In addition to local incentives and programs, the Florida legislature passed what is commonly referred to as 'The Live Local Act'. This Florida Statute went into effect on July 1, 2023, and was subsequently amended in May 2024. It contains policies aimed at assisting with the development of affordable housing in Florida through incentives such as providing funding opportunities, land use preemptions, tax incentives, and more.
The minimum criteria that must be met to be eligible for the Live Local Act incentives include the following:
- Must be located within commercial, industrial, and/or mixed-use zoning districts.
- At least 40% of units are affordable for households up to 120% AMI.
- If mixed-use, at least 65% of total square footage is residential.
- Affordability must remain for a minimum of 30 years.
The City's Growth Management Department has developed an online tool to assist in identifying areas within City limits that may qualify for the Live Local Act.
A project that wishes to become eligible for the Live Local Act incentives must contact the Growth Management Department to apply at 850-891-7100, option 4, or at zoning@talgov.com.
Once a project is determined eligible, the Growth Management Department will be able to approve the following land use incentives:
- Allow development of multifamily residential, or mixed-use, in all commercial, industrial, or mixed-use zoning districts without a zoning or land development change.
- Allow a development to utilize the maximum density allowed of any zoning district within the city limits. Currently, the highest density permitted within the City limits is 150 units/acre.
- Developments that are also eligible for the City's 25% density increase, may be able to utilize a maximum density of up to 187 dwelling units/acre.
- Developments proposed where residential is currently allowed may increase the intensity requirements to 150% of the highest currently allowed intensity standard in the City.
- Allow a development to utilize the same height standards as any applicable zoning district within one mile of the development, or 3 stories, whichever is higher. The maximum height can be utilized without requiring a Tallahassee Land Development Code change, Comprehensive Plan change, or Commission approval. The Growth Management Department's interactive map (linked above) depicts the potential allowable heights throughout the City.
- The Growth Management Department may also consider parking reduction requests if a project is within one half mile of a major transit stop.
All other state and local laws apply including, but not limited to, setbacks, parking, concurrency, lot coverage, and environmental standards. Other Tallahassee Land Development Code or Comprehensive Plan standards will also apply that may restrict the site from reaching maximum height and density.
The Live Local Act also offers several tax incentives and potential funding opportunities. For more information on funding and tax incentive opportunities provided by the Live Local Act, please contact the Housing and Community Resiliency Department at 850-891-6566 or housing@talgov.com.