Senate Bill 1434, the Infill Redevelopment Act (the “Act”), was signed into law by the Governor of Florida on Thursday, May 21, 2026. The bill creates Section 163.2525, Florida Statutes, and establishes a new framework to facilitate the development and redevelopment of environmentally impacted land within qualifying urban areas. The Legislature created the Infill Redevelopment Act due to its finding that Florida's urban areas lack sufficient land for additional residential uses, contributing to a housing shortage, and that environmental issues and local regulations have made it difficult to develop or redevelop parcels within or near urban areas. The Act is designed to streamline subdivision and entitlement processes and preempt local barriers to infill residential development on these sites.
Key Provisions:
- Qualifying Parcels. The Act applies to “Environmentally Impacted Land” of at least 5 acres that is adjacent to residentially zoned land in counties with populations exceeding 1.475 million and at least 15 municipalities (currently only Miami-Dade, Broward, and Palm Beach counties). The Act excludes Designated Agricultural Land, public park land, land outside an Urban Growth Boundary, land within one-quarter mile of a military installation, and land owned (or owned at any time within the preceding 15 years) by a public utility.
- Residential Use and Density Caps. Local governments must permit Qualifying Parcels to be developed with residential uses, notwithstanding any contrary local law, ordinance, or regulation. Density may not exceed the average density of all residential zoning districts within the same jurisdiction that are adjacent to the Qualifying Parcel or 25 dwelling units per acre, whichever is lower. The intensity of development must comply with the standards applicable to any adjacent qualifying parcel.
- Administrative Approval and Preemption. Qualifying developments must be administratively approved; no further action by the governing body of a local government is required. Local governments are preempted from adopting or enforcing any law, ordinance, or regulation that restricts, prohibits, or otherwise limits the development of a qualifying parcel in accordance with the Act; however, local governments retain the authority to administratively require these projects to comply with generally applicable regulations relating to architectural design.
- Buffer Requirements. Where a qualifying parcel is adjacent to single-family homes or townhouses on all sides, the developer must provide a buffer of at least 20 feet, measured from lot line to lot line, to be maintained as open space or improved with passive recreational facilities accessible to the community.
- Recreational Facility Protections. If a Qualifying Parcel includes Recreational Facilities (land previously used as a golf course, tennis court, swimming pool, clubhouse, or another similar use) and is adjacent to single-family homes on all sides, the developer must demonstrate the facilities have been out of operation for at least 12 consecutive months, pay double the applicable parks or recreational facilities impact fee, and provide adjacent property owners with a 90-day option to purchase the recreational parcel at a price as provided for in the Act, prior to redeveloping the Qualifying Parcel under the Act.
- Effective Date. The Infill Redevelopment Act takes effect upon becoming law and applies to development applications submitted on or after that date.
Join us for a webinar on May 28, 2026 at 11:00 AM for a summary review of the Infill Redevelopment Act (SB 1434). Register here.
