Zoning law explained

Florida Live Local Act Explained: What It Lets You Build on Commercial and Industrial Land

How Florida's Live Local Act lets qualifying affordable multifamily and mixed-use projects go on commercial, industrial, and mixed-use land without a rezoning, with the density, height, and approval rules as amended through July 2026.

By Nathan Robinson, Founder, Plotzy Published 6 min read

Florida's Live Local Act is a 2023 state housing law that requires cities and counties to allow multifamily and mixed-use residential projects on land zoned commercial, industrial, or mixed use when at least 40 percent of the units are rentals kept affordable for at least 30 years. Qualifying projects get the highest residential density allowed in the jurisdiction, favorable height and floor area limits, and staff-level approval with no rezoning. The Legislature has amended the act in every session since, most recently effective July 1, 2026.

What it is and how it works

The act was SB 102 (Chapter 2023-17), signed March 29, 2023 and effective July 1, 2023. Its land use rules sit in two matching statutes: section 166.04151(7) for municipalities and section 125.01055(7) for counties.

To qualify, a project must meet these tests:

  • At least 40 percent of the residential units are rental units that stay affordable, as defined in section 420.0004, for at least 30 years. That definition ties housing cost to 30 percent of income and reaches households up to 120 percent of median income.
  • If the project is mixed use, at least 65 percent of its total square footage is residential. The local government cannot require more than 10 percent to be nonresidential.

In return, the local government must do the following:

  • Use. Allow the project in any area zoned commercial, industrial, or mixed use, including parts of a planned unit development permitted for those uses.
  • Density. Not restrict density below the highest allowed on land in the jurisdiction where residential development is allowed.
  • Floor area ratio. Not restrict it below 150 percent of the highest allowed.
  • Height. Not restrict it below the highest allowed for a commercial or residential building within one mile of the project, or three stories, whichever is higher.
  • Approval. Approve the project administratively, with no further action by the governing body, if it meets the multifamily land development regulations and is otherwise consistent with the comprehensive plan. No rezoning, land use change, special exception, conditional use, variance, or comprehensive plan amendment can be required.

In each case, "highest allowed" means the highest currently allowed or allowed on July 1, 2023. It excludes heights, densities, and floor area ratios that other projects received through a bonus, variance, or special exception.

Who and where it applies

The act applies to Florida counties and municipalities. The land has to be zoned commercial, industrial, or mixed use. Since July 1, 2026, it also reaches property owned by a county, municipality, or school district when that entity is a party to the application, and property of more than three acres owned by a religious institution that has contained a house of public worship for at least 10 years.

Key dates

  • July 1, 2023: act takes effect.
  • May 16, 2024: SB 328 (Chapter 2024-188) signed and effective, adding the floor area ratio rule and a height limit next to single-family neighborhoods.
  • July 1, 2025: SB 1730 (Chapter 2025-172) takes effect, adding planned unit developments.
  • July 1, 2026: HB 1389 (Chapter 2026-179), signed June 26, 2026, takes effect, adding public and religious institution land and barring the use of setbacks or stepbacks to cut authorized height.
  • October 1, 2033: the land use subsection expires. Projects authorized under it are treated as conforming uses after that date.

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Current status

As of October 2026, the act is in effect as amended by HB 1389, which lets applicants submit revised applications to account for the changes. A second 2026 law, SB 962 (Chapter 2026-163), changed the land use definitions to exclude farms.

What this lets you build

The parcel. A site zoned commercial, industrial, or mixed use, such as a retail center, office parcel, or warehouse site, can take a multifamily or mixed-use residential project even where the local code does not list residential as a permitted use. See our C-2 and I-1 explainers.

Parking. On request, parking is reduced by 15 percent near transit or where parking is available within 600 feet, and eliminated for qualifying mixed-use projects in transit-oriented areas. See parking minimums.

Limits and carve-outs

  • The affordability commitment. 40 percent of units, rental, for 30 years.
  • Single-family adjacency. If the site borders, on two or more sides, parcels zoned single-family within a development of at least 25 contiguous single-family homes, the local government may limit height to the highest of 150 percent of the tallest adjacent building, the height currently allowed for the property, or three stories, up to 10 stories.
  • Excluded areas. Airport-impacted areas under section 333.03, recreational and commercial working waterfront in industrial zones, the Wekiva Study Area, the Everglades Protection Area, certain open space districts, areas of critical state concern, and land under a recorded conservation easement. A project within a quarter mile of a listed military installation cannot be administratively approved.
  • Small commercial base. A municipality that designates less than 20 percent of its land for commercial or industrial use must allow these projects there only if they are mixed-use residential.
  • Tax exemptions are separate. The act also created property tax exemptions for affordable housing, which have their own eligibility rules in section 196.1978.

How to check a specific parcel

  1. Confirm the parcel's zoning district is classified commercial, industrial, or mixed use. For South Florida, see our Miami zoning guide.
  2. Screen for excluded areas: airport zones, working waterfront, conservation easements, and the named protection areas.
  3. Find the jurisdiction's highest allowed residential density and the tallest allowed building within one mile, excluding bonuses and variances.
  4. Check what borders the site, since single-family adjacency can lower the height.

In Plotzy, filter parcels by zoning designation and lot size to list commercial and industrial sites of the size you need, then ask Zoning AI "What is the maximum height and density in this district?" for an answer with the code section cited.

Frequently asked questions

What is the Live Local Act?

It is Florida's 2023 housing law. Its land use provisions require cities and counties to allow qualifying affordable multifamily and mixed-use projects on commercial, industrial, and mixed-use land.

Does a Live Local project need a rezoning or public hearing?

No. A qualifying project is approved administratively, without a rezoning, comprehensive plan amendment, or further action by the governing body.

How tall can a Live Local project be?

As tall as the highest currently allowed commercial or residential building within one mile, or three stories, whichever is higher.

When does the Live Local Act expire?

The land use subsection is set to expire on October 1, 2033. Developments authorized under it are treated as conforming uses after that.

Sources

The bills, statutes, court decisions, and agency documents cited on this page were checked on October 4, 2026. These laws have been amended and litigated since they passed, so confirm the current text and status before relying on any detail. This page is general information, not legal advice.

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