Buried in Florida House Bill 1389 is a provision that, in a way, removes protections that local governments have in lawsuits filed against them.
The bill, recently signed into law by Gov. Ron DeSantis, expands the definition of a “person” under the fair housing section of the law. A person now also includes agencies, government entities and other legal or commercial entities, a move that is meant to discourage cities and other local governments from challenging Live Local Act applications.
If the court finds that a person (or, ahem, a city or county) has engaged in a discriminatory housing practice, the court has to issue an order banning that practice and providing relief to the plaintiff.
Developer Michael Wohl, a principal of Coral Rock Development Group, lost a case against Pompano Beach on appeal over an affordable housing development in the city, prompting him to take the issue to the state’s Supreme Court, and when that didn’t go his way, he worked to have the law changed so that cities or counties can’t block affordable or workforce housing developments using sovereign immunity as a defense. Sovereign immunity is a legal doctrine that protects governments without their explicit consent.
“We’re proud we spent a lot of time and money getting this done,” including hiring lobbyists and meeting with legislators, Wohl told me. “It was very important to me that no one ever experienced this again.”
The Live Local Act tweak bill expands which sites qualify, to include land owned by counties, municipalities, school districts and certain religious institutions, regardless of zoning. It requires local governments or school districts that own the land to be parties to project applications, imposes similar requirements on religious institutions while requiring houses of worship to remain in operation. The bill also bars counties from using setbacks or stepbacks to effectively limit building height, among other things.
Live Local incentivizes developers who set aside at least 40 percent of their residential units in a project to households earning up to 120 percent of the area median income. Local governments are required to administratively approve these projects so long as they meet the criteria. The incentives include height and density bonuses, tax and parking breaks.
The state has continued to expand Live Local since it was passed in 2023, stripping local municipalities of their authority.
The latest reforms come at a time when some South Florida cities are trying to challenge the workforce housing law, or continuing their fights against specific projects. Late last month, the Miami City Commission unanimously approved a measure directing its city attorneys to explore legal challenges to Live Local.
Wohl touted other aspects of the tweak bill, like the inclusion of school district land. As public school districts announce closures due to the expansion of the state’s voucher system, these sites could become mixed-use developments with workforce or affordable housing targeting teachers, he said.
What we’re thinking about: The Toledanos’ (BH Group) reach continues to expand in South Florida, with a planned redevelopment of the Hollywood Beach Resort. With more projects typically come more lawsuits: we reported on a business-turned-personal dispute Isaac Toledano is tied up in with a former partner. Where does the firm go from here? Send me a note at kk@therealdeal.com.
CLOSING TIME
Residential: A trust paid $35 million on a likely teardown — a more than 5,700-square-foot home — at 350 Island Road in Palm Beach. The sellers were Jane Smith’s heirs. Smith died earlier this year at the age of 107. The sale breaks down to $6,100 per square foot. The home has five bedrooms and six and a half bathrooms. Todd Peter with Sotheby’s International Realty had the listing, and Crista Ryan with Tina Fanjul Associates brought the buyer.
Commercial: In Pompano Beach, masonry supplier Oldcastle APG South sold its property at 1590 North Andrews Avenue for $23.1 million. An affiliate of Stamford, Connecticut-based Jadian IOS, which invests in outdoor storage properties, sold the 35,100-square-foot Pompano Beach property for about $660 per square foot.
— Research by Mary Diduch
NEW TO THE MARKET
A James Bond-inspired estate in the gated Stone Creek Ranch neighborhood near Boca Raton hit the market for $85 million. The nine-bedroom, 22,400-plus-square-foot mansion at 16121 Quiet Vista Circle was developed by Aldo Stark and is his personal home. It sits on a 2.5-acre lot and is listed with Douglas Elliman’s Senada Adzem. The lakefront property, called Villa Skyfall, includes a poker lounge accessible via a hidden door, a home theater, indoor pool, Himalayan salt room, spa, steam room, sauna and gym; a 95-foot pool, waterfalls, cabanas, pickleball court and soccer field.
A thing we’ve learned
Developers plan to add more than 8,600 apartments to more than half a dozen malls and shopping centers across South Florida. Check out our roundup and map outlining these projects here.