On July 1, 2023, the Live Local Act (Senate Bill 102) became effective in the state of Florida. The purpose of the Act is to increase the supply of affordable housing in Florida. Section 125.01055, Florida Statutes, affects how local governments interpret zoning regulations. Section 125.01055(7)(a) states the following:
A county must authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in s. 420.0004. Notwithstanding any other law, local ordinance, or regulation to the contrary, a county may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection. For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes.
The land use preemption does not apply to “airport-impact areas as provided in s. 333.03.”
For more information, please contact 407-665-7443 or plandesk@seminolecountyfl.gov.