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Wide public debate over Live Local Act eligibility for planned developments; commissioners continue hearing to Sept. 10

Hillsborough County Board of County Commissioners · August 8, 2024
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Summary

Developers, housing advocates and community members urged opposing outcomes after the county proposed excluding planned developments from Live Local Act eligibility. Attorneys warned of vested-rights and Bert Harris implications; the board took no vote and continued the item to Sept. 10 for further analysis.

The county held a prolonged public hearing and extensive public comment on proposed LDC amendments to implement Florida’s Live Local Act, including a proposal to exclude planned developments (PDs) from eligibility. Presenters and dozens of public commenters split sharply: developers and affordable-housing advocates urged retaining PD eligibility to maximize housing supply under Live Local, while some commissioners and local advocates argued the state law overreaches and that the county should protect local land-use controls.

Developers described lost investments and legal risk. Bobby Anderson of Alliance Residential said he received a verification letter for a Live Local-eligible site, spent roughly $500,000 on design work and later had the application rejected, urging predictability: "We can't continue to do business this way." Housing advocates, workforce employees and teachers told commissioners the Live Local Act is a tool to increase attainable housing for essential workers. Attorney Elise Batzel warned that a recent informal attorney-general opinion could undercut attempts to carve out PDs and urged caution, noting a local analysis that identified more than 1,000 PDs that appear eligible under county code — exposing thousands of acres of vested rights that could trigger litigation if rights are reversed. County counsel and commissioners discussed legal uncertainty, and the board did not vote; the second hearing was scheduled for Sept. 10.