Committee advances major Live Local revisions after heated testimony on opt‑outs, ADUs and religious property

Representative Redondo presented CS for HB 1389 as revisions to the Live Local Act intended to increase available attainable housing. The strike‑all expanded Live Local to allow mixed residential uses on properties owned by counties, municipalities or school districts, limited local height/setback restrictions, excluded farms from being treated as commercial uses, authorized developments near airports with airport approval, and included waiver language related to sovereign immunity for housing discrimination claims.

Representative Duggan offered an amendment to the amendment that would delete the Live Local opt‑out provision entirely so local governments could no longer opt out. Jeff Scalaya (Florida Association of Counties) and Rebecca O'Hara (Florida League of Cities) testified that eliminating the opt‑out risks incentivizing market‑rate "missing middle" housing over lower‑income units, could reduce property‑tax bases, and remove a local planning tool. Witnesses from housing providers and advocacy groups (Wendover Housing Partners, Florida Home Builders, AARP, Enterprise Community Partners, Americans for Prosperity) waived in support; debate focused on ADU (accessory dwelling unit) language and the risk that ADUs could be used as short‑term vacation rentals in tourist areas.

The committee adopted the amendment to the amendment and the strike‑all. Representative Verdon said the ADU language does not change existing state preemptions on short‑term rentals. The bill was reported favorably by roll call.

Why it matters: the changes would broaden where Live Local applies and remove opt‑out authority for local governments, altering local land‑use discretion and incentives for affordable versus market‑rate development.