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Davie adopts ordinance to implement Live Local Act review process; council debate centers on transparency and administrative review
Summary
On second reading the Town Council adopted a code amendment to implement administrative review procedures required by Florida's Live Local Act for qualifying projects. Council discussion focused on maintaining public participation and whether council review authority was narrowed; ordinance passed 4–1.
The Town Council of Davie on second and final reading adopted a code amendment implementing administrative procedures for projects qualifying under Florida’s Live Local Act, a state statute that creates an administrative review path for certain high‑density housing projects.
The ordinance amends chapter 12 of the Town Code to require that qualifying Live Local projects complete the town’s site‑plan and public‑participation processes but have their final determination made administratively (by an administrator or designated hearing officer) in order to comply with the state statute. Council members debated whether the change in final decision authority would reduce transparency and the council’s ability to review design or density decisions.
Town staff and the town attorney told council the draft ordinance was shaped to maximize the town’s ability to require coordinated site‑plan review and public participation while meeting the statutory requirement that approvals be administrative. The town attorney noted that without an implementing ordinance, the Live Local statute’s administrative process could be interpreted to limit town review to building permits rather than site‑plan review.
Some council members urged additional study. Council member Starkey said she wanted more time to assess whether transferring final authority to an administrator would reduce council oversight over issues such as design and the overall aesthetic appearance of projects. Other council members emphasized that the ordinance retains a public‑participation step and that the town could still monitor administrative hearings.
After debate, the council approved the ordinance on final reading. The roll call vote recorded Vice Mayor Hatton, Council member Whitman, Council member Lewis and Mayor Paul voting yes; Council member Starkey voted no. The mayor and several council members said staff will ensure the administrative process includes opportunities for public input and that the town will monitor outcomes and return to council if additional changes are needed.
The ordinance text directs that projects submitted under the statute complete the usual site‑plan review and public participation processes but that the final determination for qualifying projects shall be made by an administrator or designee, consistent with the Live Local Act’s requirements. Staff said public participation procedures will be applied to the administrative review to preserve transparency.
