Illustration of a scale model with one tall tower over low homes, titled Miami and Live Local, 82 projects permitted, the commission asks for a legal review of options
Illustration. Not a rendering of a specific project.
Local Development

Miami Commission Asks Attorney to Review Live Local Options

The Miami City Commission voted unanimously to direct its city attorney to evaluate legal options to challenge the Live Local Act, escalating a battle over municipal zoning control.

By Brian D'Antoni 5 min read

Updated Oct. 9, 2026. Correction: the damages and injunctions sentence 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 to direct its city attorney to find legal strategies to challenge Florida's Live Local Act, raising questions about municipal home rule and zoning control in South Florida.

In a unanimous vote, the commission passed a resolution, sponsored by Commissioner Damian Pardo, directing City Attorney George Wysong to explore legal options to challenge the state law. The resolution instructs Wysong to evaluate constitutional and home-rule claims.

This action is a directive to analyze strategies rather than an active lawsuit. Wysong will assess whether the city should file an independent lawsuit or join or support litigation brought by other local governments, then report back to the commission for a final decision.

Planning Director David Snow said 82 projects had been permitted in Miami under the Live Local Act, and two were under construction as of late June 2026.

Under the Live Local Act, qualifying developments in commercial, industrial, or mixed-use zones bypass municipal codes like Miami 21. Developers can build up to roughly 1,000 units per acre and match the height of the tallest building within a one-mile radius if they set aside at least 40% of the residential units for workforce housing. Snow said the result is reduced transparency in how height and density are determined and diminished neighborhood compatibility safeguards, Miami Today reported.

The New Teeth of Live Local 4.0

On June 26, 2026, Governor Ron DeSantis signed House Bill 1389, marking the fourth iteration of the Live Local Act. The law went into effect on July 1, 2026, and curtails local authority.

The legislation prevents cities and counties from using secondary zoning tools to restrict a project's height. Municipalities cannot use setbacks, stepbacks, or other dimensional regulations to limit a building.

The bill 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.

Furthermore, the updated law expands eligible land. It permits development on properties owned by local school districts and municipalities, as well as land owned by religious institutions. Religious properties must exceed three acres and have housed a place of worship for at least 10 years to qualify.

Wynwood and Building Height Limits

Wynwood has become a primary target for developers using the state law to bypass local height limits. Bazbaz Development proposed a 48-story mixed-use tower at 2101 NW Miami Court in Wynwood, where the neighborhood's zoning had limited buildings to 12 stories, The Real Deal reported.

Local advisory bodies, including the Wynwood Design Review Committee and the Urban Development Review Board, voted to recommend denial of the Bazbaz project. Both bodies recommended denial to the planning director, Miami Today reported, and The Real Deal reported the committee was powerless to address the building's height.

Other developers are planning similar high-density projects in the neighborhood. Brooklyn-based developer LivWrk proposed a 1,363-unit development consisting of three 45-story towers in Wynwood, The Real Deal reported.

The Miami City Commission's decision to study a lawsuit reflects concerns among some local officials about the city's role in the planning process.

A Regional Ripple Effect

Other Florida municipalities are also challenging the state's housing mandates. On March 6, 2026, Hillsborough County filed a declaratory lawsuit against the State of Florida in Leon County Circuit Court. The county argues that the Live Local Act unlawfully usurps planning and zoning powers granted by the Florida Constitution and the Community Planning Act. 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 Broward County, residents have taken legal matters into their own hands. On June 23, 2026, Hollywood resident Kathleen DiBona and the nonprofit Keep Public Lands Public filed a lawsuit in Broward County Circuit Court against the City of Hollywood and Related Group.

The lawsuit seeks to stop a proposed 30-story condo tower at 1301 S. Ocean Drive. The development includes 84 workforce housing units approved under the Live Local Act. The plaintiffs argue that Hollywood's 99-year lease to Related Group violates a city charter requirement for a voter referendum on public land leases, and violates a deed restriction dedicating the parcel to public park use. The Real Deal reported the lawsuit on July 7, 2026.

In Manatee County, builders sued over the county's 2025 impact fee increase, arguing it violates a 2025 state law, SB 180. HousingWire reported that the higher fees put Live Local projects at risk. A ruling was still pending as of Oct. 6, 2026, Tampa Bay Beacons reported.

As Miami's legal team compiles its recommendations, local business owners and real estate developers are watching closely. The outcome of these legal battles will determine whether state preemption or local home rule dictates the future density of South Florida's cities.

Sources

Key Facts for Owners and Search

What did the Miami City Commission vote on June 25, 2026?

It unanimously directed City Attorney George Wysong to explore legal options against the Live Local Act, including home-rule and constitutional claims. The resolution does not itself file a lawsuit. Wysong is to report back, and options include joining or supporting litigation brought by other local governments, according to Coconut Grove Spotlight.

How does Live Local work in Miami?

Qualifying projects on commercial, industrial or mixed-use land can bypass Miami 21 limits on density and height if at least 40 percent of the units are set aside as workforce housing. Planning Director David Snow said 82 projects had been permitted in Miami under the Act, with two under construction in late June 2026.

What Wynwood projects are cited?

Bazbaz Development's proposed 48-story tower at 2101 NW Miami Court drew recommendations for denial from the Wynwood Design Review Committee and the Urban Development Review Board in 2024, both recommendations to the planning director. LivWrk has proposed 1,363 units in three 45-story towers in Wynwood, The Real Deal reported in 2025.

What did HB 1389 change?

Signed June 26, 2026 and effective July 1, the fourth version of Live Local bars cities from using setbacks or stepbacks to limit height, waives local sovereign immunity under the Florida Fair Housing Act, and opens land owned by school districts, municipalities and qualifying religious institutions of more than three acres.

What other legal actions are pending?

Hillsborough County sued the state in Leon County on March 6, 2026. A Hollywood resident and a nonprofit sued Hollywood and Related Group on June 23, 2026 over a planned tower on city-owned beachfront land. Manatee County builders are challenging impact fee increases, with a ruling still pending in early October 2026.

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