FL State Legislature Amends Land Use Provisions in the Live Local Act

The Florida Legislature recently passed Senate Bill 328, amending the Live Local Act (Amended Act), which came into effect upon enactment. Below you'll find an outline of the changes in the Amended Act and their potential impact on land use and zoning entitlements.

Favorable Provisions for Grandfathered Applicants

Certain favorable provisions in the Amended Act remain available to applicants for proposed developments that were submitted before the enactment of the new law. Developers have the option to choose between the 2023 provisions or the new provisions in the Amended Act for their projects.

Land Use and Zoning Changes

The Amended Act introduces significant changes in land use and zoning regulations. One notable change is regarding mixed-use or multifamily residential projects. If at least 40 percent of the residential units meet affordability criteria, local governments must administratively approve the development.

Threshold Requirement

Projects meeting the Threshold Requirement cannot have their floor area ratio (FAR) restricted by local governments. Additionally, local authorities cannot limit the height, use, or density of such projects.

Height and Density Regulations

Once a multifamily project meets the Threshold Requirement, local governments must permit at least 150 percent of the highest currently allowed FAR. Height restrictions are also lifted, with a minimum of three stories allowed for proposed developments.

Exceptions to Height Determinations

New exceptions to height determinations are introduced, particularly for developments adjacent to single-family residential zones.

Parking Reduction Requirements

The Amended Act strengthens parking reduction requirements for qualifying developments, particularly near transit stops or major transportation hubs. It also allows for the elimination of parking requirements within transit-oriented developments.

Military Installations and Administrative Approvals

Development within one-quarter mile of a military installation cannot be approved administratively. Local governments must publish their policies for administrative approval of qualifying developments.

The Amended Act brings significant changes to land use and zoning regulations in Florida, affecting various aspects of development projects. Developers and local authorities should familiarize themselves with these amendments to ensure compliance and efficient project approval processes. For further assistance or inquiries about the new requirements, readers are encouraged to contact the authors.