The third time may be a charm for a legislative measure designed to expand affordable housing in Florida.
Gov. Ron DeSantis signed the updated Live Local Act this month after it was approved by the House and Senate. The Senate bill (SB 962) was sponsored by Fleming Island Republican Sen. Jennifer Bradley, and the House companion (HB 837) was sponsored by Coral Gables Republican Rep. Demi Busatta.
The law isn’t entirely new. It’s the third time the Live Local Act has been revised since it was originally approved three years ago. The measure will allow more dwelling unit types, limit local restrictions and protect financial sources for buying homes.
While the Live Local Act seeks to bolster affordable residential housing, the latest revision would “exclude farms and farm operations” from the land-use categories eligible for its development preemptions.
The original iteration of the law fell under criticism from watchdog groups such as Florida TaxWatch for falling short on “missing middle” renters — households that earn too much to qualify for affordable housing subsidies, but not enough to comfortably pay market rents in their area.
The TaxWatch report on the Live Local Act, published in August, urged legislators to revisit the measure and update it again, which they did.
The law requires cities and counties to allow apartment buildings or mixed-use housing projects in many areas currently zoned for commercial or industrial use, if at least 40% of the units are set aside as affordable housing for 30 years. That can also apply to land owned by local governments, school districts or large religious institutions.
The law also limits how much local governments can restrict the height or design of these developments, making it harder for cities and counties to block them through zoning rules.
The original intent of the measure, approved in 2023, was to spur construction of affordable and workforce housing across Florida through funding, tax incentives and zoning preemptions.
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