Information on the Live Local Act created by the Florida legislature
What is the Live Local Act?
The Live Local Act was created by Senate Bill 102 and became effective on July 1, 2023. Section 3. of the Live Local Act (the Act) created new subsection (7) in Section 125.01055, Florida Statutes, which relates to affordable housing.
The statute allows a development project to preempt established density, height, and allowable uses to increase the availability of affordable housing. The act provides for administrative approval of residential and mixed-use multifamily rental developments in which at least 40 percent of the residential units are, for a period of at least 30 years, affordable as defined in Florida Statutes.
Live Local Act projects must still adhere to all other limitations and requirements contained in Hillsborough County’s Comprehensive plan and Land Development Code regulations for multifamily developments in areas zoned for such use.
As this is a new program, please check back often for new information as we gather experience and clarification regarding these new guidelines.
What are the general characteristics and requirements for a project to qualify under the Live local Act in Hillsborough County?
Land to be developed must be currently zoned for commercial uses (zoning categories BPO, OR, CN, CG, CI), industrial uses (M) or mixed-use. Portions of Planned Developments (PDs) that allow commercial uses, industrial uses or mixed-use qualify.
Development types allowed on proposed land are multifamily rental and mixed-use multifamily rental projects with at least 65% of total square footage used for residential purposes.
Highest allowed density on any land in unincorporated Hillsborough County where residential development is allowed, which is 35 dwelling units per acre.
Highest currently allowed height for a commercial or residential development located in unincorporated Hillsborough County within 1 mile of the proposed development or 3 stories, whichever is higher.
Parking must be in accordance with the County’s Land Development Code which includes options for considering alternative parking standards.
Must satisfy the County’s Land Development Code regulations for multifamily developments in areas zoned for such use and otherwise be consistent with the Comprehensive Plan, with the exception of provisions establishing allowable densities, height and land use.
At least 40 percent of the residential units shall be designated as affordable housing, as defined in Florida Statutes, for a period of at least 30 years subject to a Land Use Restriction Agreement (LURA).
What is the process for a Live Local Act project in Unincorporated Hillsborough County?
Obtain an approved Live Local Act Verification from the Development Services Department (DSD).
Property owner engages with the Affordable Housing Services Department (AHS) by emailing vallecillab@hcfl.gov to execute a Declaration of Covenants and Restrictions Land Use Restriction Agreement (LURA).
AHS sends confirmation memo to DSD.
Property owner submits a site development application to DSD as required by the County’s Land Development Code and Development Review Procedures Manual.
Once the Live Local Act project receives final site development construction plan approval, LURA is signed by the County and recorded.
A fully executed and recorded LURA will be a checklist item required for release of approved site development construction plans and authorization to begin development activity as provided in the approved plans.
DSD notifies AHS when the project has been completed and a Certificate of Occupancy is issued.
AHS will begin monitoring the project for compliance with the LURA.