Geller Law Firm, PA Geller Law Firm, PA 2026-06-03T10:54:01Z https://www.gellerlawfirm.com/feed/atom/ WordPress On Behalf of Geller Law Firm, PA <![CDATA[Steve Geller interviewed on the new Infill Redevelopment Law; believes the law has good intent, but legal challenges likely]]> https://www.gellerlawfirm.com/?p=47957 2026-06-02T13:36:52Z 2026-04-06T15:08:37Z New Florida law could speed approval of golf course redevelopment By Brian Bandell – Real Estate Editor, South Florida Business Journal Mar 31, 2026 Story Highlights Broward County Commissioner Steve Geller expects legal challenges to occur. The Florida legislature passed a law that could hasten approval of residential development on environmentally impacted sites, especially golf courses, and it only applies in South Florida. The Infill Redevelopment Act (Senate Bill 1434/House Bill 979) passed both chambers and is awaiting the signature of Governor Ron DeSantis. Kerri Barsh, an attorney at Greenberg Traurig in Miami who specializes in developing on sites with environmental issues, explained how the law could speed up development approvals. Similar to the Live Local Act, eligible properties would receive municipal staff approval without a vote by the city council or county commission. Under the proposed law, properties of five acres or more that have been environmentally impacted or are a designated brownfield, are surrounded by residential, are within the urban development boundary, and are not near a military installation could be automatically developed as residential. The density level would be the lower of the average residential density of the surrounding neighborhood or 25 units per acre. There is no income restriction on the housing, but there must be a 20-foot buffer between the existing housing and the new development. However, it does not apply to agricultural sites or public utility properties. Because of the population requirements in the bill (1.475 million people), this rule only applies in Miami-Dade, Broward and Palm Beach counties. The law requires the developer to pay double the usual park or recreation facilities impact fee for such projects to compensate for the loss of open space. “The legislative intent was on stranded parcels that are surrounded by residential,” Barsh said. “This is an opportunity for a lot of these sites to get a boost and go into more productive uses.” Barsh said there are former landfills and former government properties that could be redeveloped under this law, but the biggest target for redevelopment is likely golf courses, which typically have contamination that would require cleanup before residential use. Broward County Commissioner Steve Geller, an attorney and former state senator, said he expects the Infill Redevelopment Act to be challenged in court. One of the issues is the definition of “environmentally impacted,” which he believes is too vague in the bill. The bill implies that even a small amount of contamination on a portion of a site could lead to its full redevelopment, and that’s likely to be challenged, he said. There could even be clubhouses and tennis courts that could be redeveloped if a small amount of contamination is found, he added. The other aspect of the bill that may be challenged is the home rule of cities, especially because the law only applies to three counties, Geller said. “I do believe the legislature is overreaching, and whether they are overreaching beyond the limits of the Constitution, we will find out,” Geller said. He noted that aspects of the Live Local Act are still being challenged by municipalities around the state. When developers seek to rezone golf courses for homes, that is often a contentious vote for many city councils, as neighbors often object to losing the green space and views. Yet, there are few large tracts of open land remaining in South Florida, so golf courses are often prime targets for homebuilders. This law could take approval of these projects out of local elected officials’ hands. Geller said it is a worthy goal for the legislature to support more housing development. Until Broward has enough homes under construction to meet the population growth, home prices will continue rising, and urban infill is the only real development option left in Broward, he said. “I appreciate that the legislature is trying, but this is also a grab at the golf courses, and each one needs to be evaluated on an individual basis,” Geller said. “This takes that right away from local governments and basically says all golf courses are suitable for development.” “They should stop preempting us. They should give local government the ability to make local decisions,” Geller added.]]> On Behalf of Geller Law Firm, PA <![CDATA[Building near transit in Fort Lauderdale: What to know]]> https://www.gellerlawfirm.com/?p=47953 2026-03-26T18:33:55Z 2026-03-26T12:01:47Z Transit-Oriented Development (TOD)—a planning strategy that creates compact, walkable, mixed-use communities centered around high-quality public train and bus systems. For commercial developers, transit-oriented developments create a different kind of opportunity, but only if you understand how those rules apply to your site.

What you gain by building near transit

In certain areas, the zoning allows you to build more than you normally could. That can mean more units on the same site, additional height and less space set aside for parking. When those pieces come together, you may be able to fit more into the project without increasing your footprint. Some areas also make it easier to combine residential, retail and commercial uses, which can make the project more viable overall.

Why location alone does not guarantee those benefits

This is where it becomes less straightforward. Being near a transit stop does not automatically mean you can use those incentives. The property needs to fall within a specific zoning district or overlay tied to those transit corridors. Those boundaries are not always obvious on the ground. Two sites on the same street can be treated differently depending on how they are classified. Before you start designing around added height or density, you need to confirm what the zoning actually allows.

The deal only works if the zoning does

If you are considering a site near a major hub, the first step is verifying its Transit-Oriented Development (TOD) eligibility. You need to know if the incentives you are counting on (like reduced parking or increased floor area ratios) are actually available for that specific PID (Property Identification). A zoning attorney can help you determine if your project qualifies for TOD incentives early in the due diligence phase so you can move forward without guessing. When the zoning lines up, these projects open the door to a more flexible, high-yield investment than a traditional suburban site]]> On Behalf of Geller Law Firm, PA <![CDATA[Steve Geller speaks to RETTC Conference]]> https://www.gellerlawfirm.com/?p=47945 2026-03-04T16:04:59Z 2026-03-04T16:01:46Z [nap_email id="EMAIL-1"], or review the web page for [nap_names id="FIRM-NAME-1"], at www.gellerlawfirm.com.]]> On Behalf of Geller Law Firm, PA <![CDATA[What should developers know about the future of Florida’s Live Local Act?]]> https://www.gellerlawfirm.com/?p=47942 2026-02-04T20:12:42Z 2026-02-04T20:12:42Z Florida’s Live Local Act has changed the market for developers throughout the Sunshine State. The law aims to increase affordable housing and achieves this goal by easing zoning restrictions. There are nuances and, as all things in the legal world, the laws that govern these rules are evolving. It is important for developers to stay current on these changes to better ensure they take advantage of new opportunities.

What is important about the Live Local Act?

The Live Local Act went into effect in 2023 with unanimous support. It allows for developers to use areas originally zoned for commercial, industrial, or mixed use for the development of multifamily residential housing. A common example is changing what was previously a strip-mall into housing. The law provides various incentives to help developers make these changes, including tax incentives and funding credits. 

What has changed?

Florida Governor Ron DeSantis signed updates into the original law two years after its initial passage. These updates provided clarity on what qualified as commercial, industrial, and mixed use. Changes also curbed local governments from imposing stricter criteria that could sidetrack developments. An example of how the law has eased local requirements involves parking. Updates require local governments to reduce their parking requirements if the proposal has nearby parking or access to transit. 

What will change in the future?

There are already proposals in the pipeline, with some hoping to go into effect yet this year. SB 675 proposes an increase in the period of timing that rental units qualify as affordable from 30 years to 50.  A strategic development plan that includes a legal feasibility audit can take advantage of the benefits available through Florida’s Live Local Act and provide analysis of other potential offerings. It is wise for developers to take advantage of these opportunities. Not only can they lead to a solid return on their investment, but they also offer a means to help better the communities they serve. ]]> On Behalf of Geller Law Firm, PA <![CDATA[Changing the zoning for commercial property in Broward County]]> https://www.gellerlawfirm.com/?p=47922 2025-09-06T22:50:49Z 2025-09-06T22:50:49Z Contact the right authorities The first step in making zoning adjustments is to establish who has the authority to modify the current zoning. There are multiple different areas in South Florida that are subject to the authority of different entities. For example, those seeking to modify zoning in an unincorporated area must work with the Broward County Planning and Zoning Division. Those seeking to make a zoning adjustment in Fort Lauderdale must communicate with the Zoning Division of the City of Fort Lauderdale.

Submit an application

Each zoning authority has its own paperwork. Typically, the property owner must submit an application requesting rezoning or a zoning variance. Property owners must ensure that their proposed plans comply with Unified Land Development Regulations (ULDR), as well as any community development plans established by the local municipal authorities. Property owners may need to address how their proposed changes or development could affect the character of the community and natural resources.

Prepare for a lengthy process

Application processing is complex. Occasionally, zoning adjustments and variances are straightforward. Local authorities may approve them relatively quickly. However, much of the time, the process takes multiple months. Particularly when there is reason to believe that the change in zoning could have an impact on other nearby properties, feedback from other owners might be part of the rezoning process. Those attempting to manage property development and run companies often require the support of real estate lawyers who are familiar with zoning variances and adjustments. Securing assistance when dealing with zoning concerns can increase the chances of success while reducing the stress experienced by property owners, investors and business leaders.]]> On Behalf of Geller Law Firm, PA <![CDATA[The “Geller Amendment” – One solution to higher housing prices in Broward County]]> https://www.gellerlawfirm.com/?p=47917 2026-03-04T16:12:20Z 2025-06-10T05:40:36Z
  • Permits but doesn’t require local governments to pass an ordinance giving them the ability to authorize residential development on commercial property.
  • Requires that when the local government authorizes residential development, it is in addition to, and not instead of, commercial development.
  • Permits this development only on arterial roadways, within certain distances of rail stations or inside Activity Centers (RACs or LACs).
  • Requires either a certain percentage of affordable housing or payments to a city or county affordable housing trust fund. The number of market-rate units given for each affordable unit depends on whether the affordable unit is workforce or medium income (80 to 120% of AMI), low or moderate income (50 to 80% of AMI), or low or very low income (under 50% of AMI). Different groups refer to these percentage ranges using different titles. The AMI for a Broward County household at the end of 2024 was $89,100. If instead of building affordable housing, developers wanted to pay into an Affordable Housing Trust Fund, that number started at $10,000 per unit and has been annually adjusted for inflation. If a developer wants to build 135 units, they might have to build 15 units at 50 to 80% of AMI or contribute $1,350,000 (adjusted for inflation) by calculating 10,000 per unit times 135 units.
  • If local governments make approvals of the use of the Geller Amendment a conditional use or special exception, there are no county financial incentives to the city. If the local governments make approvals a permitted use, there are county financial incentives for the local government.
    • The Geller Amendment continues to be modified, and current working groups are drafting additional amendments to it. The Geller Amendment is only one version of densification. In a future article (or articles), I’ll explain the state “Live Local” act.]]>         by Steven Geller <![CDATA[Why housing is so expensive in Broward County]]> https://www.gellerlawfirm.com/?p=47911 2026-03-04T16:11:36Z 2025-04-28T05:11:22Z