Miami candidates get it: Voters are mad about Live Local workforce housing law | Opinion

It’s hard to criticize Florida for doing something to address the state’s housing shortage, but there are few laws passed in recent years as controversial — or even hated — as the Live Local Act, which seeks to spur the construction of workforce housing by side-stepping local control over height and density in certain cases.

Dozens of Miami-Dade County candidates running in the Aug. 18 primaries for Florida House and Senate seats said they understand voter frustration over losing local control of these large-scale developments. In interviews with the Herald Editorial Board, a number of Democrats and Republicans agreed that Live Local, passed in 2023 and expanded this year, needs tweaks or outright repeal.

“I’ve got to tell you, not one person is in favor of Live Local,” said Miami Beach Democrat Ashley Litwin Diego, who said she’s been knocking on doors in coastal House District 106 since November. Republican Tony Diaz, running in House District 113, went even further, calling it “The Live Local Scam.”

There’s good reason for Live Local: One of the barriers often mentioned in discussions of housing construction is local red tape. “I think a lot of local municipalities led us here... I think they were acting as protectionists for a long time that have led and contributed to this [housing] crisis,” Frank Lago, another Republican running in District 113, said.

But Lago and others who agree with the premise for the law see the need for reforms. For example, barrier islands like Miami Beach and Key Biscayne, which cannot accommodate over development, need special considerations, they said.

Live Local allows developers to override local zoning limits if they build residential projects where at least 40% of the units are considered workforce housing for 30 years. That means those units must remain affordable to people earning up to 120% of the Area Median Income (AMI), which in Miami-Dade was $104,000 annually for one person last year.

From the perspective of many residents, Live Local means they cannot stop the construction of taller buildings. For cost-burdened renters, the jury is still out on whether Live Local projects will help them. State lawmakers and Florida’s next governor, who will be elected in November, must answer that question in the years to come.

If Live Local doesn’t pay off — and voters are stuck with buildings that are out of character for their communities — lawmakers will be to blame for tilting the scale too far in favor of developers without helping nearby residents who will face more traffic and strain on local infrastructure.

The reasoning behind Live Local is that if you make it easier to build, supply will increase and rental costs will drop. That seems straightforward, but will it work? Some candidates don’t believe it will: “Creating more density is not a solution,” said Lucia Baez-Geller, a former school board member also running in the House District 106 Democratic primary.

In Miami, commissioners say the city has been forced to approve a whopping 82 projects under the law, and they are considering suing the state. Hillsborough County has already sued, claiming Live Local usurps local power and bars public hearings on big projects.

What all of this means is that the Legislature must be open to significantly revisiting the law before it gets out hand. Some local control may have to be restored.

Live Local’s biggest shortcoming is how it defines affordability. Renting in South Florida has become expensive even for people making six figures, but residents earning up to 120% of the Area Median Income aren’t the most cost burdened. Miami-Dade needs over 90,000 units for households earning below 80% of the AMI, or about $75,000 annually, according to the organization Miami Homes for All.

In other words, there’s a risk that the rents in Live Local projects may be close to market rates rather than truly affordable. Some of the candidates we interviewed support lowering the income threshold to 60% or 80% of the AMI to help lower-income people.

Nearly 20 candidates are running in the August primaries for state Legislature in Miami-Dade, and more will appear on the November general election ballot. They seem to understand the frustration voters feel about the Live Local Act. Those who get elected must bring those concerns with them to Tallahassee.