Florida's Infill Redevelopment Act: What South Florida Developers Need to Know

Florida Senate Bill 1434, which Gov. Ron DeSantis signed into law on May 21, 2026, creates the Infill Redevelopment Act (the Act), codified at Section 163.2525, Fla. Stat. The Act preempts certain local land development regulations to promote residential infill redevelopment on "environmentally impacted" land in Florida's three most densely populated counties. The Act is intended to facilitate expedited permitting of contaminated or brownfield parcels and serve the dual public interests of remediating compromised land and increasing housing supply.

Key Provisions of the Infill Redevelopment Act

Qualifying Parcels

The Act defines "qualifying parcels" as 1) "environmentally impacted land,"¹ 2) at least 5 acres in size, 3) adjacent to² a parcel zoned for residential uses as of right within the same jurisdiction and 4) located in Miami-Dade, Broward or Palm Beach County.³

For context, in Miami-Dade County alone, there are more than 53,000 acres of designated brownfield areas, which would potentially qualify under the Act. The Act does not apply to designated agricultural land,⁴ public park land, land outside the urban development boundary, land within a quarter-mile of a military installation or land owned (or owned at any time in the prior 15 years) by a public utility.

Residential Development as of Right, Only Administrative Approval Required

Local governments must permit qualifying parcels to be developed with residential uses, notwithstanding any local law, ordinance or regulation to the contrary. Development density may not exceed the lower of 1) the average density of all zoning districts within the same jurisdiction applicable to adjacent parcels that allow residential uses as of right or 2) 25 dwelling units per acre.

Development applications for qualifying parcels must be administratively approved. Local governments may require compliance with local architectural design regulations, but only if no board review is required and such regulations do not limit the density or intensity below what the Act authorizes. Local governments are explicitly prohibited from using the subdivision process to undermine density, and any qualifying subdivision application must also be approved administratively. Each local government is mandated to maintain a policy on its website outlining its procedures for administrative approval under the Act.

Buffer and Compatibility Requirements

If 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 between the new development and existing homes or townhouses. The buffer must be maintained as open space or improved with passive recreational facilities accessible to the community.

Special Rules for Golf Courses and Recreational Facilities

Where a qualifying parcel includes recreational facilities (such as a golf course, tennis court, pool or clubhouse) adjacent to single-family homes on all sides, redevelopment faces additional hurdles: 1) the facilities must have been out of operation for at least 12 consecutive months, 2) the developer must pay double the applicable parks or recreational facilities impact fee, and 3) the developer must send written notice by certified mail to all adjacent property owners offering them the opportunity to purchase the recreational parcel to maintain it as open space within 90 days.

If adjacent property owners elect to purchase, they must close within 90 days, and a deed restriction or restrictive covenant requiring maintenance as a recreational area or open space for at least 30 years must be recorded. The purchase price may not exceed the greater of 1) the price paid by the current owner plus 10 percent or 2) a bona fide offer received within the last 12 months.

Example: A closed 18-hole golf course in a residential community has not been operational for more than a year. A developer acquires the property and sends certified mail to all adjacent homeowners offering them the opportunity to purchase the course to preserve it as open space. The homeowners association (HOA) has 90 days to organize, secure financing and close. If the HOA purchases the property, a 30-year deed restriction is recorded. If the window passes, the developer may proceed with residential development after paying double the parks impact fee.

State Preemption Overrides Moratoriums

The Act expressly provides that a local government may not adopt or enforce a local law, ordinance or regulation that restricts, prohibits or otherwise limits the development of a qualifying parcel in accordance with the Act. The Act applies to development applications submitted on or after its effective date of May 21, 2026.

Example: A municipality previously adopted a moratorium on multifamily development within certain zoning districts. Under the Act, that moratorium cannot be enforced against a qualifying parcel. If a developer submits an application for a residential project on a contaminated 6-acre site that meets all of the Act's criteria, the municipality must process it regardless of the local moratorium.

Conclusion

In sum, the Infill Redevelopment Act creates a new path for residential development on qualifying environmentally impacted land in Miami-Dade, Broward and Palm Beach counties while limiting local barriers to approval. Because the Act introduces new opportunities as well as project-specific compliance considerations, property owners and developers should evaluate potential applicability carefully. Please reach out to the authors if you have any questions about how the Act may apply to a particular property or project

Notes

¹ "Environmentally impacted land" means land on which contaminants or pollutants have been detected above applicable cleanup target levels based on Phase II environmental site assessment activities or any portion of the land is within a designated brownfield area under section 376.80, Fla. Stat. (2025). See Section 163.2525(3)(d).

² "'Adjacent to' means located next to another parcel of land or portion thereof, including where the parcels are separated only by a roadway, railroad, or other public or private right-of-way or easement." Section 163.2525(3)(a).

³ The Act applies to counties with a population exceeding 1.475 million and at least 15 municipalities. As a practical matter, only Miami-Dade, Broward and Palm Beach County presently qualify.

⁴ "Designated agricultural land means a parcel of land within a zoning district that allows for agricultural uses such as farming, raising livestock, or aquaculture as the main permitted uses and which land is classified as agricultural land under s. 193.461." Section 163.2525(3)(c).

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.