Key facts
- Governor Ron DeSantis signed House Bill 1389, the fourth iteration of the Live Local Act, into law.
- The bill, effective July 1, strengthens state preemption over local zoning and closes loopholes that allowed discrimination against affordable housing projects.
- It amends the Florida Fair Housing Act to allow developers to sue local governments for discrimination against income-restricted projects.
- The legislation mandates approval for qualifying affordable housing projects on land owned by religious institutions, regardless of underlying zoning.
- HB 1389 also expands eligibility to properties owned by counties, municipalities, and school districts when co-applied with a private developer.
- Since the original act, 223 projects totaling nearly 67,000 units have been proposed, with 24 under construction.
Governor Ron DeSantis signed the fourth iteration of Florida's Live Local Act, House Bill 1389, into law on Friday, reinforcing the state's efforts to increase affordable housing supply. The bill, which takes effect July 1, enhances state control over local zoning regulations and addresses a loophole that had allowed municipalities to effectively block affordable housing developments.
Since the initial Live Local Act in 2023, Florida has been recognized for its use of zoning preemption to boost housing. HB 1389 further tightens these measures, notably by amending the Florida Fair Housing Act. This change stems from a ruling that had previously shielded local governments from discrimination lawsuits related to affordable housing financing. A case involving Coral Rock Development and Pompano Beach highlighted how cities could deny affordable projects based on financing while approving similar market-rate developments.
The new legislation eliminates this barrier, preventing local governments from differentiating projects based on affordable housing funding or designations. It also explicitly waives sovereign immunity, providing developers a direct legal recourse against discriminatory practices. Michael Wohl, principal of Coral Rock, stated that the bill ends the era where affordable housing could be blocked without consequence, and Senator Alexis Calatayud noted it ensures projects are evaluated on merit.
Furthermore, HB 1389 mandates the approval of affordable housing projects on land owned by religious institutions, provided they meet certain criteria, transforming the previous optional "Yes in God's Backyard" program into a requirement. These properties must be over three acres and have hosted public worship for at least 10 years, with at least 40% of units designated as affordable rentals. This unlocks full Live Local benefits, including increased density and height allowances.
The bill also extends eligibility to underutilized public land owned by counties, municipalities, and school districts, requiring co-application with a private developer. Local governments are required participants but cannot block qualifying projects. According to the Florida Housing Coalition, since the law's inception, 223 projects totaling nearly 67,000 units have been proposed, with 24 projects, or 9,400 units, currently under construction.