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 Li...
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