Florida lawmakers push for fixes to a signature law on affordable housing
In response to criticisms and concerns raised by local officials, Florida state lawmakers are advocating for adjustments to the “Live Local Act,” a signature law aimed at addressing the state’s affordable housing crisis. The legislation, championed by Senate President Kathleen Passidomo, secured a $711 million budget during the 2023 legislative session and went into effect in July. However, feedback and complaints about various aspects of the law have prompted lawmakers to consider modifications.
The Live Local Act, enacted in 2023, primarily offers tax breaks to developers undertaking multifamily and mixed-use residential projects with a minimum of 70 units. To qualify for tax breaks, these properties must be located in areas zoned for commercial, industrial, or mixed-use, with at least 40% of the units dedicated to affordable housing for a period of 30 years.
However, concerns have emerged from certain localities, including Pasco County just north of Tampa, where officials argued that the law had negative implications for their long-term efforts to attract businesses. In response to these concerns, the new bill for 2024 seeks to exclude industrial properties from the areas eligible for tax breaks, thereby addressing some of the critiques.
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David Goldstein, the chief assistant county attorney in Pasco, expressed appreciation for the 2024 legislation during testimony before the Senate Community Affairs Committee. However, he highlighted ongoing concerns related to commercial sites in Pasco County, emphasizing the need to balance residential and commercial development to create a vibrant local economy.
The Live Local Act, conceived as a solution to the state’s affordable housing challenges, also aimed to benefit the “missing middle” – households earning between 80% and 120% of the area median income. However, Goldstein brought attention to instances where developers were leveraging tax breaks to offer rental homes at market rates, rather than providing genuinely affordable housing.
One significant change proposed in the 2024 bill is the removal of industrial properties from the eligible areas for tax breaks. This adjustment aims to address concerns raised by local officials and align the law more closely with the original intent of increasing the workforce inventory and fostering affordable housing.
Additionally, the bill includes several other proposed changes to the 2023 Live Local Act:
- Floor Area Ratio (FAR): A county may not restrict the floor area ratio of a Live Local development below the highest currently allowed FAR in the jurisdiction where residential development is permitted under the county’s land development regulations.
- Height Entitlements: Amendments to height entitlements for Live Local projects, reducing the distance from 1 mile to one-quarter mile. A proposed development will be entitled to the highest currently allowed height within one-quarter mile or three stories, whichever is higher.
- Height Restrictions: If the height of each building on property adjacent to the proposed development is three stories or less, the county may restrict the height of the proposed development to 135 percent of the tallest building on adjacent property or three stories, whichever is higher.
The bill passed unanimously in the committee and is now set to move to the Fiscal Policy Committee before reaching the Senate floor. Its counterpart in the House (HB 1239), filed by Miami-Dade County Republican Vicki Lopez, is awaiting assignment to committees. Lawmakers are navigating the complexities of affordable housing legislation, seeking to strike a balance between incentivizing development and addressing community-specific concerns.
