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Legislative Changes 2023-07-01 Florida (statewide)

SB 102 — The Live Local Act

Allows multifamily development at commercial zoning intensity by right when affordability thresholds are met. Preempts local comprehensive plan restrictions on height and density for qualifying projects. Requires that at least 40% of units be set aside as affordable at specified AMI levels.
Added 2026-04-09 by claude
Why it matters for developers
The foundational statute. If you're building multifamily in Florida, this is the single most important piece of legislation to understand. It fundamentally changes where density can go by decoupling residential intensity from residential zoning.

What SB 102 Does

The Live Local Act (Florida Statute §420.5095) creates a by-right development pathway

for multifamily housing on any parcel zoned for commercial, industrial, or mixed use —

regardless of what the local comprehensive plan says about residential density.

Key Provisions

Height and Density: A qualifying project may be built at the highest density and

intensity permitted for commercial or industrial use within the same jurisdiction. This

means a developer can look at the tallest commercial building allowed anywhere in the

city and build to that height on a qualifying site.

Affordability Requirements: At least 40% of units must be rented at or below the

applicable income limits. The specific AMI thresholds (80%, 100%, or 120% of Area

Median Income) determine the level of preemption.

Administrative Approval: Qualifying projects cannot be denied or subjected to

conditions that would have the effect of denying the project. The approval pathway

is administrative — no public hearings required.

Property Tax Exemption: Qualifying units receive a property tax exemption on the

affordable portion, improving project economics.

What It Does NOT Do

  • Does not override building code, fire safety, or environmental regulations
  • Does not eliminate site plan review (municipalities can review for code compliance)
  • Does not apply to single-family or townhome development
  • Does not guarantee financing or construction feasibility
foundational preemption affordability by-right density