On March 29, 2023, the Governor signed the “Live Local Act” (SB 102) into law. The Act is designed to increase the availability of affordable housing opportunities for Florida’s workforce, and includes funding appropriated for affordable and workforce housing initiatives, downpayment assistance, and tax credit programs. Local jurisdictions are also now preempted on certain land use and zoning decisions regarding affordable housing. Cities and counties can 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. The Act took effect on July 1, 2023, and is currently set to expire on October 1, 2033.
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; she is also a shareholder with Becker & Poliakoff. Katie represents clients in zoning, land use and planning matters. She serves on the board of directors for Keep Lee County Beautiful, is a member of the Urban Land Institute (ULI) of Southwest Florida Management Committee and ULI’s Women’s Leadership Initiative steering committee and serves on the Mothers Esquire Breastfeeding Accommodations Committee. If you want to know more about what options may be available for your current or future development in light of the “Live Local Act,” please do not hesitate to contact Katie.