SB 1730's Bold Overhaul Of Land Use For Affordable Housing In Florida

On May 1, 2025, the Florida Senate passed Senate Bill ("SB") 1730 to adopt several important clarifications to Florida's Live Local Act by amending Florida Statutes Section 125.01055 ("County Affordable Housing Statute"), Section 166.04151 ("Municipal Affordable Housing Statute") (collectively, the "Affordable Housing Statutes"), and Section 420.5098. The amendments are critical to advancing the legislative goal of increasing affordable housing opportunities for Florida's residents. As summarized below, the amendments touch on issues related to eligibility for development, protections against down-zoning, historic preservation, the administrative approval process, parking requirements, moratoria, annual reporting, and judicial relief. Please note that the following discussion will refer to development authorized under paragraph (7) of the Affordable Housing Statutes as a "Live Local Development."

A. Expands local government's home rule authority with respect to properties owned by religious institutions

• Amends paragraphs (6) of the Affordable Housing Statutes to allow local governments to approve multi-family residential on any parcel (and any contiguous parcel) that is owned by a religious institution "regardless of underlying zoning" so long as 10% of the units are "affordable" and the parcel is also improved with a house of worship.
• What this means: Under the current Affordable Housing Statutes, local governments are allowed (but not required) to circumvent their comprehensive plans and land development regulations to approve multi-family residential on any parcel that is zoned for commercial or industrial use provided that 10% of the units are affordable; however, if a parcel is owned by a religious institution and contains a house of worship, then the underlying zoning district is no longer a relevant consideration, and contiguous parcels also may be included in the proposed development.

B. Clarifies that properties in planned development districts are eligible for development under the Live Local Act

• Amends paragraphs 7(a) of the Affordable Housing Statutes to clarify that properties that are flexibly zoned "such as a planned unit development permitted for commercial, industrial or mixed use" are eligible for development with a Live Local Development.
• What this means: Readers may recall our update following the 2024 Legislative session in which we indicated that Live Local Developments should not be limited only to properties with traditional "Euclidean" style zoning, but to any property on which commercial, industrial or mixed-use is allowed under the local government's "land development regulations"("LDRs") – a term already defined in Florida's Community Planning Act. While the Affordable Housing Statutes continue to use the "zoned for" language in paragraph 7(a), the amendment reinforces the conclusion that the statutory language should be broadly construed so that the phrase "zoned for" commercial, industrial and mixed-use essentially means that such uses are permitted on the subject property under the local government's LDRs. This amendment also ensures consistency with the Community Planning Act's mandate that local governments adopt LDRs that implement their comprehensive plans and that LDRs may or may not consist of a "general zoning code." §163.3202(1)-(3), Fla. Stat. (2024).

C. Includes additional development approvals that are not required for Live Local Developments

• Amends paragraphs 7(a) of the Affordable Housing Statutes to provide that local governments may not require either: (i) an amendment to a Development of Regional Impact ("DRI"); or (ii) a "transfer of density or development units" when authorizing a Live Local Development.
• Further amends paragraph 7(a) of the Municipal Affordable Housing Statute to add that a municipality may not require a charter amendment when authorizing a Live Local Development.
• What this means: Live Local Developments within a DRI may be approved without amendment to the DRI and Live Local Developments may not be required to obtain a transfer of density or development units from other properties to obtain the highest allowable density. Municipalities may not require a Live Local Development to obtain a charter amendment either.

D. Explicitly defines the maximum amount of non-residential floor area in a mixed use Live Local Development

• Amends paragraphs 7(a) of the Affordable Housing Statutes to provide that local governments may not require that more than 10% of the total square feet of a mixed-use Live Local Development be used for non-residential purposes.
• What this means: If a Live Local Development is required to be "mixed use" then the local government may only require 10% of the floor area be used for non-residential purposes.

E. Provides that local governments may not restrict the density, floor area ratio, or building heights of a Live Local Development to less than what was allowed when the Live Local Act was initially effective in 2023

• Amends paragraph 7(b) of the Affordable Housing Statutes to require that a local government may not restrict the density of a Live Local Development below the greater of either: (i) the "highest currently allowed" density; or (ii) the highest density that was "allowed on July 1, 2023."
• Also amends paragraph 7(c) to state that a local government may not restrict the floor area ratio ("FAR") of a Live Local Development below the greater of either: (i) 150% of the "highest currently allowed" FAR; or (ii) 150% of the highest FAR that was "allowed on July 1, 2023."
• Also amends paragraphs 7(d)(1) to state that a local government may not restrict the height of a Live Local Development below the greater of either: (i) the "highest currently allowed" height (within 1 mile of the subject property); (ii) the highest height (within 1 mile of the subject property) that was "allowed on July 1, 2023"; or (iii) three (3) stories.
• What this means: Live Local Developments are entitled, at a minimum, to the density, FAR and building heights that were available at the time the Live Local Act was first effective on July 1, 2023. While increases to the "highest currently allowed" density, FAR, and building height will be available to Live Local Developments, any decreases adopted by local governments after July 1, 2023, will not be recognized.

F. Imposes a 10-story height limit on Live Local Developments adjacent to single- family neighborhoods and special height measurements within Areas of Critical State Concern ("ACSC")

• Amends paragraph 7(d)(2) of the Affordable Housing Statutes to provide Live Local Developments adjacent to 25 or more single-family homes (on at least 2 sides of the subject property) with the same protections against decreases in building heights that were adopted after the Live Local Act became effective, but also imposes a new absolute maximum height of ten (10) stories for such developments.
• Also amends paragraph 7(d)(2) to clarify that properties located within a municipality that are separated by a "body of water, including manmade lakes and ponds" are not considered "adjacent to" one another.
• Also amends paragraph 7(d)(2) to state that for properties located within both a municipality and ACSC, a building "story" only includes the habitable space above the FEMA designated base flood elevation, and each "story" may not exceed 10 feet between finished floor elevations (or between the finished floor and top roof plate for the highest story).
• What this means: Live Local Developments that are adjacent to single-family neighborhoods may not exceed 100 feet in height, but such developments are not adjacent to the single-family neighborhood if a body of water (or public road) separates them. If the Live Local Development is located within an ACSC, then each story of the building is limited to 10 feet and must be located above the base flood elevation.

G. Provides height restrictions for proposed Live Local Developments on parcels with historic designations

• Creates new paragraph 7(d)(3) to require that Live Local Developments located either on: (i) parcels with a contributing structure within a historic district that was listed in the National Register of Historic Places before Jan. 1, 2000; or (ii) parcels with a structure that is individually listed in the National Register of Historic Places may be restricted to the greater of: (i) 3 stories; or (ii) the highest currently allowed height, or height allowed on July 1, 2023, for any commercial or residential building located within three-quarters of a mile of the subject property.
• Creates new paragraph 7(e)(3) to clarify that Live Local Developments proposed on properties described in paragraph 7(d)(3) may be required to receive administrative approval that the development complies with local architectural design criteria, "such as façade replication, provided it does not affect height, [FAR], or density ...."
• What this means: If a Live Local Development is located on property with historic designations, then the height of the Live Local Development is determined by the highest allowed height within three-quarters of a mile rather than one mile. Local architectural criteria may apply to the Live Local Developments, but not if the criteria affect height, FAR or density, and the approval must be administrative.

H. Clarifies the administrative approval does not include action by any quasi-judicial or administrative board

• Amends paragraph 7(e) to create new subparagraph (1) which clarifies that administrative approval means without any action by either the local legislative body or "any quasi-judicial or administrative board or reviewing body."
• Also amends paragraph 7(e) by reiterating in new subparagraph (1) that "allowable density" means "density prescribed for the property in accordance with this subsection without additional requirements to procure and transfer density units or development units from other properties."
• What this means: Live Local Developments may not be decided upon in a public hearing before any elected legislative body or any quasi-judicial board, such as a planning and zoning board, or any other reviewing body.

I. Adds safeguards against demolition delays

• Creates new paragraph 7(e)(2) to require administrative approval of demolition associated with a proposed Live Local Development if the demolition otherwise complies with all regulations.
• What this means: Local governments must administratively approve the demolition of structures if the demolition complies with all state and local regulations. The amendment prevents local governments from delaying a Live Local Development by not issuing demolition permits, or by sending demolition applications to a public hearing for approval.

J. Solidifies and simplifies parking reductions for Live Local Developments

• Amends paragraph 7(f)(1) to require that Live Local Developments are provided a 15% reduction in parking requirements if the development is located either: (i) within one-quarter mile of a transit stop that is accessible from the development; or (ii) within one-half mile of a major transportation hub that is accessible from the development by "safe, pedestrian means;" or (iii) the development has parking that is available for use by residents located within 600 feet of the development.
• What this means: The Affordable Housing Statutes currently require that local governments "consider" parking reductions for Live Local Developments located within one-quarter mile of a transit stop, but the amendment now requires that local governments MUST provide the 15% reduction for such developments. Also, the Affordable Housing Statutes currently provide a 20% parking reduction for Live Local Development located within one-half mile from "major transportation hub" that also has available parking with 600 feet. The amendment reduces the reduction to 15% but only upon the condition that the Live Local Development satisfies one of the criteria (i.e., either located either within one-half mile of "major transportation hub" or if available parking is located within 600 feet), not both criteria.

K. Provides that adjacent lands may be included in a Live Local Development

• Creates new paragraph 7(k) to allow that local governments include adjacent parcels in a Live Local Development, "notwithstanding any other law, or local ordinance or regulation to the contrary."
• What this means: Parcels that are adjacent to properties that qualify for a Live Local Development may be included in the Live Local Development without regard to the underlying future land use and zoning of the adjacent parcels.

L. Provides for more meaningful judicial relief in civil actions filed by landowners

• Creates new paragraph (7)(l) to give priority and an expeditious adjudication of any civil actions filed against a local government for a violation of paragraph (7) of the Affordable Housing Statutes.
• Also creates new paragraph (7)(m) to provide a mandatory award of attorney fees and costs to the prevailing party in any civil action filed against a local government for violation of the Affordable Housing Statutes. The award may not exceed $250,000 and may not include the attorney fees and costs incurred to litigate the award amount.
• What this means: Local governments should be discouraged from violating the Affordable Housing Statutes and frustrating the Legislature's desire to provide more affordable housing for Florida residents.

M. Defines critical terms and phrases

• Creates new paragraphs 7(n) that define: (1) "Commercial use;" (2) "Industrial use;" (3) "Mixed use" and (4) "Planned unit development." None of the defined terms includes "uses that are accessory, ancillary, and incidental" or "temporary uses." Also, none of the defined terms include "recreational uses, such as golf course, tennis courts, swimming pools, and clubhouses, within areas designated for residential uses ... irrespective of how they are operated." The amendment also specifies that a parcel is for zoned for "commercial use" or "industrial use" (as now defined in the statute) if the local government LDRs "permit such uses by right without the requirement to obtain a variance or waiver ... irrespective of the land [LDRs] listed category or title." "Mixed Use" is simply a combination of "at least two of the residential use, commercial use, and industrial use categories." Finally, "Planned unit development" has the meaning that is currently provided in the Community Planning Act.
• What this means: The amendment makes clear that the "title" or "listed category" given to the zoning district in the local LDRs is not controlling. Essentially, the test is whether the "commercial use" or "industrial use" is allowed "by right," without a wavier or variance. For "mixed use," the Live Local Development needs to include a combination of two uses.

N. Excludes certain environmentally sensitive lands

• Amends paragraph 7(o) to exclude to exclude the Wekiva Study Area and Everglades Protection Area.
• What this means: Live Local Developments are not allowed in the excluded areas.

O. Strictly limits local government moratoriums aimed at the Affordable Housing Statutes

• Creates new paragraph 9 to: (a) prohibit the enforcement of a building moratorium that has "the effect of delaying the permitting or construction" of a Live Local Development, except (b) a moratorium may be enforced for no more than 90 days in any three year period provided that prior to adopting such moratorium the local government prepared an assessment of the jurisdiction's projected need for affordable housing over the next five years; or (c) a moratorium may be imposed to address stormwater, potable water, and sanitary sewer management but only "if such moratoria apply equally to all types of multifamily or mixed use residential development."
• Also creates new paragraph 9(c) to provide the same judicial relief described in paragraph 7(m) for civil actions against local governments that violate the prohibition of paragraph 9.
• What this means: Local governments may only enforce a mortarium aimed at delaying Live Local Developments for a maximum of 90 days every three years to assess the jurisdiction's projected need for affordable housing. However, moratoria that apply to all multi-family development because of stormwater, potable water, and sanitary sewer infrastructure management also may be applied to Live Local Developments. Local governments should be discouraged from impermissibly imposing moratoria on Live Local Developments because of the possible award of attorney fees and costs.

P. Requires that local governments provide annual reporting on the delivery of affordable housing within its jurisdiction

• Creates new paragraph (10)(a) requiring local governments to provide an annual report to the state planning agency that includes: (1) a summary of all litigation matters related to Live Local Developments that were initiated, pending, or resolved during the prior year; (2) list of all Live Local Development applications (including the size, density, intensity and number of units, including affordable count and household income ranges for each development).
• What this means: The annual information will be compiled by the state planning agency and shared with the Governor, President of the Senate, and Speaker of the House of Representatives.

Q. Allows current applications for Live Local Developments to opt out of the SB 1730 amendments

• Section 3 of SB 1730 provides if an application, written request, or notice of intent for a Live Local Development has been submitted to a local government, then the applicant may notify the local government that it intends to proceed under the provisions of the Affordable Housing Statutes that were in effect when the application, written request, or notice of intent was submitted. The notification must be filed before July 1, 2025.
• Section 3 also allows requires local governments to allow current Live Local Development applications to be revised to account for the amendments adopted in SB 1730.
• What this means: Currently pending Live Local Development proposals may decide whether it makes sense to take advantage of the amendments adopted by SB 1730, and to provide notification of its choice to the local government and revise the Live Local Development application if necessary.

R. Adopts an express legislative policy supporting affordable workforce housing for hospital, health care facilities, and government employees

• Creates Florida Statutes Section 420.5098 which: (1) recognizes economic benefits of providing affordable housing for employees of Florida's hospitals, health care facilities, and governmental entities; (2) defines "Governmental entity" and "health care facility" and "hospital;" and (3) declares the "policy of the state" to "create a preference for such employees" in housing that is developed with low-income housing tax credits or other local or state funds.
• What this means: Subject to the requirements of Section 42(g)(9) of the Internal Revenue Code, certain affordable housing developments may follow a policy of providing preference to hospital, heath care facility, and government employees.

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