Florida Gov. Ron DeSantis recently signed the “Live Local Act of 2024,” also known as the “Enhancement Bill,” into law, amending the original Live Local Act from 2023. This comprehensive statewide workforce housing bill aims to address the pressing issue of affordable housing accessibility for Florida’s workforce. The Live Local Act seeks to increase the availability of affordable housing opportunities, particularly for those who wish to reside within the communities they serve.

The Live Local Act represents a crucial step forward in addressing Florida’s housing challenges. Building on the foundation of the original act, this legislation aims to provide tangible solutions to the growing need for affordable housing options. It offers incentives for developers to prioritize workforce housing projects.

Since the original act was introduced in 2023, several provisions have been sources of contention or confusion. However, amendments made in the Enhancement Bill, or Live Local Act of 2024, bring additional clarity and address a range of key issues. These include development intensity preemption, building height and community character, approval processes, and parking and transit-oriented developments. The Live Local Act of 2024 also addresses development applications submitted to local governments prior to the updated version taking effect, clarifying incentives such as additional bonus square footage and other development benefits.

Additionally, the Enhancement Bill or Live Local Act of 2024, clarifies that the 40% affordable component of any multi-family or mixed-use multi-family project authorized under the act must be rental. For mixed-use development projects, at least 65% of the total square footage must be used for residential purposes. Other clarifications include the definition of affordability, preemption, floor area ratio, and the establishment of a separation of powers between local governments and state preemption.

Regarding preemption and the power of local governments, the act provides for an administrative review of projects while retaining regulatory power over parking and setbacks. There are also limitations concerning the location of developments near military bases and situations where a municipality may have little to no commercial or mixed-use areas due to its highly residential nature. Practical considerations for each municipality should also be evaluated on a case-by-case basis, requiring collaboration with local municipalities and other agencies to seek the maximum incentives while pursuing project completion.

Developers interested in pursuing projects under the Live Local Act should be aware of the recent amendments and proceed accordingly. The following steps offer a strategic guide for developers:

• Determine whether a site is eligible under the Live Local Act of 2024.
• Conduct an analysis of the maximum development capacity for the project.
• Review the procedures for filing applications under the act (the act requires each municipality to establish procedures for filing under the act and to maintain them on the municipality’s website).
• Meet with municipal staff regarding project.
• Determine all incentives for the project that the act and law provide.
• Meet with local organizations, associations and elected leaders (if necessary).

By following these steps and remaining proactive in navigating the complexities of the Live Local Act and its amendments, developers can position themselves for success in contributing to the creation of more affordable housing options for Florida’s workforce. The Live Local Act of 2024 not only addresses immediate housing needs but also sets a precedent for future housing policies aimed at fostering sustainable and inclusive communities.

As Florida continues to grow, the collaboration between state legislation, local governments, and developers will be crucial in ensuring that affordable housing remains accessible to all members of the workforce. Developers and stakeholders are encouraged to engage actively with municipal authorities and community organizations to maximize the benefits of this legislation.

Reprinted with permission from Daily Business Review, © ALM Media Properties LLC. All rights reserved.