In the later operations of the session, the state legislature exempted the large range of environmentally sensitive Central Florida lands from laws encouraging the development of affordable housing.
New protections in the Wekiva survey area, which were unanimously approved last week and headed to Governor Ron Desantis for review, headed to Governor Ron Desantis, according to a report from GrowthSpotter.
The Live Local Act, adopted in 2023 in response to the state’s affordable labor housing shortage, requires cities and counties to approve cities and counties in areas already zoned for commercial, industrial, or mixed use if they meet the guidelines for middle-income households. The bill also created a tax exemption in favor of developers and landlords who agreed to keep rents below the market rate.
However, since its passing, local governments and housing developers have been squared for details.
The new law (SB1730) allows local governments to block affordable housing projects in the Wekiba Research Area, a huge land spanning more than 200 square miles in parts of Lake, Orange and Seminole counties. This is one of two environmentally sensitive areas in the state. Another is the Everglades Conservation Area, which will no longer apply to the Live Local Act regulations after July 1st.
Seminole County Commissioner Lee Constantine said the developers tried to build a 300-unit apartment on the property on the corner of Orange Boulevard on Orange Boulevard using local government, and in the new rules they quietly worked with Sen. Alexis Karatayudo and Miami Republican Sen. Vicki Lopez, who sponsored the bill. The language was amended to the bill in early April.
However, the new language is not retroactive, so apartment proposals may be able to go ahead, but Constantine said he hopes the developers will step backwards.
“We’ve seen a lot of people in the world,” said Constantine, a former state legislator who sponsored the Wekiva Parkway and Protection Act of 2004. He told Growthspotter that it would make no sense to allow high-density housing projects without local input. On the land, the state spends millions of dollars to protect against overdevelopment.
Lake County County Commissioner Leslie Campione said the exemption was “important for the protection of the Wekiba Basin, given the hydrological sensitivity of the area and the connectivity of the study area to Wekiba Springs and Rock Springs.”
In other parts of the state, the bill encourages more affordable housing by creating planned developments, state-owned land and land owned by religious organizations eligible for local live projects. It prohibits cities and counties that pass policies or local ordinances restricting live local projects, as adopted by several jurisdictions after the law came into effect.
Bobby Anderson, managing director of Alliance Residential, said the change was necessary as local officials are seeking to undermine the law.
“I think the reality is that the nation gets it — we have a housing crisis,” Anderson said. “And the state is right or wrong, loves the bill and hates it – they are moving their best feet forward to actually trying to take up what local municipalities have tried to move forward with this bill.
Amanda White, VP of the Florida Apartments Association, said SB 1730 has taken a surgical approach to addressing key areas of the bill and clearly states what local governments can and cannot do.
“I think the important takeaway there needs to be really clear to draw a bright line about what became clear after the first passing of local life and how the state was meant to implement statewide when it started to be implemented.
Orange County has set up a policy that prohibits live local projects from being approved on PDS, limiting the height and density of live local projects in proximity to single-family homes. Minneola’s similar ordinance set the maximum density of live local projects at 8 units per acre, effectively preventing apartment development.
“Orange County said the planned development was not permitted on the zoning side of this and no one agreed with their ruling at the time,” Anderson said. “And now it appears that the state is trying to specify that if your planning development has a commercial or office it is eligible for (Live Local).”
Separate laws that should have restored the profitable tax incentives for moderately income housing are pending on local local laws, with the House and Senate hashing tax reform packages that shift revenues from the 2025 budget and state tourism development taxes to pay property taxes.
Editor’s Note: This article was updated to clarify that the City of Orlando does not limit live local projects in planned developments.
Any tips on developing Central Florida? Please contact me at lkinsler@growthspotter.com or (407) 420-6261. Follow GrowthSpotter on Facebook and LinkedIn. Sentinel staff writer Martin Koma contributed to the story.
Original issue: May 6, 2025 6am Edit
