A Broward County judge sided with the city of Hollywood in a lawsuit over a Live Local Act development.
The ruling, issued last week by Broward County Circuit Court Judge David A. Haimes, “creates a massive loophole that completely undermines the Live Local Act and the state’s goal to provide affordable housing,” attorney Keith Poliakoff told the South Florida Business Journal. Poliakoff represents the developer, Condra Property Group.
Judge Haimes found that Hollywood officials were within their rights to reject Condra’s application for a multi-building project with a 17-story tower at 2115 North Ocean Drive, on Oklahoma, McKinley and Nebraska streets in Hollywood. The building called for 282 apartments across buildings, with 40 percent set aside for workforce housing.
Condra based its proposed height on Margaritaville Hollywood Beach Resort, which is eight inches taller and 17 stories. In the city’s 2024 rejection letter, city staff said Margaritaville “is not an allowable height benchmark” because the building is in a governmental use zone, and projects located in these zones are approved “through a specialized process.”
Condra sued in early 2025, alleging the city illegally denied its application.
Poliakoff told the South Florida Business Journal that his client plans to appeal following the judge’s ruling. The city’s attorney, Daniel L. Abbott of Weiss Serota Helfman Cole & Bierman, said, “The judge’s reasoning was similar to that of city staff when they denied the application.”
The state’s Live Local Act allows developers to bypass local approvals, as long as developers set aside at least 40 percent of their residential units for households earning up to 120 percent of the area median income. In exchange, they qualify for bonuses and incentives, including building up to the tallest height within a 1-mile radius. The law strips municipalities of their authority.
State lawmakers have been making tweaks to the law since it was passed in 2023.
In the Florida Legislature session that ended this month, legislators further expanded Live Local when they approved a measure that allows developers to build Live Local projects on land owned by counties, municipalities and school districts, as long as the sites are in their respective jurisdictions and that the property owner co-files project applications with the developers.
Lawmakers also extended the property tax abatement so that it will go into effect once a developer secures a building permit, which could help developers finance their projects. The law currently offers property tax relief ranging from 75 percent to 100 percent once a project is completed.
— Katherine Kallergis
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