Sarasota commissioners adopt policy to treat several residential/open‑use districts as outside Live Local eligibility

The Sarasota County Commission voted unanimously April 7 to adopt a policy interpretation that RE1, OUE and other residential/open‑use districts will not be treated as qualifying districts under the state’s Live Local Act.

The decision followed extended debate and a legal memo from county counsel describing how the statutory text and legislative history could be read one way but permit a “contextual as‑applied interpretation.” County counsel warned the board that pursuing a policy excluding those districts “is an uphill battle” and could expose the county to legal costs if applicants sue. “If the board does go down that policy interpretation…it is an uphill battle because it does go against the strict language of the statute and it does go against the legislative history,” the county attorney said.

Why it matters: The Live Local Act limits local government control over certain types of housing development. Commissioners said they were responding to constituent concerns about compatibility and infrastructure impacts if higher‑density development were allowed by right. Several commissioners urged staff outreach and transparency as they implement the new policy.

What the motion does: By board direction, staff will treat all residential and open‑use districts (including RE1 and OUE) as NOT qualifying under Live Local for administrative approval. That means applications in those districts will be treated as ineligible for Live Local entitlement unless an applicant challenges the county’s interpretation in court. Staff and counsel said applicants retain the right to pursue declaratory or other legal actions seeking a judicial determination; the county’s policy change is effective immediately as board policy.

Responses and concerns: Commissioner Smith, who made the motion, said the change was intended to protect neighborhoods from unintended higher density. Commissioner Nundor supported pursuing a judge’s interpretation if applicants challenge the decision. Counsel cautioned the board that plaintiffs who prevail in litigation could recover attorney fees in some cases.

Next steps: Staff will update application guidance, notify applicants in affected districts and prepare for potential legal challenges; the county attorney and administrator will coordinate outreach to explain how the board’s policy will be applied.