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County staff say "Live Local" housing law can be used here but legal ambiguity over TDU process prompts board to direct further study
Summary
County planning staff told the Charlotte County Board of Commissioners Feb. 11 that Florida’s Live Local Act creates administrative pathways and incentives for multifamily workforce housing, but legal questions about the county’s transfer‑of‑density (TDU) process prompted the board to ask staff for further options analysis.
Charlotte County planning staff briefed the Board of County Commissioners on Feb. 11 about implementing Florida’s Live Local Act, saying the law creates a faster administrative route for many multifamily workforce and affordable housing projects while preserving other safety and land‑use rules.
Planning official Sean Culliman explained key Live Local provisions: it allows certain administrative site plan approvals without rezoning or comprehensive plan amendments for projects that meet statutory affordability and design criteria, offers impact‑fee exemptions and tax refunds, and supports programs such as a codified Hometown Hero down‑payment assistance fund. Staff noted that Live Local does not exempt floodplain rules, concurrency, or some local technical code requirements; parking exemptions apply only when projects are near fixed‑route transit.
The session shifted when an outside draft legal memo circulated to commissioners argued the Live Local Act’s language — particularly a “notwithstanding any other law” clause — might prevent local governments from requiring developers to purchase transfer‑of‑density units (TDUs) or otherwise limit how the county applies its incentive density program. County legal staff said the county attorney had reviewed the statute and concluded the Legislature did not intend to remove local controls in every instance; staff emphasized that the county has not yet received any formal Live Local applications and that 1 project conference in Kings Highway did not progress to an application.
Commissioners directed staff to research targeted policy options, including whether the county could reserve some incentive density for Live Local projects (for example to serve lower AMI bands) and whether administrative rules or a clarifying opinion from state agencies or the Legislature would be required to reduce litigation risk. Staff said any code or comprehensive plan changes would require additional public processes and time.
No changes to local law were made at the meeting; the board asked staff to return with options and cost/risk analysis before taking regulatory action.
