Overview

The Live Local Act (“LLA”), as amended and codified in Florida Statute § 125.01055, is a statewide attainable-housing strategy designed to increase the availability of affordable housing across Florida.

Under the LLA, Sarasota County must authorize multi-family and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed-use, and in portions of any flexibly zoned area such as planned unit development permitted for commercial, industrial or mixed-use, if at least 40% of the residential units in a multi-family development are rental units, that for a period of 30 years, are affordable as defined by Florida Statute § 420.0004.

Click here for a link to Florida Statute § 125.01055.

In summary, the statute provides:

Eligible Housing Types

Multi-family and Mixed-use Residential

Development Criteria

Notwithstanding any other law, local ordinance, or regulation to the contrary, Sarasota County may not require a proposed multi-family development obtain a zoning or land use change, special exception, conditional use approval, variance, transfer of density or development units, amendment to a development of regional impact, or comprehensive plan amendment for the building height, zoning, and densities authorized under the Florida Statute § 125.01055(7).

Notwithstanding the provisions of Florida Statute § 125.01055(7), proposed multi-family and mixed-use residential developments must comply with all other applicable Sarasota County Comprehensive Plan provisions and applicable land development regulations, including, but not limited to, those contained within the Unified Development Code (“UDC”).

• Zoning - Multi-family and mixed-use residential developments that meet the requirements of the LLA are permitted as an allowable use in any area zoned for commercial, industrial, or mixed-use, and in portions of any flexibly zoned area such as planned unit development permitted for commercial, industrial, or mixed use, if at least 40% of the residential units in a multi-family development are rental units, that for a period of 30 years, are affordable as defined by Florida Statute § 420.0004.

For mixed-use residential projects, at least 65% of the total square footage must be used for residential purposes.  Sarasota County may not require that more than 10% of the total square footage of such mixed-use residential projects be used for nonresidential purposes.

• Density - Sarasota County may not restrict the density of a proposed development authorized under the LLA below the highest currently allowed, or allowed on July 1, 2023, density on any unincorporated land in Sarasota County where residential development is allowed under Sarasota County’s land development regulations.  For purposes of density, the term “highest currently allowed density” does not include the density of any building that met the requirements of the LLA or the density of any building that has received any bonus, variance, or other special exception for density provided in Sarasota County’s land development regulations as an incentive for development. 

   

• Height - Sarasota County may not restrict the height of a proposed development authorized under the LLA below the highest currently allowed height for a commercial or residential building located within unincorporated Sarasota County within 1 mile of the proposed development or 3 stories, whichever is higher. For purposes of this paragraph, the term “highest currently allowed height” does not include the height of any building that met the requirements of the LLA or the height of any building that has received any bonus, variance, or other special exception for height provided in Sarasota County’s land development regulations as an incentive for development.

If the proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential use which is within a single-family residential development with at least 25 contiguous single-family homes, Sarasota County may restrict the height of the proposed development to 150 percent of the tallest building on any property adjacent to the proposed development, the highest currently allowed height for the property provided in Sarasota County’s land development regulations, or 3 stories, whichever is higher. For the purposes of this paragraph, the term “adjacent to” means those properties sharing more than one point of a property line but does not include properties separated by a public road.

• Bonus Density, High, Floor Area Ratio - Qualifying multi-family and mixed-use residential developments may apply for a bonus for density, height, or floor area ratio if the qualifying development satisfies the conditions to receive the bonus, except for any condition which conflicts with LLA.  Such bonus may be administratively approved.

Sarasota County Review Process

Pursuant to Florida Statute § 125.01055, Sarasota County shall maintain on its website a policy containing procedures and expectations for administrative approval under the LLA.

Please follow the steps below if you are interested in developing affordable housing utilizing the provisions outlined in the Live Local Act:

Step 1: Request Live Local Act Development. Applicants shall submit a preliminary statement to the Planning and Development Services Director containing a narrative demonstrating the statutory basis for the requested LLA development.  As part of the preliminary statement, applicants shall disclose how the proposed development complies with the requirement of Florida Statutes § 125.01055(7) (e.g., 40% of the units are restricted to 120% Average Monthly Income (“AMI”) adjusted for family size, using the region’s most recent figures, limiting rents to 30% of said incomes, for at least 30 years).

Step 2 (Required): Meeting with Planning and Development Services Director. Applicants are required to schedule a preliminary meeting with Sarasota County’s Planning and Development Services Director to discuss site specifics under the LLA, along with entitlements and issues related to the specific parcel. Note: The determination of whether a proposed development qualifies under the LLA does not occur until Step 4 - Site Development Process.

Step 3 (Required): Pre-Submittal Meeting. Applicants are required to schedule a Pre-Submittal meeting with Sarasota County’s Development Review Coordination (“DRC”) Staff. This meeting will give the applicant an opportunity to explain the LLA request and to hear from Sarasota County departments about the requirements for Site Development. After completion of the Pre-Submittal meeting, the UDC Administrator or designee will provide the applicant with a written summary of DRC comments. Note: The determination of whether a proposed development qualifies under the LLA does not occur until Step 4 - Site Development Process.

Step 4: Site Development Process. In compliance with Florida Statute § 125.01055, Sarasota County shall process applications for qualifying LLA developments under the LLA administratively. During the review of the Site Development Application, Sarasota County will determine whether the proposed development qualifies as a LLA development in addition to the other applicable Sarasota County Comprehensive Plan provisions and applicable land development regulations, including, but not limited to, those contained within the Unified Development Code (“UDC”). Per Section 124-41 of the UDC, the Applicant will proceed through the Site Development review process which includes submittal, sufficiency, and final action.

Step 5: Building Permits. Per Section 124-50 of the UDC, the Applicant will be required to obtain the appropriate building permits in compliance with the Florida Building Code.

NOTE: During the Site Development process, the Owner shall record a Land Use Restriction Agreement (LURA), or other covenant running with the land, in a form acceptable to the Sarasota County Office of the County Attorney to ensure the development maintains affordability for 30 years as required by the LLA.

Live Local Act Projects

The current dashboard lists projects that have reached Step 3 of the Sarasota County Administrative Review Process. To view additional documents related to the projects listed above, please visit the document folder below. 

Documents