Real estate is a major focus in the 2026 Florida legislative session, with lawmakers considering a range of proposals affecting development, property taxes, and homeowners associations.
Senator Alexis Calatayud, a Republican from Miami-Dade County, has introduced Senate Bill 1548 to expand the Live Local Act. The workforce housing law, first passed in 2023, allows developers to bypass local zoning if they set aside at least 40 percent of their units for households earning up to 120 percent of the area median income. Developers can also obtain administrative approvals and build to the highest permitted height and density in an area while receiving property tax exemptions.
The legislation has generated significant interest among South Florida developers but has faced opposition from some municipalities concerned about losing control over local development decisions. Calatayud’s bill would broaden eligibility under Live Local to include properties owned by counties, municipalities, and school districts while limiting local restrictions on building heights through setbacks and stepbacks. It would also clarify that farms do not qualify as commercial properties for these projects.
Lawmakers are also looking at extending affordability requirements for workforce housing. Currently, below-market units must remain affordable for at least 30 years; House Bill 675 and Senate Bill 756 propose increasing this period to 50 years. These bills would also lower the upper income threshold for property tax abatements from 120 percent to 100 percent of area median income.
In response to three hurricanes that struck Florida in 2024, last year’s SB 180 restricted local governments within federally declared disaster areas from enacting more restrictive development regulations until 2027. Several South Florida cities have challenged this law in court, arguing it limits their authority over land use decisions.
Senator Nick DiCeglie of St. Petersburg filed Senate Bill 840 aiming to return some regulatory power to local governments by rolling back certain provisions tied to hurricane recovery and narrowing the scope of state intervention after future storms.
Another proposal—Senate Bill 354/House Bill 299—would allow owners of at least 10,000 acres who meet conditions such as creating affordable housing to bypass county and municipal zoning rules. These “Blue Ribbon Projects” would require reserving at least 60 percent of land for conservation or open space while permitting higher-density development on the remainder. At least one-fifth of residential units would need to be designated as affordable or workforce housing or serve eligible workers like teachers and police officers.
Ruane Cunniff, an investment manager based in New York that owns about 80,000 acres in north Florida since 2017, is supporting these bills through lobbying efforts.
On property taxes, several measures are being considered following Governor Ron DeSantis’ suggestion last year about eliminating them for homesteaded residences—a move requiring constitutional amendments approved by voters. Proposals include exempting non-school property taxes (House Joint Resolution 201), gradually increasing homestead exemptions until phasing out such taxes by 2037 (Joint Resolution 203), removing property taxes for homeowners aged over sixty-five (HJR 205), and adding new exemptions based on home value (HJR 207). Local governments have expressed concern that these changes could impact funding for essential services like parks and fire departments.
Representative Juan Carlos Porras is targeting homeowner association governance with House Bill 657 amid allegations of misconduct within HOAs across Florida—including high-profile cases like West Kendall’s Hammocks community. The bill outlines a process allowing residents to petition for disbanding their HOA but faces skepticism from legal experts due to complexities involving shared infrastructure ownership.
Attorney Carolina Sznajderman Sheir said: “You may be dissolving the actual corporation, but how are you going to split up the assets? Who is going to take responsibility for maintaining the roadways [and other infrastructure]? Who is going to be responsible for operating, maintaining and insuring this?”
Attorneys note that counties and municipalities may hesitate before taking over such responsibilities because doing so could require higher taxes on all residents rather than just those living within HOAs. The bill does include provisions welcomed by attorneys—such as establishing a Community Association Court aimed at reducing case backlogs related to HOA disputes in circuit courts.
