Religious or school properties may qualify for development under certain conditions.
ST. PETERSBURG, Fla. — New rules could reshape how housing is built in Florida if approved by the governor.
State lawmakers voted to expand where developers can build affordable housing through an updated version of the Live Local Act. Originally passed in 2023, it allows certain zoning or density rules to be bypassed in some areas as long as 40% of residential units are deemed affordable. Developers are given tax breaks as an incentive to meet the affordable housing requirement.
Religious properties could now be used for affordable housing under certain conditions through the Live Local Act. Dubbed “Yes in God’s Backyard,” the change allows religious institutions to develop their land to generate funding if certain conditions are met.
Government and school board-owned land may also qualify through the Live Local Act.
“It was really cutting a new path in land use in Florida, and it was doing things in a way that we had not seen before,” Jake Cremer, Barbas Cremer, PLLC managing partner, said.
The move, however, comes weeks after Hillsborough County commissioners filed a lawsuit against the state, citing the law as unconstitutional. Critics have argued that the legislation strips local governments of control.
Supporters have shared that the law allows developers to speed up how quickly housing is built at a time when an affordable housing shortage exists. Supporters have also shared sentiments that local governments are not doing enough to help create more affordable housing.
Critics, including William Kilgore of the St. Pete Tenants Union, argue that developers don’t have the best interests of residents in mind. Kilgore, who delivers food for a living and has been a Pinellas County resident for at least a decade, said affordability remains a top concern for many.
“It just makes it harder for local governments, local communities to step in if a developer’s doing something they don’t like,” Kilgore said.
At least 6,700 units are under construction through the Live Local Act, according to the Florida Housing Coalition. Around 16% of the projects are in Hillsborough and Pinellas counties.
Cremer said a provision in the law also provides a reduction in certain types of taxes to the owners of affordable housing.
“We have a housing crisis,” Cremer said. “The problem is big enough. We need to try new solutions, and that’s why we have Live Local.”
In the meantime, critics like Kilgore said he questions how affordable housing can truly be.
“We see it as just a big handout bill for developers. It’s a sweetheart deal. They’re just able to get tax breaks, you know, and certain deregulations to build this so-called affordable housing,” Kilgore said.
If signed by Gov. Ron DeSantis, the new rules would take effect July 1.