Florida Gov. Ron DeSantis signed Senate Bill (SB) 1730 on June 23, 2025, amending the Live Local Act (2025 Live Local Act), which takes effect on July 1, 2025. The 2025 Live Local Act introduces several significant technical changes aimed at clarifying the legislature's intent by adding new definitions for key terms such as "commercial use” and provisions that prevent local governments from imposing additional requirements on qualifying developments.
New Provisions in the 2025 Live Local Act
Expanded Definitions and Applicability
Since its inception on July 1, 2023, the Live Local Act has required local governments to authorize the development of multifamily residential and mixed-use developments on sites zoned for mixed-use residential, commercial or industrial purposes, provided that at least 40 percent of the residential units in a proposed development will be affordable to individuals making up to 120 percent of the local area median income (AMI) for a period of at least 30 years. (See Holland & Knight's previous alert, "Florida's New Live Local Act Offers Land Use and Tax Benefits," Aug. 8, 2023.)
The 2025 amendments, now codified at Chapter 2025-172, Laws of Florida, introduce new definitions for "commercial use," "industrial use" and "mixed use" to clarify how those terms should be applied to lands titled or categorized differently under the municipal zoning but that allow certain activities.
Significantly, the Florida Legislature requires that a parcel zoned to permit uses such as wholesale sales, equipment rentals and other for-profit business activities is considered commercial use for the purposes of the 2025 Live Local Act, irrespective of the local land development regulation's listed category or title.
The amendments also expand the applicability of the Live Local Act to portions of flexibly zoned areas such as planned unit developments (PUDs) permitted for commercial, industrial or mixed use. The 2025 amendments prohibit local governments from requiring more than 10 percent of the total square footage of a mixed-use project to be used for nonresidential purposes. The amendments also clarify that density, height and floor area ratio allowances cannot be lower than the highest allowed entitlements as of July 1, 2023. Lastly, the amendments expand the definition of "floor area ratio" to include lot coverage.
Yes In God's Backyard (YIGBY)
The 2025 Live Local Act includes Florida's first YIGBY policies, aimed at empowering religious institutions1 to build affordable housing on their land to address local needs. This policy opens up tens of thousands of parcels of land statewide for affordable homes. The 2025 Live Local Act amends current state law to allow (but not require) local governments to approve affordable housing development on any parcel owned by a religious institution that contains a house of public worship, regardless of underlying zoning, as long as at least 10 percent of the homes are affordable. The provision is self-executing, thus obviating the need for any action or ordinance from a local government before utilizing the new process.
Administrative Approval Only
The 2025 Live Local Act clarifies that qualifying developments must receive administrative approval without further action from quasi-judicial or administrative boards or reviewing bodies, provided the development complies with the local land development regulations for multifamily development in designated areas and is otherwise consistent with the comprehensive plan, except for specific provisions regarding allowable densities, floor area ratios, height and land use. This language is designed to prevent local governments from layering on additional reviews in contravention of the legislature's intent.
Demolition of Historic Structures
Local governments must administratively approve the demolition of a structure related to a qualifying development if it complies with all state and local regulations without needing further action from the board of county commissioners or other quasi-judicial or administrative reviewing bodies. However, if the proposed development is on a parcel with a contributing structure or building within a historic district listed in the National Register of Historic Places before Jan. 1, 2000, or on a parcel with a structure or building individually listed in the National Register of Historic Places, the local government may administratively require the proposed development to comply with local regulations relating to architectural design, such as facade replication, provided it does not affect the height, floor area ratio or density of the proposed development.
Employer-Sponsored Housing Policy
The 2025 Live Local Act declares it state policy to provide affordable housing to employees of hospitals, healthcare facilities and governmental entities, allowing developers to create a preference for these employees. This allows developers in receipt of federal low-income housing tax credits or other governmental funding sources to create a preference for housing the specified employees, assuming such preference conforms to the Internal Revenue Code Section 42(g)(9).
Key Changes from the 2024 to 2025 Live Local Act
- Height Requirements. For proposals adjacent to, on two or more sides, a parcel zoned for single-family residential use within a single-family neighborhood with at least 25 contiguous single-family homes, local governments may restrict the height of the proposed development to 150 percent of the tallest building on any property adjacent to the proposed development, the highest currently allowed (or allowed on July 1, 2023) or three stories, whichever is higher, but not more than 10 stories.
- Parking Mandate Reduced. Requires local governments to reduce parking requirements by 15 percent for developments within a quarter-mile of a transit stop, half-mile of a major transportation hub or with available parking within 600 feet.
- Civil Actions and Building Moratoria. Expedites civil actions filed against local governments for violating the Live Local Act and caps attorney fees and costs at $250,000. The amendments allow a county to enforce a building moratorium against developments that qualify under the Live Local Act for no more than 90 days in any three-year period after the county has prepared an assessment of affordable housing in the business impact estimate for the ordinance imposing such a moratorium.
- Local Government Reporting. Requires local governments to provide annual reports on litigation, proposed or approved projects, and other relevant data to the state land planning agency.
For more detailed information on the 2025 Live Local Act and how it may impact your projects, please contact one of the authors or another member of the Florida Land Use Team.
Notes
1 Religious Institution as defined in s. 170.201(2), means "any church, synagogue, or other established physical place for worship at which nonprofit religious services and activities are regularly conducted and carried on…"
