Jesse Scheckner
After a back-and-forth between the chambers, the Legislature has passed another update to a 2-year-old law meant to grow Florida’s affordable housing inventory by limiting local control over development.
Lawmakers in both chambers unanimously approved the latest changes (SB 1730), which included a last-minute amendment to somewhat restrain construction in and around historic buildings and districts.
The amendment — filed by Miami Gardens Democratic Sen. Shevrin Jones and accepted by the bill’s Miami Republican sponsors, Sen. Alexis Calatayud and Rep. Vicki Lopez — came after a push from Miami Beach, which is about a mile wide and boasts some 2,600 locally designated historic structures.
SB 1730 originally provided that a development within a district listed on the National Register of Historic Places could be built up to maximum height allowable for a commercial or residential building within a mile.
Miami Beach Commissioner Alex Fernandez warned that would lead to the “wholesale bulldozing of historic neighborhoods,” “accelerate gentrification by replacing naturally affordable housing with 50-story skyscrapers” and “turn South Beach into Manhattan.”
Jones’ amendment reduced the range to three-quarters of a mile, which “provides some slight protection but still allows big increases, which is a concern,” his Office said.
It preserves cities’ ability to regulate the height of buildings to ensure the project doesn’t overload local roadways and sewer systems and enables cities to include façade replications in project designs to better preserve an area’s architectural character.
Vitally, Fernandez said, it doesn’t create an “automatic entitlement to demolish a contributing building or historically designated structure.” Developments would still have to be reviewed by the city, though projects impacting historic neighborhoods like Miami Beach’s art deco district will be subject to administrative review rather than review by a local historic preservation board.
Jones said he plans to “circle back” on the issue during the Summer “to further address the rest of the concerns for Miami Beach.”
Fernandez said he is “very grateful” to Calatayud, Jones and Doral Republican Sen. Ana Maria Rodriguez, who presented the amendment with Jones on Wednesday, for making the changes.
“For a city like Miami Beach that’s defined by its architectural heritage, this is a very big and meaningful departure from long-standing policies that have defined our city, but the amendment addressed a concern of the city, which is preserving our architectural character when these new projects are being considered,” he said. “I am still troubled by the absence of any meaningful mechanism that guarantees that the promised housing will be constructed once a historic building is demolished.”
The changes in Jones’ amendment don’t go as far as since-tossed provisions Lopez added to her version of the legislation (HB 943) last month. That language, which was tabled along with HB 943 would have required public hearings for developments that involve the demolition and replacement of structures classified as “contributing” to locally designated historic structures.
Many of the buildings Miami Beach lists as historic locally aren’t on the National Register.
Ahead of the bill’s passage Thursday, Lopez credited Miami Beach Republican Rep. Fabián Basabe for repeatedly stressing “the importance of preserving the historic identity of Miami Beach.”
She also thanked Calatayud for getting Jones’ amendment passed Wednesday, but did not mention Jones.
“The amendment ensures that the community’s historic identity will be protected once and for all,” Lopez said.
Proponents of SB 1730, which was updated last year to include clearer guidelines and special considerations for the Keys, say it’s necessary to surmount barriers born of NIMBYism and deliver much-needed units to Florida’s affordable housing inventory.
Opponents say the changes expose localities to overdevelopment incongruous with their growth plans and give developers too much power while requiring comparatively little of them in return.
The bill changes zoning and development rules and requires counties and municipalities to allow multifamily and mixed-use residential developments in certain flexibly zoned areas. At least 40% of multifamily rental units must meet affordability standards, while 65% of mixed-use developments must be for residential use.
Counties and municipalities must reduce parking requirements for developments near transit hubs, though certain regulations can still be placed on density, floor area ratios, and height of developments.
Developers can include adjacent parcels of land in proposed multifamily developments. Religious institutions will also be able to approve affordable housing developments on their lands.
The bill, effective July 1, also provides for public sector and hospital employer-sponsored housing and exempts the Wekiva Study and Everglades Protection areas from Live Local requirements.
SB 1730 will next go to Gov. Ron DeSantis, who can sign the legislation, veto it or allow it to become law without his signature.
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Andrew Powell of Florida Politics contributed to this report.
