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Legislative Changes 2024-07-01 Florida (statewide)

SB 328 — 2024 Live Local Act Amendments

Major amendments clarifying and refining the Live Local Act. Extended the affordability period to 30 years, tightened rent calculation methodology, added mixed-use eligibility criteria, and gave municipalities limited design review authority over qualifying projects.
Added 2026-04-09 by claude
Why it matters for developers
SB 328 closed several loopholes developers were exploiting and gave municipalities some design-review teeth. If you're working on a Live Local project, the 30-year affordability covenant and design review provisions directly affect your underwriting and site planning.

Key Changes in SB 328

Affordability Period

Extended from the original (ambiguous) term to a firm 30-year affordability covenant

recorded against the property. This is a material change for developers — the restricted

rent period now exceeds most hold period assumptions.

Rent Calculation

Tightened the methodology for calculating maximum rents. Rents must be based on the

applicable AMI for the county where the project is located, using HUD's published

income limits. Eliminated the ability to use metropolitan statistical area (MSA) figures

that could inflate allowable rents.

Design Review

Municipalities may now impose objective design standards on Live Local projects,

including setbacks, facade articulation, ground-floor activation, and landscaping.

However, these standards cannot have the effect of reducing density, height, or

unit count below what the statute permits.

Mixed-Use Eligibility

Clarified that sites with existing commercial use may still qualify for Live Local

development, provided the affordable housing component meets all thresholds.

Impact Fees

Projects meeting Live Local affordability thresholds are exempt from local impact

fees for the affordable units.

amendment affordability design review 30-year covenant rent calculation