Florida Lawmakers Propose Amendments to Affordable Housing Law Limiting Project Heights

Florida legislators are proposing amendments to the recently enacted affordable housing law. Sen. Alexis Calatayud, backed by Rep. Vicki Lopez, has introduced Senate Bill 328, aiming to eliminate ambiguity in the state's authority overruling local zoning laws and imposing restrictions on project heights. This initiative follows the enactment of the Live Local Act in March, a law initially sponsored by Calatayud and Lopez.

Removing Local Restrictions on Floor Area Ratio

In an effort to streamline development, the proposed changes seek to prohibit counties and local municipalities from limiting floor area ratios (FAR). The inspiration for this adjustment comes from cities like Miami Beach, attempting to impose constraints on Live Local projects within allowable FAR limits. If passed, developers would gain the flexibility to construct up to the highest currently permitted floor area ratio within the respective county.

Balancing Project Heights with Existing Structures

Additionally, the bills aim to curtail the height of Live Local projects by restricting them to the height of nearby structures within a quarter-mile radius. This is a departure from the existing law, which permits developers to proceed with projects as tall as the existing structures within a one-mile radius. These adjustments intend to strike a balance between encouraging development and respecting the existing urban landscape.

Focusing on Workforce Housing

Governor Ron DeSantis, eyeing the Republican presidential nomination, signed the Live Local Act into law, foreseeing a boost in workforce housing. The legislation incentivizes developers by granting greater height and density allowances if they allocate 40 percent of housing units to individuals earning up to 120 percent of the area's median income. The law not only supersedes local regulations but also allocates over $700 million in funding, offers tax incentives, and prohibits rent control.

Challenges in Local Development Regulations

Cities like Miami Beach face challenges as they grapple with the implications of the Live Local Act. For instance, the redevelopment plans for the Clevelander and Essex House hotels in Ocean Drive clash with local land development regulations, particularly FAR rules. In response, developers and local governments are navigating compromises and adjustments to adhere to the evolving legal landscape, exemplified by the six-month moratorium in the city of Doral and subsequent compromises with the Apollo Companies on the Oasis at Doral project.