The Live Local Act (Senate Bill 102 / Chapter 2023-17, Laws of Florida) became effective on July 1, 2023. It is a land use preemption that requires local governments to provide administrative review and approval of affordable housing projects within areas zoned commercial, industrial, and mixed-use, which meet the minimum requirements established in 125.01055, Florida Statutes.

To be eligible, a proposed project must set aside at least 40 percent of its total units as affordable rental units to income-eligible households (at or below 120 percent AMI) for a period of at least 30 years.

For proposed developments meeting the eligibility criteria, Florida cities and counties are required to allow multifamily and mixed-use residential developments in any area zoned for commercial, industrial, or mixed-use. The Live Local Act’s land use provisions preempt cities and counties from requiring that an eligible development obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for use, density, height, floor area ratio requirements, and parking requirements in limited circumstances.

Here is additional information about the Live Local Act policy in Palm Bay:

The Palm Bay City Council voted 5 to 0 to forego tax exemptions for Live Local Act projects within the city limits. (Resolution 2024-46.) Pursuant to House Bill 7073, Chapter 2024-158, Laws of Florida, the City Council has discretionary consideration of the tax incentives offered for Live Local Act developments.

To take advantage of the administrative process using the Live Local Act, begin with a pre-application meeting with City staff. Applications are accepted through the iMS Portal. Include a written narrative describing the project's consistency with state statute, including, but not limited to, the square footage allocated to all proposed uses, number of units, and height. Provide a draft Land Use Restrictions Agreement (LURA) for the City Community Development and City Attorney's Office to review. City staff has drafted a Land Use Restriction Agreement (LURA) to ensure compliance with the Live Local Act and its affordability requirements. Applicants are encouraged to propose a land use restriction agreement for consideration by City staff and ultimately approval by the City Council. (Land Use Restriction Agreement.)

At the meeting, the applicant must address consistency with the Live Local Act, site-design requirements, financial capacity to sustain the project's affordability, and qualified program-management resources available for determining future residents' income eligibility and ensuring affordability thresholds are maintained.

Please review the City’s Live Local Act Policy.

To ensure that units remain affordable for the entire 30-year duration of the affordability requirement, all projects will be subject to a requirement for a restrictive covenant. The property owner shall execute and deliver to the City, on a form approved by the City attorney, a covenant, declaration of restriction, or other deed restriction in favor of the City ensuring compliance with the affordability requirements. The document must be approved and executed prior to the issuance of a building permit and must be recorded at the applicant’s expense.

During the affordability period, the property owner shall submit documentation necessary to demonstrate that the affordable units meet the affordability criteria as set forth in Section 420.0004, Florida Statutes, pursuant to a schedule to be established as part of the site plan review to the City (Community & Economic Development Department).

Community & Economic Development will provide training on monitoring requirements. Contact them at construction completion prior to taking applications for residents. Community and Economic Development can be reached at (321) 726-5633 or Housing & Community Development Info.

Contact the Land Development Division at (321) 733-3042 or email landdevelopmentweb@palmbayflorida.org should you have any additional questions about Live Local Act projects in Palm Bay.