The Florida Legislature made a huge move to strip away more zoning and land use power from local governments in the name of affordable housing, but this time, the affordable component is lacking.
The Infill Redevelopment Act, sponsored by state Sen. Alexis Calatayud, would strip local governments of their power to block housing on recreational sites such as golf courses, tennis courts, swimming pools and clubhouses.
The legislation, which sailed through the Florida Senate and House of Representatives back in March, is awaiting the signature of Gov. Ron DeSantis to become law, Housing Wire reported.
The wording of the legislation specifically targets Miami-Dade, Broward and Palm Beach counties. To qualify, parcels must be at least 5 acres and located in counties with nearly 1.5 million residents and at least 15 municipalities.
Developers would need only staff-level administrative approval to redevelop qualifying sites, bypassing the public hearing process.
The act would only apply to recreational sites that have been closed for at least a year, and developers must agree to pay double the standard parks and recreation impact fees.
It gives neighboring property owners the right of first refusal to purchase the land, however. Developers would be required to send notice by certified mail to all adjacent property owners. That would trigger a 90-day window during which neighbors could buy the property.
The legislation is Tallahassee’s latest power grab aimed at local zoning and land-use laws. The idea is that it would eliminate the expense of local approval, and those savings would trickle down to tenants or buyers.
But it doesn’t come with an affordability mandate.
Legal experts warn the legislation is asking to be challenged legally, but lawsuits haven’t stopped Florida’s political leaders from doubling down on the Live Local Act.
That law, passed in 2023, allows developers to bypass local approval and build to the highest allowed density in the municipality and match the height of the tallest building within 1 mile. Under Live Local, developers must reserve 40 percent of units for workforce housing, which is for residents earning no more than 120 percent of the area median income.
The village of Bal Harbor is among the Florida municipalities resisting Live Local.
Bal Harbor rejected Whitman Family Developers’ plan to redevelop the Shops at Bal Harbor with three 275-foot-tall buildings with 600 residential units and a 70-key hotel, after it sparked major uproar in January 2024.
Whitman sued, claiming the village retroactively implemented zoning changes and restrictive floor-area ratios to stall the project. Florida Attorney General James Uthmeier stepped into the case last month, writing a letter to the judge in favor of Whitman’s right to develop and accusing the village of “systematically obstructing” a project that met all state criteria.
—Rachel Stone