Live Local Act

 

What is the Live Local Act?

The Live Local Act, effective July 1, 2023, addresses affordable housing needs through a variety of incentives, land use policies, publicly owned land tools, and other strategies.

The Live Local Act can be read in full here:

Chapter 2023-17, Laws of Florida (CS/SB 102 (2023))

Chapter 2024-188, Laws of Florida (CS/CS/SB 328 (2024))

Chapter 2025-172, Laws of Florida (CS/CS/SB 1730 (2025))

Land Use Tools

The Act requires local governments, for a ten-year period, to allow multi-family and mixed-use residential development, through administrative approval, in any area zoned commercial, industrial, or mixed-use if at least 40 percent of the units are affordable to income-eligible households for at least 30 years. 

The Act also applies to any parcel, including any contiguous parcel connected thereto, which is owned by a religious institution as defined in s. 170.201(2) which contains a house of public worship, regardless of underlying zoning, so long as at least 10 percent of the units included in the project are for housing that is affordable.

As of July 2025, the following entitlements are provided to any eligible affordable housing developments in commercial, industrial, or mixed-use in Flagler County:

Use: Multi-family administratively approved in commercial, industrial, or mixed-use with at least 40 percent of the units to serve income eligible households.

Density: Highest density allowed on any land within the County: 10 units per acre.

Height: Highest currently allowed for a commercial or residential development within 1 mile of the proposed development or 3 stories, whichever is higher.

Floor Area Ratio: 150 percent of the highest currently allowed FAR in subject zoning designations.

Exceptions: Properties that are defined as recreational and commercial working waterfront in any area zoned industrial, properties that are in any “airport-impacted areas” as provide in F.S. 333.03, or any properties that are within ¼ mile of a military installation are not subject to administrative approval.

Tax Exemptions

  1. The “Missing Middle” property tax exemption is applicable to newly constructed multifamily developments of over 70 units that serve up to 120 percent AMI and provides the tax exemption for all affordable units. Units that serve households from 80-120 percent AMI receive a 75 percent tax exemption and units that serve households below 80 percent AMI receive a 100 percent tax exemption.

  2. The Act also authorizes cities and counties to implement additional property tax exemptions to developments with 50 or more units that set aside at least 20 percent of its units as affordable housing to households making 60 percent or below AMI. At this time, Flagler County has not utilized this tool.

Where Do I Start?

To take advantage of the expedited process using the Live Local Act, submit our Site Development  - Live Local application through our online application portal. Upon intake, the Staff will expedite the processing of your application once deemed it qualifies under the Act.

All Live Local Act projects must submit the Declaration of Covenants and Restrictions(PDF, 412KB) providing that at least 40 percent of the residential units are, for a period of 30 years, affordable as defined in s.420.0004, Fla. Stats., subject to maintenance, monitoring, and enforcement. 

Additional Information

Public Land for Affordable Housing - In compliance with Section 166.045(1), Florida Statutes, Flagler County’s Public Lands identified as suitable for affordable housing can be found here.

More detailed information related to the Live Local Act and Funding Mechanisms can be found through the Florida Housing Finance Corporation.

 

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