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CS/HB 1389 (Redondo) amends the Live Local Act and the Florida Fair Housing Act. The bill was amended in the House Commerce Committee yesterday, February 24.
The amended bill does the following:
- Expands the Live Local Act to include parcels greater than three acres owned by a church with a public house of worship on it for at least five years. The house of worship must continue on the property after the development is constructed. The parcels may be located in residential areas, which means high-density, high-rise apartments could be built right next to single-family homes.
- Prohibits local governments from applying setback or step-back requirements to a Live Local Act project that exceeds the minimum setbacks and step-backs applicable in the underlying zoning district. The current Live Local Act requires application of setbacks that apply to other multi-family and mixed-use developments. That will no longer be the case. The only setbacks and step-backs that would apply under this amendment are those for industrial or mixed-use buildings, which are inappropriate for a mixed-use or multifamily project.
- Effectively eliminates the ability of a local government to opt out of the multifamily housing property tax exemption, even if there is not a shortage of affordable housing in the jurisdiction.
- Note: Elimination of the Live Local Act opt-out is also included in SB 7046PB (Finance and Tax), the Senate Tax Package.
- Mandates Accessory Dwelling Units (ADU) in all residential areas, with no prohibition of its use as a short-term rental. For cities that have problems with short-term rentals, this bill could double these headaches.
The bill is now available for the House Calendar for consideration by the full House.
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