The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: CS/SB 1730
INTRODUCER: Community Affairs Committee and Senator Calatayud
SUBJECT: Affordable Housing
DATE: April 2, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Fleming CA Fav/CS
2. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1730 amends various provisions of the Live Local Act, passed during the 2023 Regular
Session, related to the preemption of certain zoning and land use regulations to authorize
affordable housing developments. Specifically, the bill:
• Clarifies the application of the zoning preemption by defining “commercial,” “industrial,”
and “mixed-use zoning,” and providing that the preemption applies in areas such as planned
unit developments with different zoning mechanics;
• Prohibits local governments from requiring amendments to developments of regional impact
before allowing development;
• Prohibits local governments from requiring a certain amount of residential usage in mixed-
use developments;
• Clarifies the nature of administrative approval of affordable housing developments;
• Requires local governments to reduce parking requirements, as opposed to considering such
reduction;
• Provides for priority docketing and prevailing party attorneys’ fees in lawsuits brought under
the Live Local Act; and
• Prohibits local governments from imposing building moratoria that would have the effect of
delaying the permitting or construction of affordable housing developments, except in certain
circumstances.
Outside of the Live Local Act, the bill also:
• Amends the evacuation time for the Florida Keys area of critical state concern;
• Enacts a state policy related to public sector and hospital employer-sponsored housing; and
REVISED: BILL: CS/SB 1730 Page 2
• Clarifies that the Fair Housing Act prohibits local governments from discriminating in land
use decisions based on the nature of a development as affordable housing.
The bill takes effect July 1, 2025.
II. Present Situation:
Affordable Housing
One major goal at all levels of government is to ensure that citizens have access to affordable
housing. Housing is considered affordable when it costs less than 30 percent of a family’s gross
income. A family paying more than 30 percent of its income for housing is considered “cost
burdened,” while those paying more than 50 percent are considered “extremely cost burdened.”
What makes housing “affordable” is a decrease in monthly rent so that income eligible
households can pay less for the housing than it would otherwise cost at “market rate.”
1
Lower
monthly rent payment is a result of affordable housing financing that comes with an enforceable
agreement from the developer to restrict the rent that can be charged based on the size of the
household and the number of bedrooms in the unit.
2
The financing of affordable housing is made
possible through government programs such as the federal Low-Income Housing Tax Credit
Program and the Florida’s State Apartment Incentive Loan program.
3
Resident eligibility for Florida’s state and federally funded housing programs is typically
governed by area median income (AMI) levels. These levels are published annually by the U.S.
Department of Housing and Urban Development for every county and metropolitan area.
4
Florida Statutes categorizes the levels of household income as follows:
• Extremely low income – households at or below 30% AMI;
5
• Very low income – households at or below 50% AMI;
6
• Low income – households at or below 80% AMI;
7
and
• Moderate income – households at or below 120% AMI.
8
Zoning and Land Use Preemption for Affordable Developments
The Growth Management Act requires every city and county to create and implement a
comprehensive plan to guide future development.
9
All development, both public and private, and
1
The Florida Housing Coalition, Affordable Housing in Florida, p. 3, available at: https://flhousing.org/wp-
content/uploads/2022/07/Affordable-Housing-in-Florida.pdf (last visited Mar. 26, 2025).
2
Id.
3
Id.
4
U.S. Department of Housing and Urban Development, Income Limits, Access Individual Income Limits Areas – Click Here
for FY 2023 IL Documentation, available at https://www.huduser.gov/portal/datasets/il.html#2021 (last visited Mar.26,
2025).
5
Section 420.0004(9), F.S.
6
Section 420.0004(17), F.S.
7
Section 420.0004(11), F.S.
8
Section 420.0004(12), F.S.
9
Section 163.3167(2), F.S. BILL: CS/SB 1730 Page 3
all development orders
10
approved by local governments must be consistent with the local
government’s comprehensive plan unless otherwise provided by law.
11
The Future Land Use
Element in a comprehensive plan establishes a range of allowable uses and densities and
intensities over large areas, and the specific use and intensities for specific parcels
12
within that
range are decided by a more detailed, implementing zoning map.
13
The Live Local Act (act)
14
preempts certain county and municipal zoning and land use decisions
to encourage development of affordable multifamily rental housing in targeted land use areas.
Specifically, the act requires counties and municipalities to allow a multifamily or mixed-use
residential
15
rental development in any area zoned for commercial, industrial, or mixed-use if the
development meets certain affordability requirements.
16
To qualify, the proposed development
must reserve 40 percent of the units for residents with incomes up to 120% AMI, for a period of
at least 30 years.
Additionally, the local government may not restrict the density or floor area ratio of qualifying
developments below the highest allowed density, or below 150 percent of the highest allowed
floor area ratio, on land within its jurisdiction where residential development is allowed, and may
not restrict the height below the highest currently allowed height for a commercial or residential
development in its jurisdiction within 1 mile of the proposed development or 3 stories,
whichever is higher. Further height restrictions apply where a proposed development is adjacent
to single family residential development.
An application for a development must be administratively approved and no further action is
required from the governing body of the local government if the development satisfies the local
government’s land development regulations for multifamily in areas zoned for such use and is
otherwise consistent with the jurisdiction’s comprehensive plan.
A local government must consider reducing parking requirements for these developments if they
are located within one-half mile of a major transit stop, as such term is the local government’s
land development code, and the major transit stop is accessible from the development.
Additionally, a local government must reduce parking requirements by at least 20 percent if the
development is located within one-half mile of a major transportation hub that is accessible from
the proposed development and has available parking within 600 feet of the proposed
10
“Development order” means any order granting, denying, or granting with conditions an application for a development
permit. See s. 163.3164(15), F.S. “Development permit” includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land. See s. 163.3164(16), F.S.
11
Section 163.3194(3), F.S
12
When local governments make changes to their zoning regulations or comprehensive plans some structures may no longer
be in compliance with the newly approved zoning and may be deemed a “nonconforming use.” A nonconforming use or
structure is one in which the use or structure was legally permitted prior to a change in the law, and the change in law would
no longer permit the re-establishment of such structure or use.
13
Richard Grosso, A Guide to Development Order "Consistency" Challenges Under Florida Statutes Section 163.3215, 34 J.
Envtl. L. & Litig. 129, 154 (2019) citing Brevard Cty. v. Snyder, 627 So. 2d 469, 475 (Fla. 1993).
14
The “Live Local Act”, Ch. 2023-17, Laws of Fla., made various changes to affordable housing related programs and
policies at the state and local levels, including zoning and land use preemptions favoring affordable housing, funding for state
affordable housing programs, and tax provisions intended to incentivize affordable housing development.
15
For mixed-use residential, at least 65 percent of the total square footage must be used for residential purposes.
16
See ss. 125.01055(7) and 166.04151(7), F.S., this analysis section. BILL: CS/SB 1730 Page 4
development (i.e., on-street parking, parking lots, or parking garages). Finally, as it relates to
parking, a local government must eliminate parking requirements for a proposed mixed-use
residential development within an area recognized by the local government as a transit-oriented
development or area.
These zoning and land use provisions do not apply to recreational and commercial working
waterfronts in industrial areas, and only mixed-use residential developments must be authorized
under these provisions in areas where commercial or industrial capacity is exceptionally limited.
The act specifically requires that except as otherwise provided in the act, a qualifying
development must comply with all applicable state and local laws and regulations.
These provisions are effective until October 1, 2033.
Priority Docketing
The Florida Rules of Judicial Administration govern the ways a judge controls a case in terms of
timing and docketing. Some cases that come before a court are deemed priority cases, either
directly in statute, in rule of procedure, or case law. Every judge has a duty to expedite priority
cases to the extent reasonably possible.
17
For these cases judges are tasked with implementing
docket control policies necessary to advance the case and ensure prompt resolution.
18
Docket
control policies include setting deadlines for phases of the case, giving priority to hearings
required to advance the case, and advancing the trial setting. A party in a priority status case may
file a notice of priority status, and has recourse if they believe the case has not been appropriately
advanced on the docket or received priority in scheduling.
19
Florida Keys Area of Critical State Concern
In 1975, the Florida Keys were designated as an area of critical state concern. The designation
includes the municipalities of Islamorada, Marathon, Layton and Key Colony Beach, and
unincorporated Monroe County.
20
State, regional, and local governments in the Florida Keys
Area of Critical State Concern are required to coordinate development plans and conduct
programs and activities consistent with principles for guiding development. Principles include
protecting the environmental resources, historical heritage, and water quality of the Florida
Keys.
21
A land development regulation or element of a local comprehensive plan in the Florida Keys
Area may be enacted, amended, or rescinded by a local government, but such actions must be
approved by the Florida Department of Commerce (“Commerce”).
22
Amendments to local
comprehensive plans must also be reviewed for compliance with several requirements:
17
Fla. R. Jud. Admin. 2.215(g).
18
Fla. R. Jud. Admin. 2.545(b).
19
Fla. R. Jud. Admin. 2.545(c).
20
The City of Key West functions as a separate area of critical state concern, called the City of Key West Area of Critical
State Concern, with similar restrictions. Section 380.0552, F.S.; 2020 Florida Keys Area of Critical State Concern Annual
Report available at https://floridajobs.org/docs/default-source/2015-community-development/community-planning/2015-
cmty-plan-acsc/2020keysacscannualreport.pdf?sfvrsn=51c94eb0_2 (last visited Mar. 26, 2025).
21
For a full list of required considerations, see s. 380.0552(7), F.S.
22
Section 380.0552(9)(a), F.S. BILL: CS/SB 1730 Page 5
construction schedules, financing plans and compliance with construction standards for
wastewater treatment and disposal facilities, and protection of public safety with maintenance of
hurricane evacuation clearance time with standards developed by a hurricane evacuation study
conducted under professionally accepted methodology.
Hurricane Evacuation Clearance Standards in the Florida Keys
The Florida Keys Area Protection Act
23
provides, in part, that comprehensive plan amendments
within the covered area, which includes the majority of Monroe County, must comply with
“goals, objectives and policies to protect public safety and welfare in the event of a natural
disaster by maintaining a hurricane evacuation clearance time for permanent residents of no
more than 24 hours.”
The hurricane evacuation clearance time must be determined by a hurricane
evacuation study conducted in accordance with a professionally accepted methodology and
approved by Commerce.
24
Affordable Housing Financing and Employer-Sponsored Housing Policy
Housing credits are a financial instrument, tax credits, issued through the Low Income Housing
Tax Credit program.
25
After being allocated a certain amount of tax credits by the federal
government based on population and need, the Florida Housing Finance Corporation allocates
the funding to affordable housing developers. There are two types of credits:
• 9 percent credits, which are more valuable and limited. These are competitively bid for and
can typically fund two-thirds of a development’s total cost; and
• 4 percent credits, which are not limited and considered “non-competitive.” These typically
fund one third of a development’s total cost.
The Federal Internal Revenue Service provides requirements for developments that can qualify
as low-income housing for the purpose of administering certain financing such as these tax
credits.
26
One requirement is that, in general, a project be available for general public use.
Exceptions to this requirement permit occupancy restrictions or preferences that favor tenants:
27
• With special needs;
• Who are members of a specified group under a federal or state program or policy that
supports housing for such group; or
• Who are involved in artistic or literary activities.
Fair Housing
The Florida Fair Housing Act
28
prohibits discrimination in housing-related activities, including
the sale, rental, and financing of housing. The law protects individuals from discrimination based
on race, color, national origin, sex, disability, familial status, or religion. The law also
specifically prohibits local governments from discriminatory practices in land use decisions and
23
Section 380.0552, F.S.
24
Section 380.0552(9)(a)2., F.S.
25
Florida Housing Finance Corporation, Housing Credits, available at https://www.floridahousing.org/programs/developers-
multifamily-programs/low-income-housing-tax-credits (last visited Mar. 26, 2025).
26
I.R.C. 42(g).
27
I.R.C. 42(g)(9).
28
Sections 760.20-760.37, F.S. BILL: CS/SB 1730 Page 6
development permitting, including discrimination based on the source of financing of a
development, except as otherwise provided by law.
29
The Act is enforced by the Florida
Commission on Human Relations, which investigates complaints and can seek legal remedies for
violations.
III. Effect of Proposed Changes:
Sections 1 and 2 amend ss. 125.01055 and 166.04151, F.S., related to the administrative
approval of certain affordable housing developments under the Live Local Act. The amendments
are organized below.
Application, Definitions, and Clarity
The bill amends several areas to more clearly define what areas are subject to the provisions of
each statute’s subsection 7, requiring the authorization of certain affordable housing
developments. In an attempt to clarify applicability where traditional zoning is not utilized on a
local level, the bill provides that the provisions apply in portions of any flexibly zoned areas such
as a planned unit development permitted for commercial, industrial, or mixed use.
The bill further provides definitions for “commercial use,” “industrial use,” and “mixed use.”
Each definition is intended to function only for the purposes of the section and meant to apply
regardless of the local regulation’s categorization.
• “Commercial use” is defined as activities associated with the sale, rental, or distribution of
products or the performance of services related thereto. The bill provides examples, and
provides that accessory, ancillary, incidental, or temporary commercial uses are not enough
to make a parcel zoned for commercial use for the purposes of the section. The term does not
include home based businesses or cottage food operations undertaken on residential property.
Additionally, recreational use, such as golf courses and tennis courts, within residential areas
are not considered commercial use.
• “Industrial use” is defined as activities associated with the manufacture, assembly,
processing, or storage of products or the performance of services related thereto. The bill
provides examples and contains the same caveats as under commercial use, including the
exclusion of recreational areas.
• “Mixed use” is defined as any use that combines multiple types of approved land uses from
at least two of the residential, commercial, and industrial categories. The bill contains the
same caveats as above, including the exclusion of recreational areas.
Amendments to Preemptive Provisions
The bill also amends certain functions of the required administrative approval process and
parameters for the scope of the preemption. The bill clarifies on administrative approval that the
action must occur without further action by the governing body of the local government or any
quasi-judicial or administrative board or reviewing body.
The bill further provides that, pursuant to administrative approval, a local government may not
require a proposed multifamily development to obtain a transfer of density or development units,
29
Section 760.26, F.S. BILL: CS/SB 1730 Page 7
or an amendment to a development or regional impact. Additionally, a local government may not
require that more than 10 percent of the total square footage of a proposed mixed-use residential
project be used for nonresidential purposes.
The preemption is amended to say that a county may not restrict the height, density, or floor area
ratio of a proposed development below the highest currently allowed, or allowed on July 1, 2023,
for a commercial or residential building located in its jurisdiction (for height, within 1 mile as
currently provided). The provision of law restricting approved development height for proposed
development adjacent to single-family residential use is similarly amended to be allow the
highest allowed on July 1, 2023, but tempered not to exceed 10 stories.
The parking preemption is amended to require a local government, upon request by the applicant,
to reduce parking requirements for a proposed development by 20 percent if the proposed
development meets any of the criteria considered for parking reduction currently provided by
law. Current law requires the local government to consider reducing parking requirements.
Exempt areas, which currently include only airport-impacted areas and commercial working
waterfronts, are expanded to include the Wekiva Study Area
30
and the Everglades Protection
Area.
31
Counties are further permitted, but not required, to allow an adjacent parcel of land to be
included within a proposed multifamily development authorized under the Live Local Act
preemption, notwithstanding any other law or local ordinance or regulation to the contrary.
Civil Actions Under the Act
The bill contains several provisions related to litigation arising from this subsection of law. The
bill provides that a court shall give any civil action filed against a local government for a
violation priority over other pending cases and render a preliminary or final decision as
expeditiously as possible. Further, the bill provides that the court must assess and award
reasonable attorney fees and costs, not exceeding $200,000, to a prevailing party in such an
action. Attorney fees incurred to determine an award of fees and costs are not recoverable.
Moratoria
The bill creates a new subsection of ss. 125.01055 and 166.04151, F.S., to preempt local
governments from imposing building moratoria that have the effect of delaying the permitting or
construction of a development under subsection (7).
As an exception, a local government may impose such a moratorium by ordinance for no more
than 90 days in any 3-year period after preparing, publishing, and presenting an assessment of
the locality’s need for affordable housing.
The bill provides that, in a civil action filed against a local government under the subsection on
moratoria, the court must assess and award reasonable attorney fees and costs, not exceeding
30
See s. 369.316, F.S. The Wekiva Study Area includes portions of Lake, Orange, and Seminole Counties.
31
See s. 373.4592(2), F.S. BILL: CS/SB 1730 Page 8
$200,000, to a prevailing party in such an action. Attorney fees incurred to determine an award
of fees and costs are not recoverable.
The prohibition on moratoria does not apply to a moratorium imposed due to unavailability of
public facilities or services, or imposed to address storm- or flood-water management, provided
such moratorium applies equally to all types of multifamily or mixed use residential
development.
Section 3 provides that an applicant for a proposed development authorized under ss.
125.01055(7) or 166.04151(7), F.S., who submitted documentation before July 1, 2025, may
proceed under the provisions of law as they existed at the time of submission, or notify the local
government of their intent to revise their submission to account for the changes made by the bill.
Section 4 amends s. 380.0552, F.S., to amend the hurricane evacuation clearance time which
subject local governments must base comprehensive planning around from twenty-four to
twenty-six hours. Section 5 provides that the intent of the Legislature in this amendment is to
accommodate the building of additional developments to ameliorate the acute affordable housing
and building permit allocation shortage. The Legislature thereby intends that local governments
manage growth authorized by the amendment with a focus on long-term stability and affordable
housing for the local workforce.
Section 6 creates s. 420.5098, F.S., to institute a state housing policy on public sector and
hospital employer-sponsored housing. The bill provides that it is the policy of the state to support
housing for employees of hospitals, health care facilities, and governmental entities and to allow
developers using low-income housing tax credits and other sources of funding to create a
preference for housing for such employees. However, such preference must conform with the
requirements provided under federal law.
Section 7 amends s. 760.26, F.S., to provide that it is unlawful to discriminate in land use
decisions or in the permitting of development based on the nature of a development or proposed
development as affordable housing, except as otherwise provided by law.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None. BILL: CS/SB 1730 Page 9
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 125.01055,
166.04151, 380.0552, and 760.26.
The bill creates an undesignated section of Florida law.
This bill creates the following section of the Florida Statutes: 420.5098.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Community Affairs on March 31, 2025:
The committee substitute revises sections of the bill related to the preemption of certain
zoning and land use regulations under the Live Local Act, specifically:
• Removes a prohibition on requiring amendments to development agreements and
restrictive covenants; BILL: CS/SB 1730 Page 10
• Provides that the authorized height for a proposed development may use the density
or floor area ratio allowed on July 1, 2023;
• Provides a cap of 10 stories for developments adjacent to residential development;
• Clarifies parking reduction requirements;
• Provides exceptions for the Wekiva Study Area and the Everglades Protection Area;
• Revises attorney fee provisions to favor the prevailing party, rather than plaintiff;
removes reference to damages;
• Increases maximum attorney fee award from $100,000 to $200,000
• Clarifies zoning definitions; and
• Provides that a local government may, but is not required to, permit development on
adjacent properties to proposed developments authorized under the Live Local Act.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.