revenue Bonds Program,
 Florida Affordable Housing Guarantee Program,
 Low Income Housing Tax Credit Program,
 State Housing Initiatives Partnership Program,
 Predevelopment Loan Program,
 Foreclosure Counseling Program,
 Affordable Housing Catalyst Program,
 Homebuyer Loan Program,
 Downpayment Assistance Program, and
 Homeownership Pool Program.

The FHFC may prevent an applicant or an applicant’s affiliate from participating in any of its programs under
certain circumstances if the applicant or affiliate has:6
 Made a material misrepresentation or engaged in fraudulent actions in connection with any FHFC program;
 Been convicted or found guilty of, or entered a plea of guilty or nolo contendere7 to, a crime in any
jurisdiction which directly relates to the financing, construction, or management of affordable housing or
the fraudulent procurement of state or federal funds;

1 Chapter 97-167, Laws of Fla. From 1980 through 1997, the former Florida Housing Finance Agency, placed within the

former Department of Community Affairs, performed similar duties. See ch. 80-161, and ch. 97-167, s. 7, Laws of Fla.
2 S. 420.504(3), F.S.
3 See ss. 420.502 and 420.511, F.S.
4 Florida Housing Finance Corporation, Overview of Florida Housing Finance Corporation, 1 (July 2017) available at

https://www.floridahousing.org/docs/default-source/aboutflorida/august2017/august2017/tab8.pdf (last visited Jan. 29,
2026).
5 Id.
6 S. 420.518(1), F.S.
7 By entering a plea of nolo contendere, a defendant does not admit the allegations of the charge against him or her in a

technical sense, but rather represents the defendant’s unwillingness to contest the charge. Grizzard v. State, 881 So. 2d 673, at
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 1481
 Been excluded from any federal funding program related to providing housing, including debarment8 from
participation in federal housing programs by HUD;
 Been excluded from any federal or Florida procurement programs;
 Offered or given consideration, other than the consideration to provide affordable housing, with respect to
a local contribution;
 Demonstrated a pattern of noncompliance and a failure to correct any such noncompliance after notice
from FHFC in the construction, operation, or management of one or more developments funded through a
FHFC program; or
 Materially or repeatedly violated any condition imposed by FHFC in connection with the administration of
a FHFC program, including a land use restriction agreement, an extended use agreement, or any other
financing or regulatory agreement with FHFC.

U.S. Department of Housing and Urban Development Veterans Affairs Supportive Housing Program

The U.S. Department of Housing and Urban Development (HUD) administers programs that provide housing and
community development assistance, and also works to ensure fair and equal housing opportunity.9

The HUD Veterans Affairs Supportive Housing (HUD-VASH) program combines the HUD’s Housing Choice Voucher
(HCV) rental assistance for homeless veterans with case management and clinical services provided by the VA. The
VA provides these services for participating veterans at VA medical centers, community-based outreach clinics,
through VA contractors, or through other VA designated entities.10

Each year, HUD and the VA collaboratively award HUD-VASH vouchers based on current geographic need and
public housing agency (PHA) performance. Since 2017, the allocation process for awarding HUD-VASH vouchers
has changed to allow PHAs to self-identify their interest in the program. HUD publishes an annual HUD-VASH
Registration of Interest Notice containing detailed instructions that PHAs must follow if they are interested in
receiving a portion of the available HUD-VASH vouchers. PHAs must have the support of a partnering VA facility
and meet any utilization threshold requirements to be eligible for an award. After the registration period has
closed, HUD and the VA use a formula to determine relative need, and ultimately invite eligible PHAs to apply for a
specific number of HUD-VASH vouchers. The associated funding awarded for HUD-VASH vouchers is determined
by the actual average per unit cost at each PHA.11

There is at least one PHA currently administering HUD-VASH in each of the 50 states, District of Columbia, Puerto
Rico, and Guam.12 In Florida there are 97 PHA’s working with HUD.13 HUD-VASH vouchers are renewed based on
actual PHA leasing along with all other HCVs.14

Generally, the HUD-VASH program is administered in accordance with regular HCV and project-based voucher
program requirements.15 However, the 2008 Consolidated Appropriations Act allows the HUD to waive or specify

676-677 (Fla. Dist. Ct. App. 2004). See also, Vinson v. State, 345 So.2d 711 (Fla.1977); Kelly v. Dep't of Health & Rehab. Serv., 610
So.2d 1375 (Fla. 2d DCA 1992).
8 “Debarment” means an action taken by a federal agency to prohibit a recipient from participating in federal government

procurement contracts and covered nonprocurement transactions. 1 C.F.R. § 182.630.
9 USA.GOV, U.S. Department of Housing and Urban Development (HUD), https://www.usa.gov/agencies/u-s-department-of-

housing-and-urban-development#:~:text=The%20Department%20of%20Housing%20and,equal%20housing%
20opportunity%20for%20all. (last visited Jan. 29, 2026).
10 HUD, HUD-VASH, https://www.hud.gov/helping-americans/housing-choice-vouchers-homeless-veterans (last visited Jan.

29, 2026).
11 Id.
12 Id.
13 HUD, Local Public Housing Authority, PHA Contact Information,

https://www.hud.gov/sites/dfiles/PIH/documents/PHA_Contact_Report_FL.pdf (last visited Jan. 29, 2026).
14 HUD, supra note 10.
15 24 CFR ss. 982 and 983.

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4
HB 1481
alternative requirements for any provision of any statute or regulation affecting the HCV program in order to
effectively deliver and administer HUD-VASH voucher assistance.16

U.S. Department of Veterans’ Affairs Case Management and Services

The VA runs programs that benefit veterans and members of their families. It offers educational opportunities and
rehabilitation services and provides compensation payments for disabilities or death related to military service,
home loan guaranties, pensions, burials, and health care that includes the services of nursing homes, clinics, and
medical centers.17 The VA Care Management and Social Work programs provide a vast array of clinical services,
which address the needs of wounded, injured and ill Servicemembers, Veterans, their family members, and family
caregivers.18

Community Resource and Referral Centers (CRRCs) are places where veterans who are experiencing homelessness
or risk of homelessness can connect to stable housing and supportive services. CRRCs are collaborative, multi-
agency programs that provide access to housing, health care, and a wide variety of services that veterans may
need. These community-based store front operations are located in areas of the city accessible to veterans and
services are provided by both the VA and community partner staff.19 CRRCs are an important part of the VA’s
community outreach efforts and a primary access point for veterans experiencing homelessness or risk.20

Veteran Homelessness

Section 1.01(14), F.S., defines “veteran” to mean a person who served in the active military, naval, or air service
and who was discharged or released under honorable conditions only or who later received an upgraded discharge
under honorable conditions, notwithstanding any action by the VA on individuals discharged or released with
other than honorable discharges.

Florida has the second largest population of veterans in the nation after Texas.21 Nearly 1.4 million veterans reside
in the state, which is 12 percent of the state’s population of adults aged 18 and over.22

According to the Florida Council on Homelessness, reducing homelessness among veterans is an ongoing policy
focus for local, state, and federal agencies.23 Veterans experience homelessness at a higher rate than non-veterans,
and the risk factors for veteran homelessness include substance abuse, mental health, poverty, and social
isolation.24 Preliminary 2025 data indicates the count of veterans experiencing homelessness in Florida decreased
significantly from 2019 to 2025, and has seen a year over year decrease of 18.65 percent from 2024 to 2025.
Nonetheless, approximately 1,898 veterans were experiencing homelessness in Florida in 2025.25

16 Public Law 110-161.
17 USA.GOV, U.S. Department of Veterans Affairs (VA), https://www.usa.gov/agencies/u-s-department-of-veterans-affairs (last

visited Jan. 29, 2026).
18 VA, Care Management and Social Work,

, https://www.patientcare.va.gov/caremanagement.asp (last visited Jan. 30, 2026).
19 VA, National Center on Homelessness Among Veterans (NCHAV), https://www.va.gov/homeless/nchav/index.html (last

visited Jan. 29, 2026).
20 Id.
21 VA, Our Veterans, https://www.floridavets.org/our-veterans/ (last visited Jan. 29, 2026).
22 Id.
23 Florida’s Council on Homelessness, Florida’s Council on Homelessness Annual Report 2025,

https://www.myflfamilies.com/sites/default/files/2025-
07/Florida%20Council%20on%20Homelessness%20Annual%20Report%202025.pdf (last visited Jan. 29, 2026).
24 National Coalition for Homeless Veterans, Risk Factors for Homelessness Among US Veterans,

https://www.nchv.org/images/uploads/RB%2095%20-%20Risk%20Factors%20for%20Homelessness%20Among%20
US%20Veterans%20FINAL%20(2).pdf (last visited Jan. 29, 2026).
25 Florida’s Council on Homelessness, supra note 22.

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5
HB 1481
The Florida Department of Veterans’ Affairs was created to provide assistance to all former, present, and future
members of the Armed Forces of the United States and their spouses and dependents in preparing claims for and
securing compensation, hospitalization, career training, and other benefits or privileges to which they are, or may
become entitled to, under federal or state law or regulation by reason of their service in the Armed Forces of the
United States.26

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Wright
Subcommittee
Intergovernmental Affairs
Subcommittee
Transportation & Economic
Development Budget
Subcommittee
Commerce Committee

26 S. 292.05(1), F.S.

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6
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

HB 1481 2026

1 A bill to be entitled
2 An act relating to housing for veterans; creating s.
3 83.684, F.S.; providing a short title; providing
4 definitions; establishing the Homes for Veterans
5 Property Management Incentive Pilot Program in certain
6 counties; requiring the Florida Housing Finance
7 Corporation, in conjunction with other entities and
8 persons, to oversee the pilot program; authorizing
9 certain landlords to apply to the corporation to
10 receive funding from the Vacancy Relief Trust Fund and
11 the Risk Mitigation Trust Fund under certain
12 circumstances; providing the purpose of such trust
13 funds; requiring a landlord to submit to the
14 corporation specified documentation within a specified
15 time period to apply for either trust fund; requiring
16 certain case managers to assist the corporation;
17 authorizing a landlord to apply for up to a specified
18 dollar amount from the Risk Mitigation Trust Fund;
19 providing a requirement to apply for the Risk
20 Mitigation Trust Fund; providing that funding is
21 awarded on a first-come, first-served basis; requiring
22 the corporation to adopt rules; providing a contingent
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:

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HB 1481 2026

26
27 Section 1. Section 83.684, Florida Statutes, is created to
28 read:
29 83.684 Homes for Veterans Property Management Incentive
30 Pilot Program.—
31 (1) This section may be cited as the "Homes for Veterans
32 Property Management Incentive Pilot Program."
33 (2) As used in this section, the term:
34 (a) "Corporation" means the Florida Housing Finance
35 Corporation.
36 (b) "Ledger" means a historical, physical ledger that
37 serves as the official records of a veteran, including a
38 veteran's eligibility for the United States Department of
39 Housing and Urban Development - Veterans Affairs Supportive
40 Housing voucher with subsidy. The term also includes a digitized
41 system that contains and stores the same information as the
42 physical ledger.
43 (c) "Pilot program" means the Homes for Veterans Property
44 Management Incentive Pilot Program.
45 (d) "Veteran" has the same meaning as in s. 1.01(14).
46 (3) The Homes for Veterans Property Management Incentive
47 Pilot Program is established in Broward, Escambia, Hillsborough,
48 and Santa Rosa Counties to provide landlords with incentives to
49 address veteran homelessness. Implementation of this pilot
50 program is subject to annual legislative appropriations. The

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HB 1481 2026

51 corporation, in conjunction with the local public housing
52 authority and case managers assigned to veterans by the
53 Department of Veterans' Affairs, shall establish and oversee the
54 Vacancy Relief Trust Fund, the Risk Mitigation Trust Fund, the
55 applications for such trust funds, the document requirements,
56 and all processes of the pilot program.
57 (4)(a) A landlord who enters into a rental agreement with
58 an eligible veteran may apply to the corporation to receive
59 funding from the Vacancy Relief Trust Fund created under s.
60 420.56. The purpose of the Vacancy Relief Trust Fund is to allow
61 a landlord to hold a dwelling unit for a period of time, and
62 still be compensated for the time that the dwelling unit is
63 vacant, until the veteran is able to move in to the dwelling
64 unit. The Vacancy Relief Trust Fund provides proportional rent
65 to eligible landlords for a period of up to 45 days after the
66 date the dwelling unit becomes available or until the actual
67 date that the veteran moves into the dwelling unit, whichever is
68 sooner.
69 (b) To apply for the Vacancy Relief Trust Fund, a landlord
70 must submit all required documentation to the corporation within
71 60 days after the veteran moves into the dwelling unit. The case
72 manager assigned to the veteran must assist the corporation by
73 facilitating trust fund requests from landlords and
74 documentation compliance. At a minimum, a landlord must submit
75 to the corporation all of the following:

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HB 1481 2026

76 1. A completed application, as determined by the
77 corporation.
78 2. The signed rental agreement between the landlord and
79 the veteran.
80 3. The turnover paperwork for the dwelling unit.
81 4. A move-in checklist with current photos of the dwelling
82 unit.
83 5. A copy of the veteran's ledger or other proof, as
84 received by the corporation, that the veteran is eligible for
85 rental assistance under the United States Department of Housing
86 and Urban Development - Veterans Affairs Supportive Housing
87 program, as implemented by the Department of Veterans' Affairs
88 and public housing authorities.
89 (5)(a) If a veteran moves out of the dwelling unit during
90 the first 12 months of a year-to-year rental agreement or after
91 the expiration of a rental agreement for any duration, the
92 landlord may apply to the corporation to receive funding from
93 the Risk Mitigation Trust Fund created under s. 420.56. The Risk
94 Mitigation Trust Fund is designed to cover property loss at the
95 dwelling unit caused by the veteran which extends beyond the
96 amount of the deposit money. The landlord may apply for up to
97 $2,000 beyond the deposit money.
98 (b) To apply for the Risk Mitigation Trust Fund, a
99 landlord must submit all required documentation to the
100 corporation within 60 days after the veteran moves into the

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101 dwelling unit. The case manager assigned to the veteran must
102 assist the corporation by facilitating trust fund requests from
103 landlords and documentation compliance. At a minimum, a landlord
104 must submit to the corporation all of the following:
105 1. A completed application, as determined by the
106 corporation.
107 2. The signed rental agreement between the landlord and
108 the veteran.
109 3. The turnover paperwork for the dwelling unit.
110 4. A copy of the move-in checklist with current photos of
111 the dwelling unit.
112 5. A copy of the veteran's ledger or other proof, as
113 received by the corporation, that the veteran is eligible for
114 rental assistance under the United States Department of Housing
115 and Urban Development - Veterans Affairs Supportive Housing
116 program, as implemented by the Department of Veterans' Affairs
117 and public housing authorities.
118 6. After the veteran vacates the dwelling unit, a copy of
119 the move-out checklist with current photos of the dwelling unit
120 and a copy of the written notice provided to the veteran by the
121 landlord in accordance with s. 83.49(3)(a).
122 (c) A landlord may apply for the Risk Mitigation Trust
123 Fund only if the landlord previously applied to the Vacancy
124 Relief Trust Fund.
125 (6) Funding for the pilot program is limited and the

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126 corporation shall award funds on a first-come, first-served
127 basis.
128 (7) The corporation shall adopt rules to implement this
129 section.
130 Section 2. This act shall take effect July 1, 2026, if HB
131 1483 or similar legislation is adopted in the same legislative
132 session or an extension thereof and becomes a law.

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HOUSING, AGRICULTURE & TOURISM SUBCOMMITTEE

HB 1481 by Reps. Rosenwald and Daley
Housing for Veterans

AMENDMENT SUMMARY
February 5, 2026

Amendment #073031 by Rep. Rosenwald (Strike-all): The amendment:
• Clarifies the Florida Housing Finance Corporation’s (Corporation) responsibilities for the
Homes for Veterans Property Management Incentive Pilot Program (pilot program).
• Requires the Corporation to contract with one or more entities with certain qualifications
to perform intake, documentation review, document retention, claim verification, and
funding distribution for the pilot program.
• Requires that veterans must be participating in the U.S. Department of Housing and
Urban Development-Veterans Affairs Supportive Housing program to be eligible to
participate in the pilot program.
• Allows the Corporation and contracted entities to rely on certain documentation from the
Department of Veterans Affairs and local housing authorities when making funding
determinations, rather than requiring original documents and applications from the
landlord.
• Allows the Corporation to suspend accepting applications when appropriated funds are
expended.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1481 (2026)
Amendment No.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Rosenwald offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 83.684, Florida Statutes, is created to
8 read:
9 83.684 Homes for Veterans Property Management Incentive
10 Pilot Program.—
11 (1) This section may be cited as the "Homes for Veterans
12 Property Management Incentive Pilot Program."
13 (2) As used in this section, the term:
14 (a) "Corporation" means the Florida Housing Finance
15 Corporation.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1481 (2026)
Amendment No.

16 (b) "HUD-Veterans Affairs Supportive Housing program"
17 means a program that combines the United States Department of
18 Housing and Urban Development's housing choice voucher rental
19 assistance for homeless veterans with case management and
20 clinical services provided by the United States Department of
21 Veterans Affairs.
22 (c) "Ledger" means a historical, physical ledger that
23 serves as the official records of a veteran, including a
24 veteran's eligibility for the United States Department of
25 Housing and Urban Development - Veterans Affairs Supportive
26 Housing voucher with subsidy. The term also includes a digitized
27 system that contains and stores the same information as the
28 physical ledger.
29 (d) "Pilot program" means the Homes for Veterans Property
30 Management Incentive Pilot Program.
31 (e) "Veteran" has the same meaning as in s. 1.01(14).
32 (3) The Homes for Veterans Property Management Incentive
33 Pilot Program is established in Broward, Escambia, Hillsborough,
34 and Santa Rosa Counties to provide eligible landlords with
35 incentives to lease eligible dwelling units to veterans who are
36 participating in the HUD-Veterans Affairs Supportive Housing
37 program. Implementation of this pilot program is subject to
38 annual legislative appropriation. The corporation, in
39 consultation with the local public housing authority and case
40 managers assigned to veterans by the United States Department of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1481 (2026)
Amendment No.

41 Veterans' Affairs, shall establish and oversee the Vacancy
42 Relief Trust Fund, the Risk Mitigation Trust Fund, the
43 applications for such trust funds, the document requirements,
44 and all processes of the pilot program. The corporation's
45 responsibilities under this section are limited to program
46 administration, including rulemaking, oversight, and
47 establishing and executing contracts with one or more local
48 public housing authorities, contracted program administrators,
49 or other public or nonprofit entities that have experience
50 administering the HUD-Veterans Affairs Supportive Housing
51 program, supportive housing, or landlord mitigation programs to
52 perform intake, documentation review, and claim verification
53 functions to locally administer the funds in the Vacancy Relief
54 Trust Fund and the Risk Mitigation Trust Fund and to distribute
55 funding to the contracted program administrator for payment of
56 approved reimbursement requests. The corporation is not
57 responsible for maintaining eligibility files, tenancy records,
58 or other case-level documentation for the HUD-Veterans Affairs
59 Supportive Housing program. Such functions must be maintained by
60 the contracted program administrator.
61 (4)(a) A landlord who enters into a rental agreement with
62 an eligible veteran may apply to a contracted program
63 administrator to request funding from the Vacancy Relief Trust
64 Fund created under s. 420.56. The purpose of the Vacancy Relief
65 Trust Fund is to allow a landlord to hold a dwelling unit for a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1481 (2026)
Amendment No.

66 period of time, and still be compensated for the time that the
67 dwelling unit is vacant, until the veteran is able to move into
68 the dwelling unit. The Vacancy Relief Trust Fund provides
69 proportional rent to eligible landlords for a period of up to 45
70 days after the date the dwelling unit becomes available or until
71 the actual date that the veteran moves into the dwelling unit,
72 whichever is sooner.
73 (b) To apply for the Vacancy Relief Trust Fund, a landlord
74 must submit all required documentation to the contracted program
75 administrator within 60 days after the veteran moves into the
76 dwelling unit. The case manager assigned to the veteran must
77 assist the contracted program administrator by facilitating
78 trust fund requests from landlords and documentation compliance.
79 The contracted program administrator must maintain all
80 documentation required under this subsection and provide the
81 corporation with a certification of eligibility, tenancy dates,
82 and verified costs within the timeframe established by the
83 corporation by rule. At a minimum, a landlord must submit
84 documentation to the contracted program administrator in the
85 form and manner established by the corporation. Required
86 supporting documentation necessary to confirm eligibility for
87 reimbursement and oversight must be maintained by the entity
88 responsible for case management or rental assistance
89 administration in the HUD-Veterans Affairs Supportive Housing
90 program.
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Bill No. HB 1481 (2026)
Amendment No.

91 (c) The corporation may rely on certifications,
92 determinations, and documentation provided by public housing
93 authorities, the United States Department of Veterans Affairs,
94 providers of Supportive Services for Veteran Families,
95 continuums of care, or other entities responsible for
96 administering or supporting the functions of the HUD-Veterans
97 Affairs Supportive Housing program. The corporation's reliance
98 on such certifications, determinations, and documentation
99 satisfies the corporation's oversight and evaluation
100 responsibilities of the functions, activities, and outcomes for
101 the pilot program.
102 (5)(a) If a veteran moves out of the dwelling unit during
103 the first 12 months of a year-to-year rental agreement or after
104 the expiration of a rental agreement for any duration, the
105 landlord may apply to the contracted program administrator for
106 funding from the Risk Mitigation Trust Fund created under s.
107 420.56. The Risk Mitigation Trust Fund is designed to cover
108 property loss at the dwelling unit caused by the veteran which
109 extends beyond the amount of the deposit money. The landlord may
110 apply for up to $2,000 beyond the deposit money.
111 (b) To apply for the Risk Mitigation Trust Fund, a
112 landlord must submit all required documentation to the
113 contracted program administrator within 60 days after the
114 veteran moves out of the dwelling unit. The case manager
115 assigned to the veteran must assist the contracted program
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1481 (2026)
Amendment No.

116 administrator by facilitating trust fund requests from landlords
117 and documentation compliance. The contracted program
118 administrator must maintain all documentation required under
119 this subsection and provide the corporation, within the
120 timeframe established by rule, a certification of eligibility,
121 tenancy dates, verified damage amounts, and verified costs.
122 Required supporting documentation necessary to confirm
123 eligibility for reimbursement and oversight must be maintained
124 by the entity responsible for case management or rental
125 assistance administration in the HUD-Veterans Affairs Supportive
126 Housing program.
127 (c) After the veteran vacates the dwelling unit, the
128 landlord must provide a copy of the move-out checklist with
129 current photos of the dwelling unit and a copy of the written
130 notice provided to the veteran by the landlord in accordance
131 with s. 83.49(3)(a).
132 (d) A landlord may apply for the Risk Mitigation Trust
133 Fund only if the landlord previously applied to the Vacancy
134 Relief Trust Fund.
135 (6) Funding for the pilot program is limited, and the
136 corporation shall award funds on a first-come, first-served
137 basis. The corporation may suspend acceptance of applications
138 when available appropriations are fully obligated. The
139 corporation must notify contracted program administrators if

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1481 (2026)
Amendment No.

140 intake of applications is suspended and when intake of
141 applications is resumed.
142 (7) The corporation shall adopt rules to implement this
143 section.
144 Section 2. This act shall take effect July 1, 2026, if HB
145 1483 or similar legislation is adopted in the same legislative
146 session or an extension thereof and becomes a law.
147
148 -----------------------------------------------------
149 T I T L E A M E N D M E N T
150 Remove everything before the enacting clause and insert:
151 A bill to be entitled
152 An act relating to housing for veterans; creating s.
153 83.684, F.S.; providing a short title; providing
154 definitions; establishing the Homes for Veterans
155 Property Management Incentive Pilot Program in certain
156 counties, subject to legislative appropriation;
157 requiring the Florida Housing Finance Corporation, in
158 conjunction with other entities and persons, to
159 oversee specified aspects of the pilot program;
160 providing the responsibilities of the corporation for
161 the pilot program; requiring contracted program
162 administrators to maintain certain functions of the
163 pilot program; authorizing certain landlords to apply
164 to a contracted program administrator to request
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1481 (2026)
Amendment No.

165 funding from the Vacancy Relief Trust Fund and the
166 Risk Mitigation Trust Fund under certain
167 circumstances; providing the purpose of such trust
168 funds; requiring a landlord to submit to the
169 contracted program administrator required
170 documentation within a specified time period to apply
171 for either trust fund; requiring certain case managers
172 to assist the contracted program administrator;
173 requiring the contracted program administrator to
174 maintain and provide certain documentation to the
175 corporation; requiring the entity responsible for
176 certain functions to maintain any supporting
177 documentation; authorizing the corporation to rely on
178 certifications, determinations, and documentation
179 provided by specified entities; authorizing a landlord
180 to apply for up to a specified dollar amount from the
181 Risk Mitigation Trust Fund; providing requirements to
182 apply for the Risk Mitigation Trust Fund; providing
183 that funding for the pilot program is awarded on a
184 first-come, first-served basis; authorizing the
185 corporation to suspend the acceptance of applications
186 under certain circumstances; requiring specified
187 notice; requiring the corporation to adopt rules;
188 providing a contingent effective date.

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HB 1483
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1483 COMPANION BILL: CS/SB 1604 (Wright)
TITLE: Trust Funds/Creation/Vacancy Relief Trust Fund LINKED BILLS: HB 1481 Rosenwald, Daley
and Risk Mitigation Trust Fund/Florida Housing Finance RELATED BILLS: CS/SB 1602 (Wright)
Corporation
SPONSOR(S): Rosenwald and Daley
Committee References
Housing, Agriculture & Intergovernmental Affairs Transportation & Commerce
Tourism Economic Development
  Budget 

SUMMARY
Effect of the Bill:
The bill creates the Vacancy Relief Trust Fund and the Risk Mitigation Trust Fund within the Florida Housing
Finance Corporation for the purpose of implementing the Homes for Veterans Property Management Incentive
Pilot Program.

Fiscal or Economic Impact:
None.

Extraordinary Vote Required for Passage:
The bill requires a three-fifths vote of the membership of both houses of the Legislature for final passage.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill creates trust funds for the Homes for Veterans Property Management Incentive Pilot Program (pilot
program), created in the linked bill, HB 1481. Specifically, the bill creates the Vacancy Relief Trust Fund and the
Risk Mitigation Trust Fund within the Florida Housing Finance Corporation (FHFC), where the Legislature may
appropriate funds for the purpose of implementing the pilot program. (Section 1)

Notwithstanding s. 216.301, F.S., and pursuant to s. 216.351, F.S., any balance in either trust fund at the end of the
fiscal year reverts and is appropriated to FHFC for the next fiscal year for carrying out the purposes of the trust
funds. (Section 1)

In accordance with the Florida Constitution, the Vacancy Relief Trust Fund and the Risk Mitigation Trust Fund
must, unless terminated sooner, be terminated on July 1, 2030. Before the scheduled termination of the trust funds,
each trust fund must be reviewed by the Legislature. (Section 1)

The bill is linked to HB 1481, which creates the Homes for Veterans Property Management Incentive Pilot Program
(pilot program) in Broward, Escambia, Hillsborough, and Santa Rosa counties to provide landlords with incentives
to address veteran homelessness, subject to annual legislative appropriation.

Because the bill creates new trust funds, it requires a three-fifths vote of each house of the Legislature for final
passage.

STORAGE NAME: h1483.HAT
DATE: 2/3/2026
1
HB 1483

The bill provides an effective date of July 1, 2026, but only if HB 1481 or similar legislation is adopted in the same
legislative session or an extension thereof and becomes a law. (Section 2)

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Establishment of Trust Funds

A trust fund may be created by law only by the Legislature and only if passed by a three-fifths vote of the
membership of each house in a separate bill for that purpose only. Except for trust funds being re-created by the
Legislature, each trust fund must be created by statutory language that specifies at least the following:
 The name of the trust fund.
 The agency or branch of state government responsible for administering the trust fund.
 The requirements or purposes that the trust fund is established to meet.
 The sources of moneys to be credited to the trust fund or specific sources of receipts to be deposited in
the trust fund.1

Florida Constitutional Trust Fund Termination Requirement

The Florida Constitution requires that state trust funds must terminate not more than four years after the effective
date of the act authorizing the initial creation of the trust fund.2 By law the Legislature may set a shorter time
period for which any trust fund is authorized.3

However, under the Florida Constitution, state trust funds that serve as clearing funds or accounts for the Chief
Financial Officer or state agencies are not subject to the termination requirements.4

Legislature Review of Trust Funds

The Legislature must review all state trust funds at least once every four years,5 prior to the regular session of the
Legislature immediately preceding the date on which any executive or judicial branch trust fund is scheduled to be
terminated,6 or such earlier date as the Legislature may specify.7

The agency responsible for the administration of the trust fund and the Governor, for executive branch trust funds,
or the Chief Justice, for judicial branch trust funds, must recommend to the President of the Senate and the Speaker
of the House of Representatives whether the trust fund should be allowed to terminate or should be re-created.8
Each recommendation must be based on a review of the purpose and use of the trust fund and a determination of
whether the trust fund will continue to be necessary.9 A recommendation to re-create the trust fund may include
suggested modifications to the purpose, sources of receipts, and allowable expenditures for the trust fund.10

1 s. 215.3207, F.S.
2 Art. III, s. 19(f)(2), Fla. Const.
3 Id.
4 Art. III, s. 19(f)(3), Fla. Const.
5 s. 215.3208(1), F.S.
6 Art. III, s. 19(f), Fla. Const.
7 s. 215.3206(1), F.S.
8 Id.
9 Id.
10 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 1483
When the Legislature terminates a trust fund, the agency or branch of state government that administers the trust
fund must pay any outstanding debts or obligations of the trust fund as soon as practicable.11 The Legislature may
also provide for the distribution of moneys in that trust fund. If no such distribution is provided, the moneys
remaining after all outstanding obligations of the trust fund are met must be deposited in the General Revenue
Fund.12

Florida Housing Finance Corporation

The Florida Housing Finance Corporation (FHFC) is a public-private entity created by the Legislature in 1997 to
assist in providing a range of affordable housing opportunities for Floridians.13 The FHFC is a corporation held by
the state and housed within the Department of Commerce (Department), but is not subject to control, supervision,
or direction by the Department.14

The goal of the FHFC is to increase the supply of safe, affordable housing for individuals and families with very low
to moderate incomes by stimulating investment of private capital and encouraging public and private sector
housing partnerships.15 As a financial institution, FHFC administers federal and state resources to finance the
development and preservation of affordable rental housing and assist homebuyers with financing and down
payment assistance.16

Veteran Homelessness

Florida has the second largest population of veterans in the nation after Texas.17 Nearly 1.4 million veterans reside
in the state, which is 12 percent of the state’s population of adults aged 18 and over.18

According to the Florida Council on Homelessness, reducing homelessness among veterans is an ongoing policy
focus for local, state, and federal agencies.19 Veterans experience homelessness at a higher rate than non-veterans,
and the risk factors for veteran homelessness include substance abuse, mental health, poverty, and social
isolation.20 Preliminary 2025 data indicates the count of veterans experiencing homelessness in Florida decreased
significantly from 2019 to 2025, and has seen a year over year decrease of 18.65 percent from 2024 to 2025.
Nonetheless, approximately 1,898 veterans were experiencing homelessness in Florida in 2025.21

11 s. 215.3208(2)(a), F.S..
12 s. 215.3208(2)(b), F.S..
13 Chapter 97-167, Laws of Fla. From 1980 through 1997, the former Florida Housing Finance Agency, placed within the

former Department of Community Affairs, performed similar duties. See ch. 80-161, and ch. 97-167, s. 7, Laws of Fla.
14 s. 420.504(3), F.S.
15 See ss. 420.502 and 420.511, F.S.
16 Florida Housing Finance Corporation, Overview of Florida Housing Finance Corporation, 1 (July 2017),

https://www.floridahousing.org/docs/default-source/aboutflorida/august2017/august2017/tab8.pdf (last visited Jan. 29,
2026).
17 U.S. Department of Veterans Affairs, Our Veterans, https://www.floridavets.org/our-veterans/ (last visited Jan. 29, 2026).
18 Id.
19 Florida’s Council on Homelessness, Florida’s Council on Homelessness Annual Report 2025,

https://www.myflfamilies.com/sites/default/files/2025-
07/Florida%20Council%20on%20Homelessness%20Annual%20Report%202025.pdf (last visited Jan. 29, 2026).
20 National Coalition for Homeless Veterans, Risk Factors for Homelessness Among US Veterans,

https://www.nchv.org/images/uploads/RB%2095%20-%20Risk%20Factors%20for%20Homelessness%20Among%20
US%20Veterans%20FINAL%20(2).pdf (last visited Jan. 29, 2026).
21 Florida’s Council on Homelessness, supra note 19.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 1483
Federal programs specifically aimed at reducing the number of veterans experiencing homelessness include the
U.S. Department of Housing and Urban Development Veterans Affairs Supportive Housing program vouchers22 and
the Department of Veterans’ Affairs Supportive Services for Veteran Families.23

22 U.S. Department of Housing and Urban Development, HUD-Veterans Affairs Supportive Housing (HUD-VASH),

https://www.hud.gov/helping-americans/housing-choice-vouchers-homeless-veterans (last visited Jan. 29, 2026).
23 U.S. Department of Veterans Affairs Supportive, Supportive Services for Veteran Families, https://www.va.gov/

homeless/ssvf/index.html (last visited Jan. 29, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
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

HB 1483 2026

1 A bill to be entitled
2 An act relating to trust funds; creating s. 420.56,
3 F.S.; creating the Vacancy Relief Trust Fund and Risk
4 Mitigation Trust Fund within the Florida Housing
5 Finance Corporation for a specified purpose;
6 authorizing any unexpended balance at a specified time
7 to revert and be reappropriated for a certain purpose;
8 providing for future review and termination or
9 recreation of the trust funds; providing a contingent
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 420.56, Florida Statutes, is created to
15 read:
16 420.56 Homes for Veterans Property Management Incentive
17 Pilot Program trust funds.—
18 (1) The Vacancy Relief Trust Fund and Risk Mitigation
19 Trust Fund are created within the Florida Housing Finance
20 Corporation, to which the Legislature may appropriate funds for
21 the purpose of implementing the Homes for Veterans Property
22 Management Incentive Pilot Program under s. 83.684.
23 (2) Notwithstanding s. 216.301 and pursuant to s. 216.351,
24 any balance in either trust fund at the end of the fiscal year
25 shall revert and be appropriated to the corporation for the next

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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

HB 1483 2026

26 fiscal year for carrying out the purposes of the trust funds.
27 (3) In accordance with s. 19(f)(2), Art. III of the State
28 Constitution, the Vacancy Relief Trust Fund and Risk Mitigation
29 Trust Fund must, unless terminated sooner, be terminated on July
30 1, 2030. Before the scheduled termination of the Vacancy Relief
31 Trust Fund and Risk Mitigation Trust Fund, each trust fund must
32 be reviewed as provided in s. 215.3206(1) and (2).
33 Section 2. This act shall take effect July 1, 2026, but
34 only if HB 1481 or similar legislation is adopted in the same
35 legislative session or an extension thereof and becomes a law.

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