Q&A of the Day – The Impact of Florida’s Live Local Act
Each day I feature a listener question sent by one of these methods.
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Today’s Entry: Good day Brian, Love your show and know that you get to the facts which is why I listen here in West Kendall. For many years our area had a great U-pick field off of SW 96 Street and 137 Avenue which has now been converted into a gigantic "project style" eyesore that intends to have 354 units for rent!
It seems that Baptist Hospital and The Altman Companies are working together to get this property rezoned to build these monstrosities which in no way are fit to be in the Kendall area. After further investigation, I also read that Governor Ron DeSantis, who I adore, signed a bill which is allowing this all over Florida. Please say it isn't so: Can you investigate how this happened without voter approval and if anything can be done to reverse this nightmare?
Bottom Line: It’s true that last year’s Housing law, backed by Governor DeSantis dubbed the Live Local Act, is real, is in part taxpayer funded, and took effect July 1st, of 2023. It also came with nearly unanimous support in the state legislature. The state senate passed the legislation unanimously while only six of the 109 representatives in the state house voted against it. The law appropriated $711 million at the state level to expand the reach of the Florida Housing Finance Corporation, which is a public-private entity with oversite on the state’s affordable housing programs. And that’s what this law is all about. Expanding affordable housing, which has commonly been raised as a top issue, in Florida. On that note a Florida Policy Institute study from last November identified 2.1 million Florida households, or right at a quarter of all Florida households, are currently at risk of not being able to afford to live we’re they’ve been living as a result of an average 30% increase in rent rates following the pandemic, similar property price appreciation and rising property insurance costs. In other words, the affordable housing problem is real which is why this became law, but to the root of your concern the devil is often in the details.
To provide a better look at what the Live Local Act was designed to address here’s what the state of Florida’s summary analysis of the effects of the legislation were said to be:
One major goal at all levels of government is to ensure that citizens have access to affordable housing. Housing is considered affordable when it costs less than 30 percent of a family’s gross income. A family paying more than 30 percent of its income for housing is considered “cost burdened,” while those paying more than 50 percent are considered “extremely cost burdened.” Severely cost burdened households are more likely to sacrifice other necessities such as healthy food and healthcare to pay for housing, and to experience unstable housing situations such as eviction.
Affordable housing is defined in terms of household income. Resident eligibility for Florida’s state and federally funded housing programs is typically governed by area median income (AMI) levels. These levels are published annually by the U.S. Department of Housing and Urban Development (HUD) for every county and metropolitan area.
Housing costs reflect what people are willing to pay to live in an area, which may make it difficult for the workforce, elders, and people with disabilities to find affordable homes and apartments. The government helps make housing affordable through decreased monthly rent or mortgage payments so that income eligible families are able to pay less for housing than it would otherwise cost at “market rate.” Lower monthly payments or down payment assistance is a result of affordable housing financing.
Without getting into the nitty gritty details of how all of this comes together within the law, the Florida Housing Finance Corporation is tasked with identifying affordable housing needs across the state and working with local governments to increase the number of affordable housing units in those areas. This is where the devil is in the details. In order to make this happen in many communities rezoning comes into play.
The law allows for sites that are zoned commercial, industrial or mixed-use to be developed for affordable housing without rezoning or land use changes. This mandate effectively compels local governments to work with the state agency on these sites as opportunities are identified. Now here’s the wrinkle. Has a South Florida project been approved with the Live Local Act. Yes. Is it the one you’re talking about? No.
The first Live Local Act project which was approved in South Florida happened in December and is a 948-unit apartment complex and mixed-use development in Medley near the Palmetto Metrorail Station. Specific to the West Kendall project...here’s what I know.
Last November Baptist Health sold a 14.5-acre site at S.W. 137th and Southwest 96th Street for just over $14 million to the housing developer Altman Companies. The negotiations for the sale and Altman development began in 2021 – over two years before the Live Local Act was enacted. Notably Altman is a luxury developer and the current plans call for 342 apartments, a pool, a fitness center, a yoga room, a cafe lounge, a business center, a co-working area, a game room, a playground, a spa and a pet park. It will also include electric car charging stations. The project is expected to be completed next year. Doesn’t exactly sound like your typical government subsidized housing project...does it? This also speaks as to why the two parties had to work on zoning concerns, which wouldn’t have been a factor had this project been a Live Local Act project. Unless something has suddenly changed significantly, that’s the deal with the law and with what is happening near you. And it terms of what you can do... After years of planning and approval from Miami-Dade officials, it may be too late at this point, however you can inquire with and voice your concerns with county officials starting with your county commissioner.
Hopefully that’s helpful even if it’s not what you’d like to hear.