Panel backs changes to Live Local Act, including sovereign‑immunity waiver for housing discrimination
February 18, 2026 | 2026 Legislature FL, Florida
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TALLAHASSEE — Representative Redondo told the Intergovernmental Affairs Subcommittee that CS/HB 1389 refines the Live Local Act to allow property owned by counties, municipalities or school districts to participate in Live Local applications so long as the underlying public entity signs on.
"Members, 13 89 is a bill that refines the Live Local Act," Representative Redondo said during his explanation of the committee substitute, listing changes that include clarifying that farm and farm operations are not commercial or industrial uses and allowing developments near airports if the airport’s governing body approves the application.
The bill also includes language intended to prevent municipalities from using increased setbacks or step‑backs to change the effective height limits of a parcel, Representative Redondo said, and it would waive sovereign immunity for the state and related governmental entities for housing‑discrimination claims under Live Local.
When Representative Camp asked for detail on the sovereign‑immunity waiver, Redondo said past appellate rulings had shown records supporting housing discrimination but that, without a waiver, courts could not provide remedies. "So we're trying to address that. So in the future, we won't have that problem," he said.
Committee members asked whether school districts that own property would be required to participate; Redondo said the school district must be a party to any application. Members also pressed whether the bill would preempt local setback or safety rules. Redondo said the bill prevents a municipality from increasing setbacks or step‑backs to manipulate a parcel’s effective buildable area in response to height, but building‑code and other legitimate safety requirements would still apply.
Public testimony was brief: Chadwick Leonard of 1000 Friends of Florida waived in opposition and Yvonne Fernandez of AARP waived in support.
During debate, Representative Gant said he needed more time to evaluate the setback language to ensure safety concerns are preserved. Rick Kendall urged creative local solutions such as using school property for starter homes as an example of potential Live Local projects. Representative Redondo closed by asking colleagues for their support, calling housing an important issue that has required several rounds of legislative work.
On final committee roll call, CS/HB 1389 was reported favorably, 13 ayes to 2 nays. The committee recorded the motion to show the bill favorably; the measure now moves to the next stage of the process.
What’s next: The committee reported the bill favorably to the full House; no further action or floor schedule was announced in committee.
"Members, 13 89 is a bill that refines the Live Local Act," Representative Redondo said during his explanation of the committee substitute, listing changes that include clarifying that farm and farm operations are not commercial or industrial uses and allowing developments near airports if the airport’s governing body approves the application.
The bill also includes language intended to prevent municipalities from using increased setbacks or step‑backs to change the effective height limits of a parcel, Representative Redondo said, and it would waive sovereign immunity for the state and related governmental entities for housing‑discrimination claims under Live Local.
When Representative Camp asked for detail on the sovereign‑immunity waiver, Redondo said past appellate rulings had shown records supporting housing discrimination but that, without a waiver, courts could not provide remedies. "So we're trying to address that. So in the future, we won't have that problem," he said.
Committee members asked whether school districts that own property would be required to participate; Redondo said the school district must be a party to any application. Members also pressed whether the bill would preempt local setback or safety rules. Redondo said the bill prevents a municipality from increasing setbacks or step‑backs to manipulate a parcel’s effective buildable area in response to height, but building‑code and other legitimate safety requirements would still apply.
Public testimony was brief: Chadwick Leonard of 1000 Friends of Florida waived in opposition and Yvonne Fernandez of AARP waived in support.
During debate, Representative Gant said he needed more time to evaluate the setback language to ensure safety concerns are preserved. Rick Kendall urged creative local solutions such as using school property for starter homes as an example of potential Live Local projects. Representative Redondo closed by asking colleagues for their support, calling housing an important issue that has required several rounds of legislative work.
On final committee roll call, CS/HB 1389 was reported favorably, 13 ayes to 2 nays. The committee recorded the motion to show the bill favorably; the measure now moves to the next stage of the process.
What’s next: The committee reported the bill favorably to the full House; no further action or floor schedule was announced in committee.
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