Commissioners worry the state law, intended to promote affordable housing, undermines home rule.
By Noah Bookstein
Original Air Date: May 6, 2026
Host: The Sarasota County Commission does not cease to surprise these days. In another rather unexpected vote two weeks ago, the Sarasota County Commissioners tried to rein in a state law called the Live Local Act. The move set the county on a confrontation course with the state, and the commissioners are now trying to understand the legal implications. Noah Bookstein explains.
Noah Bookstein: The Live Local Act is billed as a legislative strategy to promote the development of much needed affordable housing. Affordable housing is defined in terms of the income of those occupying the home. Affordable housing is only available to families who meet certain income requirements. The government measures this against the area median income, essentially the middle of the earnings range for a given region.
One of the features of the Live Local Act is that it allows developers to bypass local zoning if projects meet certain criteria, including that 40% of the units are affordable. Live Local also allows developers to bypass public hearings where residents would normally be able to provide input. Projects pitched under the live local act go straight to municipal staff for administrative review, where the public and elected officials have no input. The Administrative Review process is statutory, so if it turns out the project meets the law’s requirements, then it has to be approved.
Tax breaks, zoning preemptions and streamlined approval processes aim to accelerate construction by limiting local government’s ability to deny projects. Local residents and government officials are concerned new proposed projects that could be built under Live Local are out of step with current zoning regulations and the character of areas in the east of Sarasota County that still feel more rural.
Seeking to understand their legal options to prevent live local developments, Sarasota County Commissioners directed their own legal team to assess how much control the county actually retains over development under the Live Local Act. County Attorney Joshua Moye:
Joshua Moye: First, we reached out to the Florida Association of County Attorneys. They responded that they do not have an official position on the Live Local Act. Second, we engaged the law firm of Nabors, Giblin to provide an outside legal opinion as to the general applicability and application of the Live Local Act. They were able to meet the board’s tight time frame, and we forwarded their opinion to the board last Friday. Finally, we requested an Attorney General opinion. It was included in the interoffice memo number 1908 which was sent to the board last Thursday. We will update the board once we know whether the Attorney General decides to provide an opinion or not.
NB: WSLR News reviewed the report from Nabors, Giblin & Nickerson. The memo admits Live Local has become one of the most significant state-level preemptions of local land use and zoning authority in recent years. It is candid about how there is almost no settled case law interpreting the act. Most legal challenges have either settled or remained pending, leaving counties like Sarasota navigating significant legal uncertainty, even after paying for an expert opinion. The memo says that as applications continue to evolve, they should be reviewed on a case by case basis.
Hillsborough County Commissioners voted unanimously to file a lawsuit that alleges the Live Local Act violates the due process provisions in the state constitution by depriving affected property owners of the ability for their voices to be heard. It also argues the Live Local Act unconstitutionally allows developers to ignore agreements with Hillsborough County about land use. The case has not been decided.
Sarasota County has very little room to maneuver. The act overrides local zoning authority on use, height, density, parking and the approval process itself. The memo essentially tells the county, “Comply or get sued and potentially pay the other side’s bills.” If a developer successfully challenges a county for blocking a qualifying project, the county must pay up to $250,000 of the developer’s legal fees.
It seems that new affordable housing developments in areas not zoned for them are almost inevitable. Developers don’t always want to build affordable housing, preferring instead to focus on projects that yield higher profit margins. In Florida’s expensive, competitive housing market, workers are often priced out of the communities they serve. The Live Local Act was specifically branded as one possible solution to the goal of helping Florida workers live where they work. For example, workers who serve Sarasota companies often commute nearly 50 miles one way from towns outside the county, such as Ruskin and Arcadia. Other possible solutions to this problem include wage increases or further investments in transportation, but the state has decided to explore avenues for further construction development projects.
A new amendment to Live Local is on the governor’s desk awaiting his signature. The new amendment proposes land under existing conservation easements and certain rural and agricultural lands will remain under the county’s control and get some further protection from potential developments. Commissioner Tom Knight expressed hope that it would pass.
Tom Knight
Tom Knight: I think our policy are decisions intact, and there’s a lot of different opinions, but hopefully the new law goes into effect—doesn’t get vetoed, and maybe goes into effect before July 1, but at the latest would be July 1, and that would certainly give a lot of clarity to the community about the Live Local Act. Let’s hope that we get there.
NB: The protection is narrow, however, and undeveloped land that isn’t actively farmed or formally placed under a conservation easement remains exposed.
WSLR and Fogartyville will host a Talk of the Town event this Saturday at 11 a.m. featuring Commissioner Tom Knight, an investigative journalist and a grassroots organizer to discuss the Live Local Act.
Reporting for WSLR News, Noah Bookstein.
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