The Live Local Act's Fourth Rewrite Took Effect July 1. Cities Can No Longer Shrink a Tower With Setbacks.

HB 1389 closes the workaround Miami and other cities were using. The city says it has been forced to approve 82 projects and has voted to explore a legal challenge.

Florida House Bill 1389, the fourth version of the Live Local Act since 2023, took effect July 1, 2026. Holland & Knight's analysis, published July 29, lays out the mechanics. A qualifying project reserves at least 40% of its residential units as affordable rentals for at least 30 years, and in exchange a local government may not restrict its height below the tallest building allowed within one mile, or three stories, whichever is higher. New this year: municipalities “may not restrict authorized height through other dimensional controls, such as height-based setbacks or stepbacks.”

What else changed

• Revised definitions of commercial, industrial and mixed use are retroactive to January 1, 2024.
• Mixed-use projects must be at least 65% residential by square footage, and cities may not require more than 10% non-residential.
• Land owned by religious institutions of more than three acres is now eligible.

Where Miami stands

On June 25 the Miami City Commission voted unanimously to direct the city attorney to explore legal options against the law, a resolution sponsored by Commissioner Damian Pardo and co-sponsored by Chairwoman Christine King. The city says it has been forced to approve 82 projects. As of this writing I have not confirmed that a lawsuit has been filed; the commission authorized exploring one. I also found no Miami 21 amendment in this period.

My read

For a homeowner, this is the law that lets a tower rise next to you regardless of the zoning map, and since July 1 the city cannot trim it with setbacks. For a landowner, it is the opposite: a small commercial or church parcel within a mile of a tall building just became worth more than its zoning suggests. I track eligible parcels and approved Live Local projects by neighborhood. If you own near a corridor with height, or you are buying a home and want to know what could legally rise next door, ask before you commit.