What You Need to Know About the Live Local Act

On February 28, 2024, the Florida Legislature passed Senate Bill 328 and the governor signed the bill into law on May 16. This bill strengthens Florida’s Live Local Act (LLA), which was originally adopted in 2023 and aims to further promote mixed-income housing development across the state. New amendments were added to further bolster workforce housing development by funding affordable housing programs, introducing ad valorem tax rebates, and overriding local zoning ordinances to increase development capacity for mixed-income multi-family projects.

Read on for more about what the Live Local Act means for investors and developers in Miami and throughout Florida, and contact us at Seacoast Construction to ask your questions or learn more about how we can represent you in your next development project.

Key Provisions in the Amended Live Local Act

Florida’s Live Local Act mandates that at least 40 percent of all units in qualifying projects be affordable for households earning up to 120 percent of the area median income (AMI).

Key changes of the Act include restrictions on a local government’s ability to limit floor area ratio (FAR), clarifications on height and density bonuses, mandated parking reductions near transit, and modifications to maximum height allowances for developments adjacent to single-family residential areas.

Here are some specific amendments included in the Act:

  • Local governments cannot limit the floor area ratio (FAR) for qualified development projects.They must allow up to 150 percent of the maximum FAR permitted within the jurisdiction.

  • A local government must reduce parking requirements for qualifying developments by at least 20 percent if the development is located within a half mile of certain transportation facilities and has available parking within 600 feet.

  • Local governments may limit the maximum height allowance to address situations where a qualifying development is adjacent to single-family parcels.

  • Proposed developments located within a quarter mile of a military installation may not be administratively approved.

  • Zoning benefits are not permitted in airport-impacted areas, and the Act includes clear criteria for when preemption does not apply in these circumstances.

  • Local governments are required to publish clear procedures and expectations for the administrative approval of qualifying developments.

  • Only the affordable units within a development must be rental units.

The amended LLA also updates the ad valorem tax exemptions to incentivize the development of multifamily rental units. Additionally, it appropriates $100 million in non-recurring funds to administer the Florida Hometown Hero Program. This program provides down-payment assistance to first-time homebuyers in Florida who meet certain income thresholds.

If you are planning a mixed-use or multi-family development project in South Florida, connect with our teamat 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.

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