Florida’s Infill Redevelopment Act (SB 1434): New Opportunities for Urban Residential Development
On May 21, 2026, Governor Ron DeSantis signed Senate Bill 1434 (2026), known as the “Infill Redevelopment Act” or “FIRA” into law, creating a new statewide framework intended to accelerate residential development on certain environmentally impacted properties in Florida’s urbanized counties. The law became effective immediately upon signing and was enacted as Chapter 2026-84, Laws of Florida (creating Section 163.2525, Florida Statutes).
The Legislature found that Florida’s urban areas face a shortage of land suitable for new housing and that environmental conditions, coupled with local regulatory barriers, have limited redevelopment opportunities on underutilized sites. In response, the Act establishes a process that preempts certain local development restrictions and requires local governments to allow residential redevelopment on qualifying properties.
Key Provisions
The Act applies to certain “qualifying parcels” that are at least five acres in size, are environmentally impacted, are adjacent to property zoned for residential uses by right, and within counties having populations greater than 1.475 million and at least 15 municipalities (currently only Miami-Dade, Broward, and Palm Beach Counties). Designated agricultural lands, public parks, lands outside urban growth boundaries, certain utility-owned properties, and parcels within one-quarter mile of military installations are excluded under the Act.
A central feature of the Act is that local governments must permit qualifying sites to be developed with residential uses through an administrative approval process, eliminating the need for discretionary public hearings or rezoning approvals otherwise required under local regulations. The law expressly preempts local ordinances or regulations that would restrict development authorized under the Act. Some local governments have already adopted policies to establish procedures for the required administrative review and approval of development applications submitted pursuant to the ACT (e.g., the City of Boca Raton that adopted this FIRA administrative policy on June 17, 2026).
Development density under the Act is capped at the lesser of: the average density of applicable residential zoning districts within the same jurisdiction that are adjacent to the qualifying parcel; or 25 dwelling units per acre.
The Act also includes development standards intended to protect adjacent neighborhoods. For example, developments adjacent to single-family homes or townhouses must provide a minimum 20-foot buffer area consisting of open space or passive recreational uses accessible to the community.
Redevelopment of Golf Courses and Recreational Properties
For qualifying parcels that were previously used as recreational facilities (e.g., golf course, tennis court, swimming pool, clubhouse, or other similar use) adjacent to single-family homes on all sides, developers must do the following prior to redeveloping a qualifying parcel under the Act: demonstrate that the recreational facility has not operated for at least 12 consecutive months; pay double the otherwise applicable parks or recreational facilities impact fees to compensate for the loss of open or recreational space; and provide written notice to all adjacent property owners with a 90-day option to purchase the recreational parcel or a portion thereof as recreational or open space at a price provided for in the Act. The price to purchase under the Act may not exceed the greater of: an amount equal to the price paid by the property owner plus 10 percent; or an amount equal to a bona fide offer to purchase the property received by the property owner within the last 12 months.
An Adjacent property owner who receive the required written notice and wants to exercise the option to purchase must exercise the option and close on the property, and accept a deed restriction or record a restrictive covenant requiring the property to be maintained as a recreational area or open space for at least 30 years, within 90 days after the notice is mailed or the option is forfeited.
Implications for Florida Communities
Supporters argue that SB 1434 will help address housing demand by opening underutilized and environmentally challenged sites for redevelopment while reducing entitlement uncertainty and approval timelines. Critics, however, have expressed concerns about reduced local control and the potential impact of state preemption on community planning decisions.
Katie Berkey, Esq., AICP, is a Board Certified Specialist in City, County and Local Government Law and a certified Professional Planner by the American Institute of Certified Planners (AICP); she is also a shareholder with Becker & Poliakoff. Katie represents clients in zoning, land use and planning matters. If you want to know more about what options may be available for your current or future redevelopment in light of the Act, or as a neighbor to a property ripe for redevelopment under the Act, please do not hesitate to contact Katie.
