The Live Local Act (LLA), more formally known as Senate Bill 102, was first signed into law in March 2023. Amended and passed by the Florida Legislature as Senate Bill 328 in February 2024, the LLA represents a significant shift in housing policy across the state, particularly with its emphasis on preemption. For developers working in Broward County, this preemption clause means state regulations will override local zoning laws under certain conditions.

Here’s an overview of how preemption under the Live Local Act impacts housing development in Broward County, and what developers need to know as they begin their next projects. If you have questions about the LLA, don’t hesitate to contact us at Seacoast Consulting Group.

Preemption and What the LLA Means for Housing Projects in Broward County

Under the LLA, state law now preempts certain local zoning and regulatory ordinances that previously governed housing developments. This means that for qualifying projects, state guidelines related to zoning, density, height, etc. take precedence over Broward County and local city codes if they conflict.

Through preemption, the Act aims to streamline affordable and mixed-income housing development by standardizing certain requirements that were previously handled by each municipality individually. Examples of standardized regulations include:

• Increased density for workforce and affordable housing – The LLA allows developers to build mixed-income multifamily projects with increased density if at least 40% of units are designated as affordable housing for residents earning up to 120% of the Area Median Income (AMI).

• Changes to parking, FAR and height adjustments – New provisions reduce a local government’s parking requirements if the development is located within a half mile of certain transportation facilities and has available parking within 600 feet. The Act also provides adjustments to floor area ratio (FAR) requirements and building height provisions to allow increased height in appropriate areas.

• Streamlined approvals – One of the most impactful aspects of the LLA is that with state preemption, projects meeting the LLA’s criteria generally face fewer regulatory roadblocks at the local level, which can reduce delays and speed up the overall approval process.

The Live Local Act provides new opportunities for developers focused on workforce and mixed-income housing as it enables them to pursue projects in previously underdeveloped or restrictive areas.

If you are planning a mixed-use or multi-family development project in Broward County, connect with our team at Seacoast Consulting Group. We’ve completed numerous multi-family projects in our 25+ years in the construction industry and are here to represent you through the process. Our local experience and expansive network mean we can help you build an exceptional project and construction team. We are well-connected to commercial realtors, land-use attorneys, architects, and many other key players you’ll need to see your project through to successful completion. Contact us today to schedule a free consultation.