USA – FLORIDA Trends and Developments Contributed by: Jeffrey Bercow, Ben J. Fernandez, Michael W. Larkin and Melissa Tapanes Llahues, Bercow Radell Fernandez Larkin & Tapanes
The Live Local Act in Practice: Opportunities and Consequences for Developers In a market defined by rapid growth, rising costs and mounting pressure to deliver attainable housing, Florida’s Live Local Act (the “LLA” or the “Act”) has emerged as one of the most consequential and closely watched land use laws in the state. For developers, it offers something unique: a statutory pathway to over - ride certain local zoning constraints in exchange for providing affordable housing. On paper, the promise is straightforward – greater density, streamlined approvals and enhanced project feasibility. In practice, however, the implementation of the LLA has been anything but uniform. Across Flor - ida, and particularly in South Florida’s high-demand cities and counties, developers are encountering a patchwork of differing interpretations, evolving admin - istrative processes and increasing legal scrutiny. Compounding this dynamic, the Florida Legislature has amended the LLA each year since its enactment in 2023. The most recent iteration, House Bill 1389 (the “2026 Amendments”), has been approved by the legislature and is pending ratification by Florida’s Gov - ernor. If enacted, the amendments will take effect on 1 July 2026, further expanding the scope of the law while clarifying key areas of uncertainty. Against this backdrop, the LLA represents both a sig - nificant opportunity and a source of complexity. This article examines how the Act is functioning in prac - tice, with a focus on municipal responses, approval timelines, legal risk, deal structuring and the practical implications of the 2026 Amendments. The Live Local Act The LLA is rooted in a clear policy objective: to increase the supply of affordable housing by reduc - ing local regulatory barriers. At a high level, the statute allows qualifying multifamily and mixed-use residential developments to: • bypass certain local zoning restrictions; • achieve increased density, height, and floor area ratio; and
• obtain administrative approvals and avoid conten - tious public hearings. In exchange, developers must dedicate a minimum of 40% of the total number of residential units to afford - able housing, subject to statutory affordability thresh - olds for a period of at least 30 years. The law applies broadly to properties located in areas zoned for commercial, industrial or mixed use, reflect - ing an intentional public policy to activate underuti - lised commercial areas into residential development. While the statutory framework is conceptually straight - forward, its implementation has revealed a fundamen - tal tension: the balance between state-mandated housing policy and local control over land use. The 2026 Amendments: expansion, clarification and new constraints The 2026 Amendments represent a significant evolu - tion of the LLA, expanding eligibility while clarifying key provisions that have been the subject of uncer - tainty. One of the most impactful changes is the expansion of properties eligible for development under the LLA. Newly eligible properties include the following. • Land owned by local governments and school districts – development is permitted where the public entity is an applicant or co-applicant and the property lies within its area of jurisdiction. • Religious institution-owned property may qualify where: (a) the site exceeds three acres; (b) a house of worship has operated continuously for at least ten years; (c) the religious use remains active post-develop - ment; and (d) the institution participates in the application. • Projects located near airports – may now proceed if approved by the governing body of the airport. These provisions are expected to unlock underutilised land in urban infill locations, particularly in areas where large tracts are otherwise difficult to assemble.
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