Senate panel primes third Live Local Act update for full floor vote

A third update to the Live Local Act aimed at expanding where counties and cities must allow multifamily or mixed-use housing developments with affordable units is now prepped for a Senate floor vote.

The measure (SB 1548) — sponsored by Miami Republican Sen. Alexis Calatayud, who also carried the original legislation three years ago — cleared its final Committee hurdle this week with uniform support and limited discussion.

“This particular iteration continues our commitment to increase the attainable housing stock across the state,” Calatayud said of her bill. “It strengthens fair housing protections, clarifying the prohibition against discrimination in land-use decisions involving affordable housing.”

SB 1548, a priority bill for Calatayud, would require localities to permit multifamily or mixed-use residential projects in more zoning categories. Local governments would have to permit such developments in areas zoned for commercial, industrial or mixed use, and on property owned by a county, municipality or School District, if at least 40% of the units are rental housing kept at affordable rates — no more than 30% of the income of households earning up to 120% of the Area Median Income — for at least 30 years.

The legislation would also limit local governments’ ability to block or delay these projects by prohibiting them from requiring zoning changes, variances, special exceptions, conditional uses or comprehensive plan amendments for qualifying developments.

It would restrict how local governments regulate building height, requiring them to allow structures of at least 3 stories or as high as the tallest nearby building within 1 mile, whichever is higher, with certain adjustments near single-family neighborhoods or historic districts.

Moreover, SB 1548 would prevent counties and municipalities from imposing setbacks or stepbacks more restrictive than those already required under the underlying zoning for the property. It would also bar local governments from indirectly limiting height through those dimensional standards.

The measure would revise statutory definitions of “commercial use” and “industrial use,” allow applicants with pending development proposals to revise them to reflect the bill’s changes and expand Florida’s housing discrimination law to cover land-use or permitting decisions involving affordable housing.

Lastly, the bill would waive the state’s sovereign immunity protections to allow lawsuits against government entities for discriminatory land-use or permitting decisions involving affordable housing developments.

Lawmakers passed the Live Local Act in 2023 to spur construction of affordable and workforce housing across Florida through funding, tax incentives and zoning preemptions. The law requires local governments to allow certain multifamily developments in commercial, industrial and mixed-use areas if at least 40% of units are set aside as affordable rentals for 30 years. Legislators have since amended the law twice to clarify rules and strengthen its housing development provisions.

The Senate Fiscal Policy Committee sent SB 1548 to the Senate floor Monday, two days before its lower-chamber companion (HB 1389) by Miami Republican Rep. Mike Redondo is scheduled to face a vote on the House floor.

SB 1548 and HB 1389 share core provisions preempting local governments on residential development of non-residential zones. But the House bill — which, unlike the Senate version, underwent multiple changes during the Committee process — goes further.

It would allow qualifying projects on some religious institution property, require local governments to permit accessory dwelling units in single-family areas under certain conditions, adjust property tax provisions for affordable housing and authorize incentives for donated land for military family housing.

The measure, which ran into Democratic pushback in its second and third Committee stops after being replaced by Committee substitutes, would also call for a state study of financing tools and the potential use of tiny homes to expand Florida’s affordable housing inventory.