Zoning, Density & Florida’s Next Phase of Development

By Michael S. Weiner, Partner at Sachs Sax Caplan

Florida’s condominium market is undergoing a seismic shift. As the financial realities of post-Surfside safety reforms set in, many condo associations (especially in aging buildings) find it increasingly difficult to comply with reserve mandates, structural repairs, and rising insurance premiums. For some, the costs are simply unsustainable.

This growing affordability crisis is doing more than strain the budgets of individual owners — it’s reshaping the development landscape across the state. As older communities face hard financial choices, redevelopment pressure is building, and attention is shifting back to zoning, density, and the future of Florida’s urban and coastal neighborhoods.

For condo boards and developers alike, now is the time to understand what’s coming and how best to prepare.

Why land use comes first

Before numbers are debated or offers considered, it’s essential to understand what can legally be built on a site today. Many legacy buildings are “nonconforming” under current codes; as a result, a replacement project might be required to be smaller unless a variance or rezoning is secured. A concise zoning and density memo — covering height, FAR, units, parking, nonconformities, and paths to relief — helps set realistic expectations for boards and bidders, anchoring any proposal in what is actually eligible for entitlements.

What changed in Tallahassee — and why it matters on the ground

Florida’s safety and governance updates are now embedded in planning timelines. HB 1021 (2024) adds requirements around training, records, and transparency, and ties board education to milestone inspections and structural integrity reserve studies. HB 913 (2025) clarifies that milestone inspections apply to buildings with three or more habitable stories, adjusts reporting expectations, and cleans up various procedural items. These statutes affect scheduling, required disclosures, and owner communications during any pre-termination period for associations weighing significant capital projects versus redevelopment.

Live Local, in practice

Qualifying rental projects that meet affordability thresholds under the Live Local Act can benefit from state preemptions that override certain local limits on use, height, density, and parking. In 2024, SB 328 (2024) amended the Act to add a key intensity protection: local governments may not restrict FAR below 150% of the highest currently allowed FAR in the jurisdiction — a change that can materially affect feasibility on certain infill parcels. But there remain carve-outs (for adjacency, safety, etc.), so site-specific analysis is required.

How zoning potential drives value

In today’s environment, property value is increasingly tied to entitlement reality. If a site can achieve greater height or FAR — by right, via targeted relief, or under Live Local — offers can reflect that upside. Conversely, where current code tightens relative to what exists, replacement envelopes may shrink, and underwriting follows. Aligning a term sheet with a documented entitlement path reduces friction later and helps owners understand trade-offs earlier.

Redevelopment momentum, handled responsibly

Rising reserve obligations, milestone inspection findings, and insurance stress are pushing some associations to reexamine all options, including termination and sale. Done well, such a process pairs rigorous land-use diligence with transparent owner communications about costs, timelines, and alternatives. This is the opportunity for boards, developers, and counsel to find common ground — balancing safety, value, and community stability, all while staying within statutory guardrails.

Contact Michael S. Weiner or the Sachs Sax Caplan Land Use & Real Estate team to explore your options.