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Sarasota County is involved in litigation over whether Florida’s Live Local Act applies to properties zoned for residential, rural and open-use purposes.

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On April 7, 2026, the Sarasota County Commission voted unanimously to direct county staff that residential, rural and open-use zoning districts do not qualify for development under the Live Local Act. The County’s current website states that these districts do not qualify because the law applies to areas zoned for commercial, industrial or mixed use. Developers and property owners have challenged that interpretation in court.

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This page collects court information, Sarasota County staff reports, meeting materials, legal opinions and news coverage related to the dispute.

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Current Status

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As of July 28, 2026:

• Sarasota County reportedly faces four lawsuits arising from the County Commission’s April 7 policy decision.

• The first lawsuit was filed by Yeshua’s Love Biblical Fellowship of Sarasota Florida Inc. and Curco Land Holdings LLC.

• The second was filed by SITC Inc.

• A third lawsuit reportedly was filed on June 30, 2026.

• A fourth reportedly was filed on July 3, 2026.

• Judge Hunter W. Carroll heard arguments in the Yeshua’s Love/Curco case on June 30 and said he would issue an order as soon as possible.

• No ruling in that case had been reported as of July 24, 2026.

Because court cases and applications remain active, documents and case information may change.

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Pending Court Cases

 

1. Yeshua’s Love Biblical Fellowship and Curco Land Holdings v. Sarasota County

Court: Twelfth Judicial Circuit Court, Sarasota County
Case number: 2026-CA-002716-NC
Filed: May 15, 2026
Judge: Hunter W. Carroll
Property: 8893 Fruitville Road
Zoning: Open Use Estate
Proposed development: Approximately 350 to 352 rental units

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What the lawsuit challenges

The plaintiffs challenge the County Commission’s April 7 decision excluding Open Use Estate and other residential, rural and open-use zoning districts from Live Local Act eligibility.

The plaintiffs contend that Sarasota County should continue administratively processing their Live Local application. They also argue that the County improperly applied its new policy to an application already moving through the review process.

The County argues that Open Use Estate is fundamentally a rural, agricultural and low-density residential district—not an area zoned for commercial, industrial or mixed use merely because certain limited nonresidential uses are permitted.

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Important filings and proceedings

• May 15, 2026: Complaint filed.

• May 28, 2026: Plaintiffs sought a preliminary injunction preventing the County from enforcing the April 7 policy against their application.

• June 9, 2026: Sarasota County filed a motion to dismiss.

• June 30, 2026: Judge Carroll heard arguments on the County’s motion.

• Status: Ruling pending as of July 24, 2026.

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Case and news links

• Public case summary – Trellis

• Judge hears arguments in first Sarasota County Live Local lawsuit – Sarasota News Leader

• Sarasota County sued over efforts to block Live Local projects – WUSF

• Sarasota County sued over efforts to block Live Local projects – ABC7

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2. SITC Inc. v. Sarasota County, Florida, et al.

Court: Twelfth Judicial Circuit Court, Sarasota County
Case number: 2026-CA-002807-NC
Filed: May 20, 2026
Property: Approximately 2000 Lorraine Road, with adjoining property
Zoning: Open Use Estate-1
Proposed development: Approximately 500 to 504 rental units

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What the lawsuit challenges

 

SITC challenges Sarasota County’s refusal to continue processing the company’s Live Local proposal after the County Commission determined that Open Use Estate property does not qualify under the statute.

The lawsuit also seeks relief involving the individual county commissioners. The amended complaint alleges that commissioners acted outside their legal authority and in bad faith when they adopted the April 7 policy.

Attorneys representing the County and Commissioner Tom Knight contend that the claims against commissioners personally are legally unsupported because commissioners were acting in their official legislative and policymaking roles.

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Important filings and proceedings

• May 20, 2026: Initial complaint filed.

• June 15, 2026: County filed a motion seeking dismissal of claims, including claims against commissioners.

• July 2, 2026: SITC filed an amended complaint asserting additional claims against the commissioners.

• July 2026: Attorneys for the County and Commissioner Knight sought dismissal of the personal-capacity claims.

• July 2026: Commissioner Knight’s attorney served a motion seeking sanctions if the personal claims were not withdrawn.

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Case and news links

• SITC case reference – Case No. 2026-CA-002807-NC

• Developer seeks to hold Sarasota commissioners personally liable – Suncoast Searchlight

• Lawyer fights effort to hold Sarasota commissioners personally liable – WUSF

• Sarasota County sued over efforts to block Live Local projects – ABC7

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3. Lawsuit Filed June 30, 2026

A third lawsuit challenging Sarasota County’s Live Local Act policy reportedly was filed on June 30, 2026.

The plaintiff, property and case number have not yet been identified in the published reporting reviewed for this page.

• Search Sarasota County court records

• July 24 Sarasota News Leader report identifying four lawsuits

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4. Lawsuit Filed July 3, 2026

A fourth lawsuit reportedly was filed on July 3, 2026.

The plaintiff, property and case number have not yet been identified in the published reporting reviewed for this page.

• Search Sarasota County court records

• July 24 Sarasota News Leader report identifying four lawsuits

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How to Access Court Filings

Court pleadings, motions, judicial orders and hearing information should be verified through the Sarasota County Clerk of the Circuit Court.

• Sarasota County Clerk of the Circuit Court

• Twelfth Judicial Circuit online case-search instructions

 

Search by the case number or party name:

• 2026-CA-002716-NC — Yeshua’s Love/Curco

• 2026-CA-002807-NC — SITC Inc.

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The Clerk’s system may require users to accept its access terms or register before viewing certain documents.

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Sarasota County Staff Reports and Legal Materials

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Visit Sarasota County’s official Live Local Act page

The County currently states:

“All residential, rural, and open use districts in the Unified Development Code do not qualify under the Live Local Act.”

The page also explains that qualifying projects are handled through an administrative site-development review rather than through the normal rezoning or public-hearing process.

 

January 13, 2026 Staff Update

Subject: Update on the administrative process for Live Local Act proposals.

This was an early County Commission presentation explaining how staff intended to review Live Local applications.

• January 13, 2026 County Commission meeting and agenda

• January 13, 2026 agenda packet

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March 24, 2026 Staff Report and Board Discussion

Subject: Live Local Act Administrative Review Process and Statutory Compliance.

The report and discussion addressed questions about whether properties zoned Open Use Estate, Residential Estate and other low-density categories could qualify because those districts permit limited nonresidential uses.

• March 24, 2026 County Commission meeting and agenda packet

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April 7, 2026 County Attorney and Staff Report

On April 7, County Attorney Joshua Moye advised commissioners about the statutory language and litigation risks associated with excluding residential, rural and open-use districts.

Following the report, commissioners unanimously directed staff that:

• Residential districts do not qualify.

• Rural districts do not qualify.

• Open-use districts do not qualify.

• Eligible Live Local projects remain limited to land zoned for commercial, industrial or mixed use.

County Attorney Moye cautioned that developers would likely challenge the decision and that the Live Local Act permits an award of attorney fees and costs to the prevailing party, subject to the statutory cap.

• Sarasota County Commission agendas and meeting records

• News report summarizing the April 7 staff presentation and vote

• Suncoast Searchlight/Florida Trident report on the April 7 vote

 

April 21, 2026 County Attorney Update

Commissioners directed the County Attorney to:

• Obtain an independent legal opinion regarding the application of the Live Local Act.

• Request guidance from the Florida Attorney General.

• Continue evaluating the legal status of applications affected by the April 7 policy.

• April 21 report on the request for outside counsel

 

April 30, 2026 County Attorney Memorandum No. 1908

County Attorney Joshua Moye provided commissioners with Interoffice Memorandum No. 1908.

The memorandum included or discussed:

• The request for an outside legal opinion

• The request for an opinion from the Florida Attorney General

• The absence of extensive settled case law interpreting the Act

• Potential litigation and attorney-fee exposure

• The legal uncertainty surrounding unusual local zoning classifications

The memorandum and outside legal opinion were discussed publicly at the May 5 County Commission meeting.

• May 5, 2026 agenda packet containing the County Attorney update

 

Independent Legal Opinion from Nabors, Giblin & Nickerson

Sarasota County retained the law firm Nabors, Giblin & Nickerson to provide an outside legal analysis.

The opinion discusses:

• State preemption of local land-use authority

• The definitions of commercial, industrial and mixed use

• Residential and agricultural districts

• Open-use zoning

• Administrative approval

• Height, density and parking preemptions

• Attorney-fee exposure

• Pending litigation elsewhere in Florida

• Changes approved by the Florida Legislature in 2026

The opinion noted that much of the litigation involving the Live Local Act had either settled or remained pending, leaving limited final appellate guidance for local governments.

• Summary of the independent legal opinion – Sarasota News Leader

• May 5 agenda packet containing the legal update

 

Request for Florida Attorney General Opinion

The County Attorney’s Office requested an opinion from the Florida Attorney General concerning the land-use provisions of the Live Local Act.

The request was included with or referenced in County Attorney Memorandum No. 1908.

• May 5, 2026 County Commission meeting and agenda packet

• Report discussing the Attorney General request Sarasota News Leader

 

May 19, 2026 Staff Update

County staff presented another Live Local Act update following the April policy decision, the independent legal opinion and legislative developments in Tallahassee.

• May 19, 2026 County Commission meeting

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Florida Statutes and Legislation

 

Current Live Local Act Statute

• Florida Statute §125.01055 – Affordable Housing

The law governs qualifying affordable multifamily and mixed-use residential development in counties.

 

2026 House Bill 1389

House Bill 1389 amended the Live Local Act and added or clarified exclusions affecting open-use, agricultural and conservation properties. The amendment took effect July 1, 2026.

The parties disagree over whether those provisions merely clarified the law’s original meaning or created new exclusions that do not control applications submitted under the earlier version. That question is central to the pending Sarasota County litigation.

• Florida House Bill 1389 information and bill documents

 

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Related Litigation Elsewhere in Florida

 

Court decisions elsewhere may influence how the Live Local Act is interpreted in Sarasota County.

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Hillsborough County Constitutional Challenge

Hillsborough County filed suit challenging portions of the Live Local Act on constitutional and due-process grounds.

Hillsborough County sues state over Live Local Act – Axios Tampa Bay

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Other Florida Cases

Legal disputes involving proposed projects in Plant City and Hollywood also have raised questions about the Act’s application to zoning, height, density and administrative review. Many early Live Local cases have settled or remained unresolved, leaving limited appellate precedent.

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Important Notice

This page is provided for public information and community education. It is not legal advice.

Court cases, legislation and development applications can change quickly. Readers should verify the current status through:

• The Sarasota County Clerk of the Circuit Court

• Sarasota County’s official Live Local Act page

• Sarasota County Commission agendas and meeting records

• The Florida Legislature’s official website

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Have updated court documents or information? Please contact CONA so this public library can be kept current.