USA – FLORIDA Trends and Developments Contributed by: Jeffrey Bercow, Ben J. Fernandez, Michael W. Larkin and Melissa Tapanes Llahues, Bercow Radell Fernandez Larkin & Tapanes
Looking ahead The Legislature has signalled that the LLA is part of a broader and evolving policy framework. The 2026 Amendments direct further study of: • tiny home development as a housing solution; and • alternative financing mechanisms to support affordable housing. These initiatives suggest that additional legislative refinements are likely, reinforcing the need for devel - opers to continue to monitor the evolution of the Act and remain ready to pivot to access new opportunities and comply with new limitations. Conclusion: a strategic opportunity requiring precision The LLA has fundamentally altered the development landscape in Florida, offering a powerful mecha - nism to address housing demand while creating new opportunities for developers. At the same time, its implementation has introduced complexity. Variability among different cities and coun - ties, evolving administrative practices and emerging legal challenges all require careful navigation. Developers who approach the LLA with a strategy that is informed by a clear understanding of the statute and its local implementation will be best positioned to succeed. Early planning, thoughtful deal structuring and proactive engagement with local government are now essential. As the law continues to evolve, practitioners with deep experience in land use, zoning and local government processes play a critical role in translating legislative intent into successful development outcomes. Our firm has been actively involved in advising on some of the earliest LLA projects in South Florida, working closely with developers, municipalities and stakehold - ers to navigate the Act’s complexities and implement its provisions in real-world contexts. Through this work, we continue to assist clients in leveraging the Act’s incentives while managing risk in an increasingly dynamic regulatory environment.
48-story residential tower incorporating affordable housing consistent with the LLA. The development is among the first in the City of Miami to fully leverage the Act’s expanded height and density allowances. By unifying multiple parcels into a single development site and co-ordinating the release of legacy infrastructure constraints, the project demonstrates how LLA entitlements can be used to facilitate the successful redevelopment of large-scale urban infill areas. The project also reflects a key theme emerging under the Act: the need to balance state-granted devel - opment rights with the local urban fabric. Through thoughtful design and planning, the development integrates architectural elements that align with Wyn - wood’s industrial and artistic character while advanc - ing broader state and local housing objectives. In another example, a developer is pursuing a major mixed-use residential project east of I-95, utilising the LLA to deliver approximately 1,300 residential units alongside commercial space and structured parking. The project illustrates the Act’s potential to enable high-density, transit-accessible development in areas historically limited to commercial uses. By leveraging statutory incentives, the development aligns increased scale with the provision of affordable housing, sup - porting both local economic development and hous - ing supply goals. These and similar projects highlight several practical lessons: • the LLA can support significant increases in scale and intensity where properly applied; • assemblage strategies are often critical to unlock - ing development potential; • co-ordination with local governments and infra - structure providers remains essential; and • design considerations continue to play an impor - tant role in navigating local review. As more projects move from concept to construction, these early examples are likely to shape both market expectations and municipal responses.
773 CHAMBERS.COM
Powered by FlippingBook