In 2023, Florida took a significant step toward addressing its housing affordability crisis with the passage of the **Live Local Act** (Senate Bill 102), a comprehensive legislative package aimed at increasing the availability of affordable and workforce housing. In 2024, the Florida Legislature built upon this foundation with **Senate Bill 328 (SB 328)**, also known as the **Live Local Act 2024**, which introduced key amendments to refine and enhance the original framework. Signed into law by Governor Ron DeSantis on May 16, 2024, the updated legislation continues to reshape Florida’s housing landscape by offering zoning preemptions, tax incentives, and funding to spur the development of affordable housing. This article explores the key provisions of the Live Local Act 2024, its updates, and its potential impact on communities across the Sunshine State.
The Live Local Act, initially passed in 2023, is a statewide strategy designed to make housing more attainable for Florida’s workforce, particularly those with low to moderate incomes who wish to live in the communities where they work. The legislation addresses Florida’s growing housing affordability crisis, driven by high demand, limited supply, and rising costs, especially in urban areas like Miami, one of the nation’s least affordable cities. The Act provides a mix of funding, tax exemptions, and zoning reforms to encourage private developers to build affordable multifamily and mixed-use residential projects.
The 2024 amendments, enacted through SB 328, respond to feedback from local governments, developers, and communities about the original Act’s implementation. These updates clarify provisions, address concerns about local control, and introduce new incentives to further stimulate housing development.
The Live Local Act 2024 retains the core elements of the 2023 legislation while introducing refinements to improve its effectiveness. Below are the major provisions and updates:
The Act continues to preempt local zoning regulations for qualifying affordable housing projects, allowing developers to bypass certain restrictions on density, height, and land use. Specifically, local governments must authorize multifamily or mixed-use residential developments in areas zoned for commercial, industrial, or mixed-use if at least 40% of the residential units are affordable (rent-restricted for households earning up to 120% of the area median income, or AMI) for a minimum of 30 years.
2024 Updates:
- Floor Area Ratio (FAR) Preemption: SB 328 explicitly preempts local control over FAR, allowing qualifying projects to build up to 150% of the highest FAR permitted in the jurisdiction. This addresses concerns that some municipalities were using FAR limits to restrict Live Local projects.
- Height Restrictions Near Single-Family Areas: To balance community concerns, the Act now limits building heights for projects adjacent to single-family residential areas with at least 25 contiguous homes. In such cases, the height is capped at 150% of the tallest adjacent building, the highest allowed height for the property, or three stories, whichever is greater.
- Military Installation Exclusion: Qualifying developments within one-quarter mile of a military installation cannot be approved administratively, addressing national security concerns.
- Administrative Approvals: The Act mandates that qualifying projects, including those receiving local development bonuses for density or height, must be approved administratively without public hearings, streamlining the process and reducing approval timelines.
These zoning reforms enable developers to build denser, taller projects in non-residential zones, significantly expanding the potential for affordable housing development.
The Live Local Act offers tax benefits to incentivize affordable housing development, with clarifications and expansions in 2024.
- Ad Valorem Tax Exemptions: Developments with at least 70 units, where 40% are affordable for households earning up to 120% AMI, qualify for tax exemptions. Units serving households at 80% AMI or below receive a 100% exemption, while those serving 81–120% AMI qualify for a 75% exemption. These exemptions apply to the 2024 tax roll and require certification from the Florida Housing Finance Corporation (FHFC).
- Missing Middle Exemption in the Florida Keys: A new provision allows projects in the Florida Keys and Key West with 11 or more qualifying units (instead of 71) to access the Missing Middle Property Tax Exemption, recognizing the region’s unique housing challenges.
- Retroactive Clarifications: The 2024 amendments clarify that tax exemptions include the proportionate share of residential common areas and land, applying retroactively to January 1, 2024, for pending 2024 applications.
- Opt-Out Provision: A controversial addition in 2024 allows taxing authorities to opt out of the 75% Middle Market Tax Exemption with a two-thirds vote if the Shimberg Center for Housing Studies Annual Report shows a surplus of affordable units for 0–120% AMI. As of June 2024, 50 of Florida’s 67 counties are eligible to opt out, with at least three already doing so, raising concerns about reduced incentives in some areas.
The Live Local Act allocates significant funding to support affordable housing initiatives, with additional appropriations in 2024.
- Hometown Hero Program: The 2024 Act appropriates $100 million in nonrecurring funds to the Florida Housing Finance Corporation for the Florida Hometown Hero Program, which provides down payment assistance to first-time homebuyers meeting certain income thresholds.
- Statewide Funding: The original Act allocated up to $811 million for affordable housing programs, including the State Apartment Incentive Loan (SAIL) and State Housing Initiatives Partnership (SHIP) programs. While the 2024 amendments do not significantly alter this funding, they clarify FHFC’s authority to penalize developers for violations, ensuring program integrity.
To reduce development costs and promote sustainable urban planning, the Act includes parking-related provisions.
- Parking Reductions: Qualifying projects within one-half mile of a major transportation hub (e.g., bus, train, or light rail stations) with available parking within 600 feet must receive at least a 20% reduction in parking requirements.
- Transit-Oriented Development (TOD): Mixed-use residential projects within TOD areas have no parking requirements, encouraging development near transit hubs.
To address concerns about long-term compliance, the 2024 Act ensures that Live Local projects remain conforming uses after the 30-year affordability period expires. Developers with applications submitted before SB 328’s effective date can proceed under the 2023 Act’s provisions or submit revised applications to leverage the new rules.
The Live Local Act 2024 offers significant opportunities for developers, local governments, and residents. By streamlining approvals and providing financial incentives, the Act enables developers to build more affordable units in high-demand areas. For example, attorney Anthony De Yurre noted that a project in Miami was approved in under a month, a stark contrast to the typical one- to two-year timeline. The zoning preemptions also unlock new sites for development, as multifamily projects can now be built in commercial and industrial zones without rezoning.
For residents, the Act promises greater access to housing near workplaces, reducing commute times and fostering sustainable communities. The FHFC’s 2024 rent limits, reflecting a 10% increase in 120% AMI rents across major metropolitan areas, further support affordability.
However, challenges remain. Some local governments and communities have expressed concerns about the loss of local control over zoning, particularly in single-family neighborhoods. A report by LandTech suggests that the 2024 amendments may reduce available development sites by 22% in Florida’s five largest metropolitan areas due to new restrictions, such as the military installation exclusion and single-family adjacency rules. Additionally, the opt-out provision for tax exemptions could limit incentives in certain counties, potentially discouraging development
Critics, like former Senator Jeff Brandes, argue that the Act focuses too heavily on multifamily rentals and fails to address broader zoning and lot size issues that hinder single-family home construction. Brandes remarked, “Live Local should be retitled ‘Live in Apartments.’”
## Recent Developments and Future Outlook
In May 2025, the Florida Legislature passed **Senate Bill 1730**, further expanding the Live Local Act. This bill introduced clarifications to ensure consistent zoning interpretations, mandatory administrative approvals, and protections for historic buildings, addressing concerns in areas like Miami Beach. These updates reflect ongoing efforts to balance affordability goals with community preservation.
Looking ahead, the Live Local Act is set to expire on October 1, 2033, unless extended by the Legislature. Its success will depend on effective implementation, collaboration between developers and local governments, and addressing unintended consequences, such as the potential reduction in developable sites. The Florida Housing Coalition and other organizations continue to provide technical assistance to help municipalities and developers navigate the Act’s complexities.
The Live Local Act 2024 represents a bold and multifaceted approach to tackling Florida’s housing affordability crisis. By combining zoning reforms, tax incentives, and substantial funding, the legislation empowers developers to build more affordable housing while offering residents greater opportunities to live in the communities they serve. While challenges and criticisms persist, the Act’s enhancements in 2024 demonstrate Florida’s commitment to refining its housing strategy. As the state continues to grow, the Live Local Act will play a critical role in shaping a more inclusive and sustainable future for Floridians.
For more information on the Live Local Act and its programs, visit the Florida Housing Finance Corporation website. Developers and stakeholders are encouraged to consult with land use attorneys and municipal staff to maximize the Act’s benefits and ensure compliance.
