Miami officials on Thursday unanimously approved a measure allowing the city to challenge Florida’s developer-friendly Live Local Act.
The measure, sponsored by City Commissioner Damian Pardo and co-sponsored by Commission Chairwoman Christine King, directed the city attorney to explore pathways to contest the law and authorizes him to take legal action.
Signed by Gov. Ron DeSantis in 2023, the Live Local Act offers tax breaks and zoning incentives to developers that build projects with below market-rate housing, The Real Deal previously reported. While it was celebrated for its expansion of affordable housing, some are concerned it undermines city authority and harms local communities.
In the Thursday meeting, Miami Director of Planning David Snow said the Live Local Act undercuts Miami 21, a zoning code that established development standards and procedures in the city.
Miami 21 was adopted in 2009 after a five-year planning process and aims to promote walkability and efficient land use, encouraging compact development in transit-oriented areas and protecting residential spaces, Snow said.
Under Miami 21, projects over 200,000 square feet must go before the Urban Development Review Board or the Wynwood Design Review Board. The Live Local Act overrides this process, Snow said.
The act allows developers to build as many as 1,000 units per acre and match the height of the tallest building within a 1-mile radius, bypassing zoning changes and the standard review process, Snow said.
Commission Chairwoman Christine King said she’s long been an opponent of the Live Local Act, arguing it doesn’t consider Miami’s historic neighborhoods and is “not good policy” for the community.
Another commissioner said in the meeting the act puts Miami in a “precarious situation” by allowing developments that the city has “no control over.”
City Commissioner Ralph Rosado said that while he’s been critical of the Live Local Act, he acknowledges the need for workforce housing and isn’t ready to “throw the baby out with the bathwater just yet.”
The city attorney will explore the available legal options and report back to the commission, which will decide how aggressively to proceed.
Some cities have already taken their shot at the law. Hollywood won its lawsuit against Condra Property Group in March, opening a potential loophole in the law. Hillsborough County sued the state in the same month, claiming the law violated the Florida Constitution.
There are 82 Live Local projects permitted in Miami, according to Miami’s director of planning. Two of them are currently under construction.
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