Understanding the Live Local Act
The Live Local Act was developed in response to the Lodging crisis throughout the State of Florida and the fact that most cities are not voluntarily coming up with incentive for affordable housing.
Having a real plan for affordable housing could reduce our traffic issue, help our retail/local businesses to have a more stable year-round clientele and help existing business with staffing.
The live local act was originally approved by the Florida Legislature in 2023 (SB 102) and has subsequently been amended (2024 SB 328 & 2025 SB 1730). It applies statewide to all cities and counties, except the Everglades Protection Area and Wekiva Study Area.
The law provides zoning incentives for projects where 40% of the units are reserved for affordable housing in any commercial, mixed-use, zoning districts that allow for hotels, and industrial zoning districts. The affordable units must be for rental and be affordable for at least 30 years.
The zoning incentives include:
May not restrict the density below the highest currently allowed or allowed on July 1, 2023. In the case of Miami Beach, that is 150 units per acre, plus the underlying affordable housing bonus.
May not restrict the FAR below 150 percent of the highest FAR allowed or allowed on July 1, 2023. In the case of Miami Beach, the highest allowed is 4.25 in the Convention Hotel Overlay (Lowes Hotel) site. 150% of 4.25 is an FAR of 6.375
May not restrict the height below the highest height currently allowed or allowed on July 1, 2023 within 1 mile of the subject parcel.
If the site is in a National Register District designed before January 1, 2000, the height may not be restricted below the highest height currently allowed or allowed on July 1, 2203 within 3/4ths of a mile. The South Beach Architectural District (Art Deco District) was designated prior to January 1, 2000, so the height limits so this would apply within the boundaries.
The development must comply with all other aspects of the Zoning Code and Comprehensive Plan.
Eligible development must be approved administratively. The City cannot require the project to go before the Design Review Board, Historic Preservation Board, or Planning Board.
The municipality is required to administratively approve any demolition of existing structures associated with live local projects.
In National Register Districts designated prior to January 1, 2000, the City may require the proposed development to comply with local regulations relating to architectural design, such as façade replication, provided it does not limit the height, FAR, and density beyond what the Live Local Act allows.
The City is required to reduce parking requirements up to 15% if located within 1/4 a mile of transit stop, 1/2 a mile from a transit hub, within 600 feet of public parking.
The City recently approved the first live local project at 1960 Normandy Drive. 8-story building; 117 affordable units, retail on the ground floor, parking on the second floor.