Live Local “cheat sheet”
Funding & property tax incentives
• Record amount of funding for affordable housing programs – SHIP and SAIL fully funded
• Missing middle property tax exemption - (s. 196.1978(3)
• Nonprofit land exemption for affordable housing - s. 196.1978(1)(b)
• Local option property tax exemption - s. 196.1979
Land use tools
• Mandate for AH in commercial, industrial, and mixed-use zones (ss. 125.01055(7)/166.04151(7)
• Optional land use tool (ss. 125.01055(6)/166.04151(6)
Publicly owned land
• Identifying public land “appropriate” for affordable housing (ss. 125.379/166.0451)
• Using public land for permanently/long-term public good
Other innovative housing solutions
• Zoning reforms to allow more homes by-right
• Local incentive programs
• Guided growth
• Innovative building techniques
Land use mandate –Affordable
housing in commercial, industrial, and mixed-use areas
Mandate contains certain use, density, height, floor area ratio, administrative approval, parking, and other standards for affordable housing developments if a proposed development meets the following criteria:
• Multifamily or mixed-use residential in any area zoned for commercial, industrial, or mixed use
• At least 40% of units are affordable rentals for households up to 120% AMI for at least 30 years
• If mixed-use, at least 65% of the total square footage must be residential
Local government cannot require a development authorized under this preemption to obtain a zoning/land use change, special exception, conditional use approval, variance, or comp plan amendment for use, density, floor area ratio, or height.
LLA Land Use Mandate entitlement summary
Use
• Multifamily or mixed-use areas zoned for commercial, industrial, or mixed-use without zoning or land use change
Density
Height
• Highest currently allowed density on any land in City or County where residential development is allowed
• Highest currently allowed height for a commercial or residential development within 1 mile of the proposed development or 3 stories, whichever is higher
• Exception – if proposal is on two or more sides adjacent to SF zoned property within SF home development w/ at least 25 contiguous SF homes, local gov’t. may limit height to the highest of the following:
•150% of tallest building adjacent to development
•Highest currently allowed height for the property based on LDRs
•3 stories
LLA Land Use Mandate entitlement summary
Floor Area
Ratio
Parking
• 150% of the highest currently allowed floor area ratio in the jurisdiction where development is allowed under the jurisdiction’s LDRs
Admin.
Approval
• Reduction of at least 20% if proposal is 1) within ½ mile of a “major transportation hub”; and 2) has available parking within 600 feet
• Elimination of parking requirements if proposal within an area recognized by the jurisdiction as a transit-oriented development or area
• LG must “consider” reducing parking if project within ¼ mile of a transit stop as defined by the local code
• Proposal must be administratively approved if proposal satisfies the LDRs and is otherwise consistent with the comp plan excepting density, floor area ratio, height, and use.
• Local govt must post expectations for admin approval on its website.
• If proposal also qualifies for a local entitlement bonus, bonus must be provided administratively.
LLA Land Use Mandate entitlement summary
Exceptions
• Parcels within a certain proximity to an airport runway.
• Admin approval not allowed for parcels within ¼ mile of a military installation as defined in in s. 163.3175(2).
Was Live Local a one-time thing?
Or did it mark a new era in how the state legislature approaches housing policy?
Some
of the affordable
housing-related
bills filed as of 2/25/25
HB 923: Housing (Lopez, V.)*
HB 943: Real Property and Land Use and Development (Lopez, V.)*
SB 184/HB 247: Affordable Housing (Gaetz/Conerly)
HB 701: Local Housing Assistance Plans (Stark)
HB 411/SB 488: Affordable Property Ad Valorem Tax Exemption for Leased Land
HB 365/SB 382: Rent of Affordable Housing Dwelling Units
HB 401/SB 634: Residential Land Use Regulations
HB 579: Development Permits and Orders
HB 393/SB 592: My Safe Florida Condominium Pilot Program
HB 853: Home Hardening
SB 948: Real Property and Condominium Flood Disclosures
SB 140/HB 123: Education
House Bill 923: Housing (Lopez, V.)
• Widely expected to be this session’s vehicle for tax policies related to affordable housing
• Amends several existing affordable housing property tax exemptions at s. 196.1978
• Extends the affordable housing property tax exemption for property owned by nonprofits to also include property owned by governmental entities
• Extends the nonprofit land exemption passed in Live Local to include property owned by governmental entities
• Amends the “Multifamily Middle Market” Property Tax exemption from the Live Local Act
• Expands eligibility from multifamily developments with 71+ affordable units to multifamily projects with only at least 1 affordable unit
• Creates new pre-approval process
• Makes it more difficult for taxing authorities to opt out of the 80-120% AMI exemption
• Amends the local option property tax exemption at s. 196.1979
• Expands the use of the infrastructure surtax for affordable housing purposes
House Bill 943: Real Property and Land Use and Development (Lopez, V.)
• Widely expected to be this session’s vehicle for land use polices related to affordable housing
• Yes-in-God’s-Backyard (YIGBY) Reforms – requiring local governments to allow religious institutions to build affordable housing on their land without needing a zoning/land use change
• Lots of amendments to the LLA land use mandate for AH in commercial, industrial, and mixed-use areas, including:
• Newly defines “commercial use,” “industrial use,” “planned unit development”, “areas zoned for mixed use”
• Expands application to any sites owned by a city or county, a district school board, religious institution as defined in s. 170.201(2), any planned unit development with commercial, industrial, and mixed-use allowances, and any zoning district not zoned solely for use as a single-family home or duplex.
• Prevents local governments from directly or indirectly limiting the density, height, FAR, maximum lot size allowed by statute
House Bill
943: Real
Property and Land Use and Development (Lopez, V.)
• More amendments to the LLA land use mandate:
• Newly prevents local governments from directly or indirectly restricting the maximum lot size of a proposal below the max lot size allowed in the jurisdiction where MF and MU is allowed
• Requires local governments to reduce parking by at least 20% for LLA projects or 100% for structures that are 20,000 sq feet or less
• Requires local governments to post on its website a zoning map and zoning regulations in effect on 7/1/23
• Requires annual reporting to the state about the LLA land use tool
• Establishes a cause of action for property owners to sue local governments for violating the terms in the statute and requires expedited review
• Prohibits building moratoriums that impact affordable housing development
• Legalizes ADUs in all areas zoned for single-family housing, adds reporting requirements for ADUs, and ensures that homestead status is not lost if a homeowner rents an ADU
House Bill 943: Real Property and Land Use and Development (Lopez,
V.)
• Amends the FL Fair Housing Act to prohibit local governments from discriminating against affordable housing developments when making land use and permitting decisions – also waives sovereign immunity for cities and counties under this provision.
• Reduces impact fees by 20% for affordable housing developments authorized pursuant to s. 125.01055 or s. 166.04151.
• Prevents optional elements in a local government’s comprehensive plan from restricting the density or intensity established in the jurisdiction’s future land use element.
• Deems all residential land use categories to be compatible with each other in the Community Planning Act.
• Provides that any increase in height or FAR must be approved only by a simple majority vote of the city or county commission (not a supermajority vote).
• Creates an expedited foreclosure proceeding for abandoned real property.
• Requires school districts to use surplus land for affordable housing.
What’s next for state housing policy?
What is going to be Florida’s balance between state housing mandates and local action?
Source: Mercatus Center - Laying Foundations: Momentum Continues for Housing Supply Reforms in 2024