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.
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.
Do this in Plotzy
Ask the zoning code a question and get a cited answer
Zoning AI reads the ordinance for you. Ask about permitted uses, setbacks, FAR, height, or parking for a specific parcel and get the answer with the section it came from.
- Two-level zoning on every parcel, nationwide
- Plain-English answers with section-level citations
- Filter parcels by zoning before you spend a day on due diligence
7-day free trial
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
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
- Confirm the parcel's zoning district is classified commercial, industrial, or mixed use. For South Florida, see our Miami zoning guide.
- Screen for excluded areas: airport zones, working waterfront, conservation easements, and the named protection areas.
- Find the jurisdiction's highest allowed residential density and the tallest allowed building within one mile, excluding bonuses and variances.
- 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.
- Florida Legislature, Online Sunshine: Section 166.04151, Florida Statutes (2026). The municipal rules: qualifying tests, use, density, floor area ratio, height, approval, parking, exclusions, expiration, history of amendments.
- Florida Legislature, Online Sunshine: Section 166.04151, Florida Statutes (2025 edition). Earlier text, used to confirm which provisions were added in 2026.
- Florida Legislature, Online Sunshine: Section 166.04151, Florida Statutes (2024 edition). Earlier text, used to confirm which provisions were added in 2024.
- Florida Legislature, Online Sunshine: Section 125.01055, Florida Statutes (2026). The matching county rules and expiration date.
- Florida Legislature, Online Sunshine: Section 420.0004, Florida Statutes. Definitions of "affordable" and "moderate-income persons".
- Florida Senate: CS/SB 102 (2023). Chapter 2023-17, approval date, effective date, tax exemption provisions.
- Florida Senate: CS/CS/SB 328 (2024). Chapter 2024-188, approval and effective date, floor area ratio and height changes.
- Florida Senate: CS/CS/SB 1730 (2025). Chapter 2025-172, effective date, flexibly zoned areas.
- Florida Senate: CS/CS/HB 1389 (2026). Chapter 2026-179, approval date, effective date, summary of changes.
- Florida Senate: CS/CS/HB 1389 enrolled text. The 2026 additions on public and religious institution land, setbacks and stepbacks, and revised applications.
- Florida Senate: SB 962 (2026). Chapter 2026-163, farm exclusion from the land use definitions.
Related reading
- What Is Zoning Reform? A Plain Guide for Land Buyers and Developers
What zoning reform means, the main types (upzoning, missing middle housing, parking, ADUs, lot sizes, by-right approval), who is passing it, and what it changes for a specific site.
- What Is Upzoning? How It Works and What It Changes for a Site
What upzoning means, the three ways it happens (rezoning one site, citywide code changes, state mandates), real examples with numbers, and how to tell whether an upzoned parcel can actually carry more building.
- What Are Parking Minimums? Parking Reform and What It Changes for a Site
What minimum parking requirements are, how cities and states are reducing or removing them, which laws apply where, and what parking reform changes for site yield, small lots, and building conversions.
- Miami Zoning Map: How to Look Up Zoning in Miami, Florida (Miami 21)
Where the City of Miami's Miami 21 zoning atlas lives, how the T3 to T6 transect zones and their R, L, and O suffixes work, how city zoning differs from unincorporated Miami-Dade County, and what the Live Local Act changed.
- What Is C-2 Zoning? General Commercial Districts Explained
What C-2 zoning usually allows, which uses are typically permitted, conditional, or prohibited, how Phoenix, Los Angeles, New York, and Miami-Dade define it, and why C-2 is the district most retail and auto-oriented developers search for.
- Multifamily Site Selection: Finding Land Zoned for Apartments by Right
Which districts allow multifamily by right, how density, height, and parking standards set your unit count, what recent state laws changed, and a parcel search recipe for apartment sites.