Miami Commission Directs Study of Live Local Act Claims

Illustration of an empty city commission dais with blank nameplates and microphones before a window onto Biscayne Bay, titled A Study of Live Local Act Claims — Illustration. No commissioners are depicted.

Local Development

The Miami City Commission has voted unanimously to explore a legal challenge to Florida's Live Local Act, setting up a major fight over local zoning control.

By Brian D'Antoni July 8, 2026 5 min read

Updated Oct. 9, 2026. Correction: the sovereign immunity paragraph now matches the limited waiver in the enrolled law, and the April 22, 2026 motion to dismiss is now attributed to the Coconut Grove Spotlight letter that reported it.

On June 25, 2026, the Miami City Commission voted unanimously, 4-0, with one commissioner absent, to explore a formal legal challenge against Florida’s Live Local Act, raising questions about local zoning control under state mandates. The vote directs City Attorney George Wysong to analyze potential constitutional and home-rule claims against the state.

The directive, sponsored by District 2 Commissioner Damian Pardo and co-sponsored by Commission Chairwoman Christine King, adds to local discussion of the legislation. The state law, initially enacted in 2023, overrides local zoning regulations to encourage workforce and affordable housing development.

The Overriding of Miami 21 Zoning

During the commission hearing, Planning Director David Snow testified that the state law overrides Miami 21, the city’s form-based zoning code adopted in 2009. The planning department developed Miami 21 after a five-year public process to control density and protect historic residential neighborhoods.

Under the Live Local Act, developers proposing projects on commercial, industrial or mixed-use land can bypass these rules. The law permits developments to reach densities of up to roughly 1,000 units per acre and heights that match the tallest building within a one-mile radius, Snow said.

Snow reported that 82 projects had been permitted in Miami under the Live Local Act, and two were under construction.

Under Miami 21, projects of more than 200,000 square feet go before the Urban Development Review Board or the Wynwood Design Review Board, and Live Local projects skip that review, Snow said. Chairwoman King said she is concerned about the lack of oversight and the effect on historic residential neighborhoods. District 4 Commissioner Ralph Rosado acknowledged South Florida's workforce housing shortage, and another commissioner said the city has "no control over" such projects, The Real Deal reported.

Sovereign Immunity and HB 1389

The legal environment grew more complex immediately after the commission vote. On June 26, 2026, Governor Ron DeSantis signed House Bill 1389, also known as Live Local 4.0, which took effect on July 1, 2026. The amendment adds legal exposure for cities in affordable housing disputes.

HB 1389 also waives local government sovereign immunity under the Florida Fair Housing Act. Developers can now seek damages and injunctions in court when they allege a local government discriminated in a land-use or permitting decision because a project uses affordable housing financing. The waiver is limited to actions brought under that section of the fair housing law.

The new amendment also closes design loopholes that cities previously used to manage scale. It prohibits municipalities from using dimensional standards, including setbacks and stepbacks, to restrict the height of Live Local developments.

The legislation also opens land owned by religious institutions of more than three acres, where a place of worship has operated for at least 10 years, according to the Senate bill summary.

A Growing Network of Municipal Resistance

Miami is joining other Florida local governments in questioning the state's zoning preemptions. On March 6, 2026, Hillsborough County filed a lawsuit in Leon County Circuit Court challenging the Live Local Act, arguing in part that it eliminates required notice and public hearings, according to Stearns Weaver Miller. The state moved to dismiss the case on April 22, 2026, arguing that the county lacks standing to challenge a state law, according to an Oct. 1, 2026 letter published by Coconut Grove Spotlight.

In late March 2026, Broward County Circuit Court Judge David A. Haimes ruled in favor of Hollywood in its legal dispute with developer Condra Property Group. The developer sought to build a 17-story oceanfront tower using the Margaritaville Hollywood Beach Resort as its height benchmark. Judge Haimes ruled that Hollywood could reject the height comparison because the Margaritaville resort stands in a governmental use zone. Condra said it planned to appeal, The Real Deal reported.

Separately, in May 2026, Hollywood commissioners voted to let Related Group move forward with a tower at 1301 S. Ocean Drive under the Live Local Act, after disagreement with the county planning council over zoning, The Real Deal reported. Residents sued over the project on June 23, 2026.

The Development Pipeline and the Path Forward

South Florida is a focus of these zoning discussions. Statewide, 223 Live Local projects with nearly 67,000 units had been proposed since 2023, and 24 were under construction, according to Florida Housing Coalition tracking cited by HousingWire. In Fort Lauderdale, a multi-tower Live Local plan for the Galleria mall site was still under city staff review as of September 2026, the Sun Sentinel reported.

City Attorney George Wysong will report back on the city's options, which include filing suit or joining litigation brought by other local governments, according to Coconut Grove Spotlight.

The outcome of these legal questions will shape how South Florida grows. Owners and developers with Miami parcels can watch the city attorney's report for the next step, since any formal lawsuit would test the limits of municipal home rule against the state's push for housing density.

Sources

Key Facts for Owners and Search

What did Miami's commission vote on June 25, 2026?

The commission unanimously approved a resolution, sponsored by Commissioner Damian Pardo and co-sponsored by Chairwoman Christine King, directing City Attorney George Wysong to explore legal options against the Live Local Act. He is to report back before the commission decides whether to sue or join litigation brought by other local governments.

How does the Act affect Miami 21?

Planning Director David Snow said qualifying projects on commercial, industrial or mixed-use land can reach 1,000 units per acre and match the tallest building within a mile. Projects over 200,000 square feet that would go before the Urban Development Review Board or Wynwood Design Review Board under Miami 21 skip that review.

How many Live Local projects does Miami have?

Snow told the commission 82 Live Local projects had been permitted in Miami as of the June 25, 2026 meeting, and two were under construction. Statewide, 223 projects totaling nearly 67,000 units had been proposed since 2023, with 24 under construction, according to Florida Housing Coalition tracking cited by HousingWire.

What does HB 1389 add?

Signed June 26, 2026 and effective July 1, it waives local sovereign immunity for Fair Housing Act claims over affordable housing land-use decisions, bars using setbacks or stepbacks to cap height, and extends the Act to land owned by counties, cities, school districts and qualifying religious institutions of more than three acres.

What other legal fights shape Miami's options?

Hillsborough County sued the state in Leon County on March 6, 2026, and the state moved to dismiss on April 22. In Broward, Judge David A. Haimes ruled for Hollywood against Condra Property Group in March, and Condra planned to appeal. Owners should confirm a parcel's status with the city's planning office.

Filed Under Local Development South Florida Live Local Act Miami Zoning Workforce Housing