Florida has adopted another round of changes to the Live Local Act, continuing the state’s push to accelerate workforce housing development while reducing the role of local zoning review.
Gov. Ron DeSantis signed House Bill 1389 into law, amending the statewide housing legislation that was first approved three years ago. The measure was sponsored by Sen. Alexis Calatayud and Rep. Mike Redondo, both Republicans from Miami-Dade County, and was approved by the Legislature in March.
The Live Local Act was created to encourage multifamily housing projects that reserve at least 40 percent of units for households earning up to 120 percent of area median income. In return, qualifying projects can receive benefits such as density and height allowances, tax incentives, reduced parking requirements and administrative approval from local governments.
The newest amendment expands where Live Local projects may be built. Eligible sites now include land owned by counties, municipalities and school districts. The law also extends to certain religious-owned properties of more than three acres, provided the religious institution has operated a house of worship for at least 10 years before the proposed development.
For those projects, at least 40 percent of residential units must be set aside as workforce housing for a minimum of 30 years. In the case of religious-owned land, the house of worship must continue operating after the development is completed.
The law also adds conditions for publicly owned sites. A Live Local project on county, city or school district property must be located within that entity’s own geographic boundaries, and the public owner must be part of the application.
Another key provision limits how local governments can use design standards to reduce project size. Counties may not impose stricter setbacks, stepbacks or similar requirements as a way to effectively cut back height otherwise allowed under Live Local.
The bill also clarifies that agricultural land does not qualify as commercial or industrial property under the law.
In addition, the legislation directs Florida’s Office of Program Policy Analysis and Government Accountability to study whether mezzanine financing or second-position debt could help support construction of owner-occupied affordable housing. A report is due to state legislative leaders by the end of 2027.
The amendment also broadens language in the fair housing portion of state law. The definition of a “person” now includes government agencies and other legal or commercial entities. If a court finds that such an entity engaged in a discriminatory housing practice, the court must issue an order stopping the practice and providing relief to the plaintiff.
That change could make it more difficult for local governments to resist or challenge qualifying housing applications.
The update comes as some municipalities continue to push back against Live Local’s reach. In Miami, city commissioners recently voted to have city attorneys examine potential challenges to the law. City planning officials have raised concerns that Live Local can bypass parts of Miami 21, the city’s zoning code, including public board review requirements for large projects.
The administrative approval process remains one of the most debated parts of the law, particularly in South Florida, where cities are weighing the state’s housing goals against local control over growth, density and development review.
Source: The Real Deal
