As we previously reported, the Live Local Act is a transformative piece of affordable and workforce housing legislation and represents the largest housing investment in Florida’s history. Originally passed in 2023, the Live Local Act provides a variety of affordable and workforce housing incentives, including a zoning and land use administrative approval process, ad valorem property tax exemptions, and new funding opportunities. In 2024, Stearns Weaver Miller closely monitored Senate Bill 328, which made several important changes to the Live Local Act. The zoning and land use administrative approval process was modified, but the zoning districts qualifying for this process remained the same. Nevertheless, many local governments have attempted to limit the Live Local Act’s reach in their respective jurisdictions.
On July 12, 2024, the Office of the Attorney General for the State of Florida issued an informal opinion on the zoning districts qualifying for development under the Live Local Act. Previously, the Attorney General’s office issued an informal opinion that “the phrase ‘area zoned for commercial, industrial, or mixed use’ refers to land located in districts having those specific zoning classifications, rather than encompassing land in any zoning district where some commercial, industrial, or mixed use land uses may be permitted.” Some local governments had misconstrued this informal opinion to argue that the words commercial, industrial, or mixed use must be in the title of a zoning category for the Live Local Act to apply.
In its July 12th opinion, the Attorney General has clarified that courts will “look beyond a title of a zoning classification and focus on whether the particular classification is similar to what has been historically and is normally understood to be a [commercial, industrial or] mixed use zoning classification specific to the area at issue.” In addition, the informal opinion states that local government land development and use regulations, along with comprehensive plan provisions and past practices, will be relevant to determine which areas are within commercial, industrial, and mixed use zoning district classifications. This analysis is critically important and requires local governments to review their comprehensive plans, land development codes, and past practices to determine which zoning districts qualify for the Live Local Act.
Finally, the informal opinion states that local governments attempting to evade the Live Local Act by titling or styling a zoning category so that it does not contain “commercial, industrial, or mixed use” in the label is “disingenuous” and “would likely be readily apparent” upon further review of the local government’s zoning scheme, historical land development and use regulations, comprehensive plan, and other sources affecting land development in the area.
If you should have any questions on this informal opinion or the Live Local Act, please contact us.
The information provided in this email does not, and is not intended to, constitute legal advice; instead, all information in this email is for informational purposes only. Information in this email is general in nature and may not constitute the most up-to-date legal or other information. Readers of this email should contact us or an attorney of their choice to obtain advice with respect to any particular legal matter. No reader of this email should act or refrain from acting on the basis of information in this email without first seeking legal advice from counsel. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. This email does not create an attorney-client relationship between the reader and the authors of the email or this law firm.