R9X - Propose Live Local Act Amend

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DISCUSS/TAKE ACTION TO PROPOSE AMENDMENTS TO THE LIVE LOCAL ACT, IN ORDER TO AUTHORIZE MIAMI BEACH (AND OTHER SIMILARLY SITUATED CITIES AND COUNTIES IN FLORIDA) TO ADOPT WORKFORCE HOUSING INCENTIVES THAT ADDRESS THE CITY’S CRITICAL HOUSING NEEDS IN A MANNER THAT IS MORE CONTEXTUALLY APPROPRIATE, AS AN ALTERNATIVE TO THE ZONING PREEMPTIONS IN THE LIVE LOCAL ACT.  

September 3, 2025
Sponsors
Commissioner Joseph Magazine
Commissioner Joseph Magazine

Detailed Information

Cached: 2 days ago

Discussion Items - R9 R9X

COMMISSION MEMORANDUM

TO:
Honorable Mayor and Members of the City Commission
FROM:
Commissioner Joseph Magazine
DATE:
September 3, 2025
TITLE:
DISCUSS/TAKE ACTION TO PROPOSE AMENDMENTS TO THE LIVE LOCAL ACT, IN ORDER TO AUTHORIZE MIAMI BEACH (AND OTHER SIMILARLY SITUATED CITIES AND COUNTIES IN FLORIDA) TO ADOPT WORKFORCE HOUSING INCENTIVES THAT ADDRESS THE CITY’S CRITICAL HOUSING NEEDS IN A MANNER THAT IS MORE CONTEXTUALLY APPROPRIATE, AS AN ALTERNATIVE TO THE ZONING PREEMPTIONS IN THE LIVE LOCAL ACT.

RECOMMENDATION

I would like the City Commission to consider proposing amendments to the Act that give cities and counties like Miami Beach the authority to adopt our own zoning incentives for workforce housing.

BACKGROUND/HISTORY

In 2023, the Florida Legislature enacted SB 102, known as the Live Local Act (the “Act”), which established a statewide framework to incentivize the development of workforce housing in Florida. The Act preempts certain local land development regulations for qualifying projects, including building height, floor area ratio (“FAR”), density (regulated in Miami Beach as dwelling units per acre), and parking. As to qualifying projects, the Act also preempts certain aspects of the City’s development review process, including approval by the Design Review Board or Historic Preservation Board. The Act was subsequently amended in 2024 and 2025 to further expand these incentives.

I share in the Legislature’s goal to increase the supply of workforce housing. However, the State’s one-size-fits-all approach fails to address the City’s housing needs in a manner that is sensitive to our unique community, which is burdened by traffic congestion, aging infrastructure, and a lack of housing for growing families.

For that reason, I would like the City Commission to consider proposing amendments to the Act that give cities and counties like Miami Beach the authority to adopt our own zoning incentives for workforce housing. This could include amending State law to allow cities and counties to “opt out” of the zoning preemptions in the Act by adopting our own incentives that meet certain minimum requirements.

To be successful in Miami Beach, any workforce housing incentive must address the housing needs of the City’s residents and employees who work in Miami Beach; preserve the general scale and context of our existing neighborhoods; and ensure we have sufficient infrastructure capacity.

ANALYSIS

FISCAL IMPACT STATEMENT

N/A

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?

Is this item related to a G.O. Bond Project?

No

No

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

Office of Commissioner Joseph Magazine

Sponsor(s)

Commissioner Joseph Magazine

Co-sponsor(s)

Condensed Title

Discuss Possible Alternatives to Live Local Act. (Magazine)

Previous Action (For City Clerk Use Only)

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