CONA

What Every Sarasota County Resident Should Know

 

Sarasota County currently has 18 proposed Live Local Act developments under review (Link)

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Because these projects could significantly affect neighborhoods throughout Sarasota County, the Council of Neighborhood Associations (CONA) created this page to help residents better understand Florida's Live Local Act, how it works, and why it has become the subject of litigation in Sarasota County.

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Frequently Asked Questions

 

What is the Live Local Act?

The Live Local Act is a Florida law intended to encourage the construction of affordable rental housing by providing qualifying developments with significant land-use incentives.

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The Act applies to property zoned for commercial, industrial, or mixed use. The Legislature has also extended the Act to certain government-owned properties and certain qualifying religious institution properties regardless of their underlying zoning.

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To qualify, at least 40% of the residential units in a proposed development must be affordable rental units for at least 30 years. In exchange, qualifying developments may receive significant increases in residential density and building height, depending on the location and the provisions of the law.

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Why does the Live Local Act apply to commercial, industrial, and mixed-use areas?

The Legislature designed the Live Local Act to encourage housing in areas where employment centers, shopping, services, and existing infrastructure are commonly located.

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By allowing additional housing in these areas, the law seeks to increase the supply of rental housing while placing residents closer to jobs and everyday services.

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For that reason, Sarasota County Commissioners interpreted the statute as applying only to the zoning districts specifically identified by the Legislature.

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Why is there controversy over the Live Local Act in Sarasota County?

The Sarasota County Commission concluded that the Live Local Act applies to property zoned for commercial, industrial, and mixed use, as stated in the statute.

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Several developers disagree and have filed lawsuits arguing that certain residential zoning districts should also qualify because they permit limited commercial activities. If the developers prevail, the courts could expand the application of the Live Local Act beyond the zoning districts specifically identified in the statute.

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Because Sarasota County currently has 18 pending Live Local Act applications, the outcome of these lawsuits could significantly affect how the law is applied throughout the county.

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What does "affordable housing" mean under the Live Local Act?

The Live Local Act uses Florida's statutory definition of affordable housing, which is based on Area Median Income (AMI). For Sarasota County, the current income limit for a household at 120% of the Area Median Income is approximately:$131,520 per year

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A household earning up to that amount may qualify for one of the required affordable rental units.

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Does the Live Local Act require housing only for low-income households?

No. The Act does not require developers to provide housing exclusively for low-income households.

Instead, a project qualifies if the required affordable rental units serve households earning up to 120% of the Area Median Income.

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How much could an affordable apartment rent for?

Under the current Florida Housing rent limits, an affordable two-bedroom apartment for a qualifying household may rent for approximately:  $2,400 per month

These rent limits are updated periodically by the State.

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Are all of the apartments required to be affordable?

No. Only at least 40% of the residential units must meet the affordability requirements.

The remaining units may generally be rented or owned as condos at market rates.

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Can a Live Local development include luxury apartments?

Yes. The Live Local Act does not limit the rents charged for the market-rate units in a project.

While at least 40% of the units must satisfy the affordability requirements, the remaining units may generally be rented at market rates.

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Are Live Local projects apartments or condominiums?

The Live Local Act is primarily designed to encourage rental housing because at least 40% of the units must remain affordable rental units for at least 30 years.Most Live Local developments are therefore expected to be apartment communities.

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However, the statute does not expressly prohibit a project from containing a combination of rental apartments and for-sale condominiums, provided the project continues to satisfy the Act's affordability requirements.

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Does the Live Local Act address Airbnb, VRBO, or subleasing?

No. The Live Local Act does not specifically address vacation rentals, Airbnb, VRBO, or subleasing.

Those issues may instead be governed by lease agreements, recorded affordability covenants, local ordinances, or other provisions of Florida law. The Act itself is silent on those subjects.

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Who ensures that a project remains affordable for 30 years?

The law requires affordability for at least 30 years.  Residents have asked how that requirement will be monitored over time.

Questions include:

• Who verifies tenant eligibility?

• Who monitors compliance?

• How often are compliance audits performed?

• What happens if a project fails to comply?

• Which agency is responsible for enforcement?

CONA believes these questions deserve clear public answers.

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CONA Is continuing its research

CONA will continue updating this page as additional information becomes available.

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Disclaimer

This webpage is intended for educational purposes only. It summarizes provisions of Florida's Live Local Act and related public information. It is not legal advice.