Subject:
Title
Revisions to BCC-100, “Evaluation Procedures for Development Proposals Pursuant to the Live Local Act Which Are Not Otherwise Permissible.”
End
Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approve the proposed amendments and adopt the attached Policy, BCC-100.End
Summary Explanation and Background:
On March 29, 2023, the Live Local Act was signed into law by Governor DeSantis. This Act is designed to facilitate and encourage the development of affordable housing. Included in this Act were several requirements regarding land use as it relates to affordable housing developments. In response, in October 2023, the Board of County Commissioners instituted BCC-100, “Evaluation Procedures for Development Proposals Pursuant to the Live Local Act Which Are Not Otherwise Permissible,” as its mechanism to implement the land development aspects of the Act.
Staff recommended addressing the matter through Board policy rather than Ordinance because it expected the “law to continue to develop and be clarified in the foreseeable future.” During the 2024 Legislative Session, the Legislature made further Amendments to the law via Chapter 2024-188, Laws of Florida, and the Policy was updated accordingly.
During the 2025 and 2026 Legislative Session, the Legislature made further Amendments to the law via Chapter 2025-172, Laws of Florida, and Chapter 2026-179 (CS/CS/HB 1389), effective 7/1/2026.
Proposed substantive changes to the Policy include:
• Regardless of zoning, properties owned by the County or School District are now eligible for Live Local Act projects, provided the County or School District, respectively, is a party to the application
• Regardless of zoning, properties larger than 3 acres that are owned by a "religious institution" and that contain a "house of public worship" for at least 10 years prior to application, must now be approved for Live Local Act projects, provided the religious institution is a party to the application and the house of public worship continues to operate after project construction is complete.
o We used the statutory definition for "religious institution", but the statute does not provide for a definition of "house of public worship". We drafted the language to in the review section to specify that it be a physical, on-site structure that provides in-person worship services, speaking to the spirit of the other related definitions in statute.
• Live Local Act projects are now not allowed in the BBIA/ACSC, within recorded conservation easements, or on any lands subject to "open space district" (or similar) LDRs
• Clarification that assemblages of adjacent parcels are eligible for Live Local Act projects
• Clarification that allowable heights cannot be restricted by any height-related setbacks or stepbacks that are more restrictive than those required by currently required by code for the subject properties
The attached proposed Board Policy, BCC-100, is designed to implement those land use requirements contained in the Act.
It should be noted that, while this policy would be an additional avenue for developers pursuant to the Act, current Land Development Regulations relating to affordable housing will remain in effect (see especially Chapter 62, Article XVIII, “Affordable and Workforce Housing Incentives,” Brevard County Code of Ordinances).
On June 15, 2026, the Planning and Zoning Board heard the request and recommended that the Board consider requiring electronic or mailed notices to people who would be affected by the Administrative Approval within a 500-foot area.
Clerk to the Board Instructions:
None