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CS/CS/SB 1730 — Affordable Housing
by Rules Committee; Community Affairs Committee; and Senator Calatayud
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Community Affairs Committee (CA)
The bill amends various provisions of the Live Local Act, passed during the 2023 Regular Session, related to the preemption of certain zoning and land use regulations to authorize affordable housing developments. Specifically, the bill:
- Clarifies the application of the zoning preemption by defining “commercial,” “industrial,” and “mixed-use,” and providing that the preemption applies in areas such as planned unit developments with different zoning;
- Prohibits local governments from requiring transfer of density or development units or amendments to developments of regional impact before allowing development;
- Prohibits local governments from requiring a certain amount of residential usage in mixed-use developments;
- Clarifies the nature of administrative approval of affordable housing developments;
- Defines a “story” for purposes of municipalities located in an area of critical state concern;
- Allows local governments to restrict height and regulate architectural design for developments in historic districts for structures listed in the National Register for Historic Places before January 1, 2020;
- Requires local governments to administratively approve the demolition of an existing structure associated with a proposed development;
- Requires local governments to reduce parking requirements by 15 percent, as opposed to “considering” such reduction, as provided in current law;
- Provides for priority docketing and prevailing party attorneys’ fees and costs, up to $250,000, in lawsuits brought under the Live Local Act;
- Authorizes a local government to include an adjacent parcel of land to be included in a project authorized under the Live Local Act;
- Provides that the Live Local Act does not apply in the Wekiva Study Area or Everglades Protection Area;
- Prohibits local governments from enforcing building moratoria that would have the effect of delaying the permitting or construction of affordable housing developments, except in certain circumstances, and authorizes civil action for violation of this prohibition, including award of prevailing party attorneys’ fees and costs up to $250,000; and
- Requires annual reporting beginning November 1, 2026, of litigation related to and projects proposed or approved under the Live Local Act.
The bill provides that an applicant in the process of utilizing the Live Local Act prior to the amendments may opt to utilize the law as it existed upon their initial application.
Outside of the Live Local Act, the bill also authorizes local governments to approve affordable housing development on land owned by a religious institution containing a house of worship regardless of underlying zoning.
The bill enacts a state policy related to support public sector, health care facility, and hospital employer-sponsored housing to meet a federal requirement related to tax-advantaged funding.
If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect July 1, 2025.
Vote: Senate 37-0; House 105-0