Florida HB 1389 (2026): The Latest Evolution of the Live Local Act
Florida continues to refine its approach to addressing the state’s housing affordability challenges. On June 26, 2026, the Governor signed House Bill 1389 (2026), the latest revision to the Live Local Act, into law, and it will take effect on July 1, 2026. With the passage of House Bill 1389, lawmakers have expanded and strengthened key provisions of the Act, further limiting local barriers to affordable housing development while enhancing incentives for developers and property owners.
Key Provisions of the Bill
House Bill 1389 is the latest chapter in Florida’s ongoing effort to increase housing supply and affordability statewide. The new legislation broadens the types of properties eligible for Live Local Act benefits. Notably, qualifying affordable housing projects may now be permitted on certain properties owned by counties, municipalities, school districts, and qualifying religious institutions, regardless of underlying zoning classifications. This change is expected to open additional land opportunities for workforce and attainable housing throughout Florida.
HB 1389 also strengthens the Act’s zoning preemptions. Local governments are prohibited from using dimensional standards such as more restrictive setbacks or stepbacks than the minimum permitted in the proposed development to indirectly limit building height on qualifying Live Local developments. The Act extends certain parcel-assemblage language for multi-family or mixed-use residential developments on parcels under common ownership or control separated by no more than 15-feet of land and limited to public pedestrian access, through July 1, 2030. The legislation reinforces the state’s goal of providing developers with greater certainty during the entitlement process.
On the tax side, HB 1389 enhances the affordable housing property tax exemption framework. The bill establishes additional protections for projects seeking the “missing middle” tax exemption and makes it more difficult for local taxing authorities to opt out of certain exemptions by requiring evidence of an affordable housing surplus for three consecutive years rather than one.
The bill also amends the Florida Fair Housing Act by expressly waiving sovereign immunity for local governments allowing affordable housing developers to bring suit for a violation under the Act. Locationally, the bill allows for Live Local projects to be near airports if the governing body of the airport approves the application.
However, the bill also expands the list of areas exempt from the preemptions under the Act, which include: areas of state critical concern; portions of property encumbered by a recorded conservation easement; and areas intended to retain the “open character of land,” including open space and open use estate zoning districts.
Applicants have the option to proceed under the 2025 Live Local Act or the 2026 Live Local Act if the application, written request, or notice of intent was submitted and received by the local government prior to the effective date of the 2026 Live Local Act (July 1, 2026).
Background: Live Local Act’s Revisions Over the Years
The original version of the Live Local Act (SB 102 (2023)) was signed into law by the Governor on March 29, 2023. Several provisions of the Act were refined further in the 2024 and 2025 Legislative Sessions under Senate Bills 328 and 1730, respectively. The Act is designed to increase the availability of affordable housing opportunities for Florida’s workforce, and included funding appropriated for affordable and workforce housing initiatives, downpayment assistance, and tax credit programs. Local jurisdictions also became preempted on certain land use and zoning decisions regarding affordable housing. Cities and counties could no longer enact rent control measures, and administrative approval (without public hearings) must be granted for multi-family and mixed-use developments in commercial, mixed-use, and industrial zoning districts if at least 40% of the residential dwelling units in the proposed development are affordable, as defined in Section 420.0004, Florida Statutes, for a period of at least 30 years. For mixed-use projects, at least 65% of the total square footage must be used for residential purposes and a local government may not require that more than 10% of the total square footage be used for nonresidential purposes.
Takeaways
As the Live Local Act continues to evolve, stakeholders should carefully evaluate how these new provisions may affect development opportunities and regulatory strategies in their communities.
Katie Berkey, Esq., AICP, is a Board Certified Specialist in City, County and Local Government Law and a certified Professional Planner by the American Institute of Certified Planners (AICP); she is also a shareholder with Becker & Poliakoff. Katie represents clients in zoning, land use and planning matters. If you want to know more about what options may be available for your current or future redevelopment in light of the Act, or as a neighbor to a property ripe for redevelopment under the Act, please do not hesitate to contact Katie.
