Jesse Scheckner
Gov. Ron DeSantis just signed an update to the Live Local Act that gives Florida developers freer rein to build residential structures without having to abide by local requirements if they meet certain affordability standards.
Lawmakers approved the most recent additions (SB 1730) to the 2023 law unanimously in May after last-minute language was added to somewhat restrain construction in and around historic buildings and districts.
Sen. Alexis Calatayud and Rep. Vicki Lopez, the bill sponsors, accepted the change, which Miami Gardens Democratic Sen. Shevrin Jones filed after local officials warned that SB 1730 could significantly alter their neighborhoods.
The version of the bill DeSantis signed Monday should put some, but not all, of their concerns to rest for now.
SB 1730 allows for developments to be built within districts on the National Register of Historic Places up to the maximum height allowable for commercial or residential buildings within three-quarters of a mile.
It preserves cities’ ability to regulate the height of buildings to ensure projects don’t overload local roadways and sewer systems. It also enables cities to include façade replications in project designs to better preserve an area’s architectural character.
Vitally — according to Miami Beach Commissioner Alex Fernandez, who has repeatedly pushed for greater protection for historic structures in numerous state bills in recent years — SB 1730 maintains a requirement that cities must still review projects impacting historic neighborhoods like Miami Beach’s art deco district. That review must be administrative, rather than by a local historic preservation board.
Fernandez told Florida Politics in May he was “very grateful” to Calatayud for including the change and to Jones and Miami Republican Sen. Ileana Garcia, who presented the amendment alongside Jones.
The changes in Jones’ amendment don’t go as far as since-tossed provisions Lopez previously added to her version of the legislation (HB 943). That language 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.”
Fernandez told Florida Politics that while SB 1730 was “a very big and meaningful departure from long-standing policies that have defined” his city — which is known for its many beautiful, century-old buildings — he nevertheless appreciated the response from lawmakers.
“The amendment addresses a concern of the city, which is preserving our architectural character when these new projects are being considered,” he said.
The Greater Miami area, which includes Miami Beach, is the least affordable metropolitan market for renters in the nation, according to a recent Realtors.com analysis.
Proponents of Live Local, 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.
Affordable housing for all Floridians, not just seniors, has been an increasing area of concern for groups such as AARP and Florida TaxWatch who have voiced increasing worry that many people are starting to leave Florida because housing is becoming so costly.
AARP this month highlighted SB 1730 among the bills it supported this year.
Opponents of the legislation 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.
Some also complain that there isn’t strong enough enforcement to impel developers to follow through on affordability requirements. Fernandez said he is “still troubled by the absence of any meaningful mechanism that guarantees that the promised housing will be constructed once a historic building is demolished.”
SB 1730 changes zoning and development rules and requires counties and municipalities to allow multifamily and mixed-use residential developments in certain flexibly zoned areas. It also allows residential construction on properties owned by religious institutions — a provision backed by House Minority Whip Lindsay Cross of St. Petersburg.
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 legislation, 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.
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Drew Dixon and Andrew Powell of Florida Politics contributed to this report.
