What is the Live Local Act?

Senate Bill 102, cited as the "Live Local Act" became effective in 2023 and was amended in 2024 by Senate Bill 328. Section 3 of the Live Local Act created new subsection (7) in Section 166.04151, Florida Statutes, which relates to affordable housing. 

Eligibility

The statute requires a municipality to authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed-use if at least 40% of the residential units in a proposed multifamily development are units that, for a period of at least 30 years, are affordable as defined in s. 420.0004.

A municipality may not require a proposed Live Local development to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities. For mixed-use residential projects, at least 65% of the total square footage must be used for residential purposes.

Density

A municipality may not restrict the density of a proposed Live Local development below the highest currently allowed density on any land in the municipality where residential development is allowed under the municipality’s land development regulations. The term “highest currently allowed density” does not include the density of any other Live Local development or the density of any building that has received any bonus, variance, or other special exception for density provided in the municipality’s land development regulations as an incentive for development.

Height

A municipality may not restrict the height of a proposed Live Local development below the highest currently allowed height for a commercial or residential building located in its jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher. The term “highest currently allowed height” does not include the height of any other Live Local development or the height of any building that has received any bonus, variance, or other special exception for height provided in the municipality’s land development regulations as an incentive for development.

If the proposed Live Local development is adjacent to, on two or more sides, a parcel zoned for single-family residential use that is within a single-family residential development with at least 25 contiguous single-family homes, the municipality may restrict the height of the proposed development to 150% of the tallest building on any property adjacent to the proposed development, the highest currently allowed height for the property provided in the municipality’s land development regulations, or 3 stories, whichever is higher. 

What are the General Characteristics and Requirements for a Project to Qualify Under the Live Local Act in the City of Sarasota?

• Land to be developed must be currently zoned as either commercial, industrial, or mixed-use. View the drop-down lists below to view all commercial, industrial, and mixed-use zone districts in the City of Sarasota.

• Development types allowed on proposed land are multifamily or mixed-use multifamily projects with at least 65% of total square footage used for residential purposes.

• Highest allowed density on any land in the City of Sarasota where residential development is allowed, excluding any voluntary density bonus programs. The highest allowed density on any land by-right is 50 dwelling units per acre.

• Highest currently allowed height for a commercial or residential development located in the City of Sarasota within 1 mile of the proposed development or 3 stories, whichever is higher.

• Parking must be in accordance with the City of Sarasota Zoning Code.

• Must satisfy the City of Sarasota Zoning Code regulations for multifamily developments in areas zoned for such use and otherwise be consistent with the Comprehensive Plan, with the exception of provisions establishing allowable densities, height, and land use.

• At least 40% of the residential units shall be designated as affordable housing, as defined in Florida Statutes, for a period of at least 30 years subject to an Affordable Housing Agreement. 

What is the Process for a Live Local Project in the City of Sarasota?

1. Property owner submits a site development application to the Development Services Department as required by the City of Sarasota Zoning Code and Development Applications General Information Guidelines.
 
2. Property owner engages with city staff to prepare an Affordable Housing Agreement.
 
3. Once the Live Local development proposal receives final site development construction plan approval, the Affordable Housing Agreement is executed and recorded.
 
4. A fully executed and recorded Affordable Housing Agreement will be a checklist item required for release of approved site development construction plans and authorization to begin development activity as provided in the approved plans.
 
5.  The Development Services Department notifies the Office of Housing and Community Development when the project has been completed and a Certificate of Occupancy is issued.
 
6. The Office of Housing and Community Development will begin monitoring the project for compliance with the Affordable Housing Agreement.