Dear Colleagues and Friends,

The 2025 Florida Legislative Session commenced on Tuesday, March 4, with over 1,800 pieces of legislation filed. During the 60-day session, many of these bills will be considered, potentially impacting your business or industry in various ways. 

Each week, the Rotunda Report will provide a high-level summary of what occurred in Session during the prior week. A practicing attorney in the related industry will also provide a deeper analysis of a single piece of legislation in our Legislation Spotlight. In Week 8’s Legislation Spotlight, Stearns Weaver Miller attorneys Brian McDonough and Nicole Neugebauer MacInnes revisit the companion affordable housing bills making the most significant changes to the Live Local Act. 

Week 8 Recap & Week 9 Preview

Per recent remarks by Senate President Albritton and House Speaker Perez, the budget will not be finalized within the normal 60-day Session timeframe. The Senate and House are still reconciling significant differences in both the final budget and tax policy. The Senate’s latest offer to the House included $1.3 billion in recurring tax relief and $1.5 billion in non-recurring tax cuts, along with local tax relief. However, the House believes a permanent reduction in the state sales tax, from 6% to 5.25%, would deliver the greatest long-term relief to Floridians, and ensure that Florida remains fiscally responsible. 

Though the budget will not be finalized by May 2, it is anticipated that the Senate and House will stay for the full 60-days to finish passing substantive legislation before leaving and returning to pass a budget later in May. A number of bills previously discussed in the Rotunda Report that are on the verge of passing both chambers include: 

• Wetland Mitigation Bank Credits: SB 492 filed by Senator McClain and companion HB 1175 filed by Representative Duggan seek to address wetland mitigation bank credit deserts in Florida. 
• Emergency Preparedness and Response: SB 180 filed by Senator DiCeglie and HB 1535 filed by Representative McFarland address Florida’s statewide and local responses to emergency and natural disasters. 
• The Repeal of the Customary Use Statute: SB 1622 filed by Senator Trumbull and HB 6043 filed by Representatives Andrade and Abbott seek to repeal the customary use statute.
• Land Development Regulations: SB 1080 filed by Senator McClain and HB 579 filed by Representative Overdorf seek to create uniform requirements for local governments to process development permits and orders and to ensure that local governments adequately respond to applicants in a timely manner. 
• Accessory Dwelling Units: SB 184 filed by Senator Gaetz and HB 247 filed by Representative Conerly focus on expanding accessory dwelling units, homestead exemption eligibility and addressing workforce housing needs. 

Legislation Spotlight:

Live Local 3.0

Brian McDonough & Nicole Neugebauer MacInnes

House Bill 943 filed by Representative Lopez and Senate Bill 1730 filed by Senator Calatayud represent the latest legislative effort to fine-tune Florida's affordable housing framework and broaden land development regulations. Together, these bills seek to address implementation challenges that have emerged with the Live Local Act’s land use preemptions and tax incentives. The two bills have changed significantly since Session commenced, but are expected to be aligned upon final adoption. 

Just two years ago, the Live Local Act represented a landmark shift in Florida's approach to affordable and workforce housing development. It has been described as the most aggressive state-level housing reform effort in the nation. As we detailed in our initial analysis, Senate Bill 102 (2023) introduced groundbreaking incentives for affordable and workforce housing development, including preemptions against certain local government regulations. 

The Act underwent significant amendments in early 2024 through Senate Bill 328, summarized here. These amendments refined several provisions and addressed concerns raised by local governments and stakeholders during the initial implementation phase of the Live Local Act. However, for the development industry, the amendments were a mixed-bag of both positive and negative changes.

During the 2025 Legislative Session, and following the revisions in 2024, additional refinements were deemed necessary. Key provisions that HB 943 and SB 1730 address include: 

• Authorizing local governments to approve affordable housing on parcels containing a house of worship owned by a religious institution. 
• Including the demolition of a building under the administrative approval process when associated with a Live Local Project. 
• Clarifying the definition of floor area ratio to include lot coverage. 
• Defining zoning classifications for commercial, industrial, and mixed use. 
• Clarifying that flexibly zoned areas, such as planned unit developments, qualify for development under the Live Local Act. 
• Creating a private right of action to challenge a local government when a violation of the Live Local Act occurs. 
• Creating the Public Sector and Hospital Employer-sponsored Housing Policy under Chapter 420. 
• Clarifying that the Florida Fair Housing Act’s application to affordable housing projects. 

The Senate unanimously passed SB 1730 on April 16, 2025; HB 943 is expected to be voted on by the House during Week 9 of Session. As there are still a few differences between the bills, the final versions could be slightly revised before being sent to Governor DeSantis for final approval. 

Stearns Weaver Miller will continue to monitor all aspects of Florida affordable housing legislation, including the proposed bills above, as the 2025 Florida Legislative Session continues.