For many Floridians, affordable housing remains out of reach – especially affordable housing that would allow people to live in close proximity to where they work. Recent legislative efforts are hoping to address that issue with forward-thinking solutions that both incentivize developers and clear away regulatory obstacles. The land use and real estate attorneys at Woodward, Pires & Lombardo, P.A. continue to monitor these developments so we can help our clients and community make the most of the opportunities that these laws present.
About the Live Local Act 2023
Governor DeSantis signed the Live Local Act into law in March of 2023. The purpose of the law was to increase the availability of affordable housing with a particular focus on helping workers live in the communities they serve. Considered the largest state-backed investment in affordable housing in Florida history, the Live Local Act implements a broad spectrum of policies, tax incentives, developer incentives, and funding mechanisms, much of which expires October 1, 2033. One of the key features included a statewide preemption of local zoning ordinances to significantly increase the development capacity for mixed-income multifamily projects. Lauded by both legislators and advocates for affordable housing, The Act passed the Senate unanimously and passed in the House by a margin of 103-6.
2024 Updates
The 2023 Live Local Act was amended this year during the 2024 legislative session in an attempt to clarify certain aspects in the original bill. Prior to being signed into law by Governor DeSantis, the amendments passed unanimously in the Senate and passed the House with only one dissenting vote. See Chapter 2024-188, Laws of Florida.
Key Features
Here are some of the main features of the Live Local Act:
- The goal of the 2023 Act was to allow development of mixed-income projects with at least 40% of all dwelling units being designated as affordable housing for households earning less than 120% of the area median income.
- As noted above, the Live Local Act preempts local zoning ordinances for qualifying projects. This means that local governments cannot regulate the height, beyond the highest approved within a mile; the density, beyond the highest approved in the jurisdiction; and the use of qualifying projects. Qualifying projects must be administratively approved with no public hearing. For example, if a jurisdiction does not allow multifamily in a commercial zoning district, the Live Local Act requires administrative approval of a multifamily project in a commercial zoning district without the need for rezoning provided it is a qualifying project. Further, if that same jurisdiction had a height limit of 35 feet in the commercial district, but a nearby zoning district had a height limit of 100 feet, then, depending on the distance, the proposed project could be built to 100 feet.
- The 2024 Act added additional preemption of local floor area ratio standards, allowing developers to use up to 150% of the maximum floor area allowed within a particular jurisdiction.
- The 2024 Act also affirmed the 1-mile radius pertaining to height increases allowed by the 2023 Act while limiting it to150% of the tallest adjacent building or three stories, whichever is higher for developments that are adjacent to at least two single-family home developments.
- The 2024 Act expanded qualifying projects to include those with “for sale” units.
Both Acts also provide a number of significant tax exemptions for qualifying projects to encourage development of affordable housing.
Contact Woodward, Pires & Lombardo, P.A. Today
To discuss how the Live Local Act can impact you, contact us today via phone or email to schedule a consultation. Attorneys Tony Pires, Lenore Brakefield and Zach Lombardo are ready to help.