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Dunedin staff brief commissioners on Florida's Live Local Act and local tools to shape projects
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Summary
City staff brought attorney Nicole McInnis to explain the Live Local Act's land-use preemption, ad valorem tax incentives and implementation practices; commissioners pressed on home-rule impacts, local guidance and two early developer inquiries in Dunedin.
Nicole McInnis, an attorney who has worked on Live Local projects for municipalities and developers, told the Dunedin City Commission on Jan. 6 that the Live Local Act (originally enacted as Senate Bill 102 in 2023 and amended in 2024'' 2025) was designed to quickly add affordable housing. She described the statute's land-use preemption, administrative approval process and tax incentives, and offered best-practice guidance for municipal implementation.
The statute allows eligible projects on commercial, industrial or mixed-use parcels to build to the highest by-right density, provides a typical 150% FAR intensity bump, and requires 40% of units to be restricted at 120% of area median income for 30 years. McInnis said the law generally removes the need for a rezoning public hearing, leaving determinations to planning staff and the city attorney, and that municipalities commonly secure affordability commitments through recorded declarations or land-use restriction agreements.
Why it matters: commissioners pressed staff on the tension between the statute and local control, asking what Dunedin could still require and how to steer Live Local projects to fit the city's character. McInnis's presentation cited a Tampa example that recently broke ground in a South of Gandy redevelopment (408 units, at least 192 affordable) and stressed that some projects stalled for market reasons. She recommended that municipalities publish clear Live Local procedures, a standard declaration template, and maximum-density guidance to reduce adversarial interactions with developers.
Commissioners' concerns: several members invoked home rule and the risk that state preemption could erode local zoning choices. Commissioner Gallus framed the issue as a loss of local authority: "Time and time again, we have seen...the state claw back some authority," while McInnis acknowledged the critique and characterized Live Local as a short-term (sunset 10/01/2033) tool intended to jump-start housing supply. Staff noted two Dunedin inquiries (Dunedin Commons and a parcel north of Maine east of Belcher) but said the city is largely built out and that many Live Local projects require very specific parcel sizes and conditions.
What happens next: staff reported they are drafting implementation guidance for Dunedin (web-posted procedures and an internal administrative review pathway), will continue to use design-review and compatibility provisions to manage form and scale, and encouraged commissioners to consider local code tools (competing local ordinances or targeted density bonuses) where they want to direct affordable development.
