Florida’s real estate market is experiencing significant growth, leading to a heightened demand for housing. In response to the critical need for more affordable and workforce housing, Governor Ron DeSantis has signed SB 102, now known as the Live Local Act. This legislation aims to simplify and expedite the approval process for affordable housing projects, impacting zoning laws and local government authority.
Key Takeaways
- The Live Local Act simplifies the approval process for affordable housing projects.
- It allows affordable housing to be built in commercially or industrially zoned areas.
- Developers must meet specific affordability and unit percentage requirements.
- The act aims to increase the availability of affordable housing across Florida.
Understanding Affordable Housing in Florida
Florida Statute 420.0004 defines affordable housing as residences that do not exceed 30% of an individual’s annual income. The state categorizes affordable housing into four income levels: extremely low income, very low income, low income, and moderate income. These categories are based on the percentage of median annual adjusted gross income that monthly rent should not exceed.
Expansion of Funding and Development Opportunities
The Live Local Act introduces significant changes for developers. Local governments can now approve affordable housing as part of mixed-use residential developments in areas zoned for commercial or industrial use, provided at least 10% of the units are designated as affordable. Previously, developers receiving funding under SAIL were exempt from this provision, but SB 102 removes this exemption, potentially expanding funding resources for projects.
Administrative Approval for Affordable Housing Projects
Under the new law, counties and municipalities must administratively approve multifamily or mixed-use residential developments if they meet specific criteria outlined in SB 102. This means developers can bypass lengthy processes like rezoning, special exceptions, conditional use permits, variances, or comprehensive plan amendments. However, these administrative approvals do not apply to properties designated as recreational and commercial working waterfronts.
To qualify for this streamlined approval, residential projects must dedicate at least 40% of their units to affordability, with these units remaining affordable for 30 years. The development must be situated on land zoned for commercial, industrial, or mixed-use. For mixed-use developments, 65% of the space must be residential. If these requirements are met, projects can receive expedited government approval. Local governments cannot restrict the number of units below zoning allowances or limit building height to less than the tallest allowed for commercial or residential development within a mile or three stories, whichever is greater.
A key distinction exists for municipalities with less than 20% of their land zoned for commercial or industrial use; in such cases, multifamily development must be mixed-use residential. All projects, regardless of the new law, must still comply with Land Development Code requirements like setbacks and parking, and remain consistent with the comprehensive plan.