Florida once again shifted the balance of power in land use with the July 1 implementation of a massive wave of property laws from the 2026 legislative session. By passing aggressive new state preemptions, the legislature has handed developers an updated set of keys to bypass local zoning boards under specific conditions.
The debut of the Infill Redevelopment Act and the latest expansion of the Live Local Act demonstrate Florida is making a clear push to force a path for workforce housing.
To break down what these newly enacted laws mean on the ground, we spoke with Elizabeth Somerstein, partner at Greenspoon Marder and Brian M. Seymour, Gunster shareholder and co-chair of the Real Property practice, to discuss how builders are navigating these shifts.
The Infill Redevelopment Act and Its Power to Transform Impacted Sites
One of the most powerful tools to emerge from Tallahassee this year is the Infill Redevelopment Act (SB 1434). The law explicitly targets the housing shortage by unlocking environmentally impacted and underutilized land in densely populated urban counties like Broward, Miami-Dade and Palm Beach.
The Act requires local governments to grant streamlined administrative approval for residential developments on qualifying parcels of at least five acres that sit adjacent to residential zones and have documented environmental contamination. By completely cutting out public hearings and limiting local design restrictions, the law creates a predictable path to build up to 25 dwelling units per acre.
To protect existing neighborhoods, the law mandates a minimum 20-foot open-space buffer when a site sits adjacent to single-family homes or townhouses on all sides. Furthermore, developers targeting recreational facilities like dormant golf courses must pay double the standard parks and recreation impact fees to help municipalities offset the loss of open space.
“We’re seeing interest in three categories: shuttered or underperforming retail centers, aging light-industrial and warehouse parcels, and dormant golf courses,” Somerstein said. “The common thread is documented environmental impact, paired with at least five acres, adjacent to residential, and proximity to the urban core.”
Expanding Live Local to Public and Religious Land
In tandem with the Infill Act, the 2026 legislative updates also expanded the Live Local Act preemptions to include land owned by public entities and religious institutions. This broadens the playing field considerably, unlocking vast, well-located acreage owned by school boards, municipalities and houses of worship.
However, according to Somerstein, swapping a zoning board for an institutional partner introduces distinct structural and governance realities. These public and religious entities must remain a party to the development application rather than simply selling or leasing the land and walking away. Therefore, developers must integrate unique institutional timelines alongside construction schedules.
Strong-Arming vs. Collaboration
While these sweeping state preemptions give developers unprecedented leverage, Seymour emphasizes that mandates are only part of the equation. While he supports these legislative updates to spur inventory, he cautions that the smoothest path to completion still relies on relationship-building at the municipal level.
“I am in favor of these changes, but the best situations are when developers and local municipalities work together and compromise instead of trying to strong arm each other,” Seymour said. “The City of West Palm Beach has been an excellent example of working collaboratively with developers to create affordable and workforce housing projects.”
Seymour adds that many developers had already been working creatively with churches to build much-needed housing on-site, a trend driven by shared mission and land availability rather than the recent legislative updates.
Moving forward, the developers who succeed in South Florida will be those who understand the raw power of the new state preemptions but choose to pair that leverage with local collaboration.
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