Live Local Act

The Governor and the Florida Legislature passed and signed into law Senate Bill 102 known as the Live Local Act.  It is a comprehensive statewide workforce strategy, designed to increase the availability of affordable housing opportunities for Florida’s workforce, who desire to live within the communities they serve.  In addition to the multitude of new programs, incentives and opportunities, this legislation works to refocus Florida’s housing strategy in ways that make housing more attainable.  Although parts of the Act have great programs and incentives, the business side of this Act presents overwhelming concerns for DeBary. In reality, this Act poses many threats that could have a significant impact in individual subdivisions, resident property values and ad valorem property tax rates.   You can read the full bill at this link. 

On November 7,  City Manager, Carmen Rosamonda, addressed residents at a special community meeting outlining how Senate Bill 102 can impact the City of DeBary and our residents.   His presentation can be found at this link and the link to program is at the livestream link below.  

In November and December, the City Manager visited Tallahassee to speak directly to legislators outlining the specific recommendations that were presented to citizens.  Other cities, from within Volusia as well as other counties have also expressed their support for the recommendations and their desire for revisions.  These recommendations are now in the hands of the State Legislature.  The session begins in January and ends in early March.  We will continue to monitor legislation to see if any revisions are introduced and adopted. 

WATCH THE LIVESTREAM HERE

What can residents do?

Because this is a state law, residents can reach out to state representatives to encourage changes to the statutes impacted by this bill.   We have drafted a letter residents can use and below is a list of legislators and their email addresses you can write.  You can download the letter here and copy and paste into an email.  Let your voices be heard. Together we can make a difference!

Revisions include: 

1. Exempt Commercial, Industrial and Mixed Uses within PUDs
2. Eliminate 80%-120% Median Income Range Use 80% or less only Median Income Range Only Force Developers to use Tax Exemptions to Subsidize Rental Rates
3. Exempt Jurisdictions with populations of 30,000 or less and/or less than $50M in annual General Fund Revenues
4. Eliminate Highest Density Requirement Establish a Maximum of 12 Units/Acre, which a city may expand if they desire
5. Eliminate Automatic  Administrative Approvals
6. Eliminate Affidavits Institute Audit Authority; Annual Audits
7. Revise mixed use minimum square footage and establish a maximum of 75% square feet for multifamily
8.  Clarify language in section 166.04151(7)(h)  to include commercial and mixed use to the recreational waterfront exemption. 

Below is a list of legislators and their email addresses you can write. 

• Senator Alexis Calatayud - Calatayud.Alexis.web@flsenate.gov (Co-Sponsor of the Live Local Act bill)
• Senator Travis Hutson - Hutson.Travis.web@flsenate.gov
• Senator Kathleen Passidomo - Passidomo.Kathleen.web@flsenate.gov  ( President of the Senate and the chief Sponsor of the live local bill)
• Senator Tom Wright - Wright.tom.web@flsenate.gov   (DeBary Senator)
• Representative Webster Barnaby - Webster.Barnaby@myfloridahouse.gov
• Representative Tom Leek - Tom.Leek@myfloridahouse.gov
• Representative Stan McClain - Stan.McClain@myfloridahouse.gov  (DeBary Senator)
• Representative Chase Tramont  -Chase.Tramont@myfloridahouse.gov

Link to Event Registration Email

FAQs:

Where can affordable housing be built in DeBary?

Section 166.0451(7) (a) requires that municipalities must allow affordable multifamily housing for any areas zoned for commercial, industrial or mixed use if they meet the 40% criteria. Much of the City’s commercial, industrial and mixed use zoning are within Planned Unit Developments (PUD). PUDs are negotiated contracts between the City and developers. The City’s position is that this section does not supersede these negotiated PUD agreements and affordable housing will not be allowed within existing PUDs. However, we have serious concerns with various interpretations and case law that that affordable housing may be allowed within PUDs. If so, commercial, industrial and mixed use areas in front of DeBary Plantation and Glen Abbey and surrounding the SunRail Station are at risk.

If Live Local Houseing comes to DeBary, what would it look like?

Section 166.0451 (7)(b) and Section 166.0451 (7)(c) removes a municipality’s ability to restrict the amount of apartments and the height of the buildings for each project. In 2010, the City Council created a Transit-Oriented Development (TOD) District around the SunRail Station. As typical around mass transit systems, the City designated only a very small area around the Station to be 32 livable units per acre. However, the Live Local Act section on density mandates that any apartment projects that meet the law’s criteria can be located anywhere in the City. In addition, the section on height mandates apartments within one mile of the TOD District can be built up to fifty (50) feet tall.

If the interpretation or case law supersedes PUD agreements, this law poses a real threat to our community. The 17.34 acres of vacant land in front of DeBary Plantation could house up to 555 apartments and the approximate 6.875 acres in front of Glen Abbey could house up to 220 apartments. The law would prevent the City from denying these projects.

What is the impact on City government and revenues?

Section 196.1978(3)(d)(1) discusses the tax exemption for these projects. If an apartment project has 40% of their units meet the affordable housing criteria (80%-120% median income) they will be eligible for a 75% property tax exemption from school, county and city taxes. If 40% of their units meet the affordable housing criteria (80% or less), they will be eligible for 100% tax exemption from school, county and city taxes. 

The financial repercussions on local governments statewide will be staggering, including DeBary. As these Live Local apartment developers buy our commercial and industrial tax base, the tax exemption will significantly impact our City revenues.

In addition, these projects will be built in areas not designed for this type of density and will have a significant threat on our infrastructure, public safety services and other costs. Even though the developer pays for their proportionate share of infrastructure impact, it will be the City bearing the remaining costs. Unfortunately, we as residents will be responsible for these costs, significantly increasing all of our ad valorem property tax rates. The Live Local Act mandates leave local government no choice.

Can City Council deny these projects?

Section 166.0451(7)(d) clarifies that the Live Local Act removes the City’s Home Rule, meaning Live Local apartments meeting these criteria stated in this article are to be administratively approved and will never be presented to our City Council. This mandate conflicts with our City’s comprehensive planning of our community.

Supporting Live Local Act Sections:

Read the entirety of Senate Bill 102 HERE. Below are the above mentioned sections from the Live Local Act:

Under Section 166.0451 (7)(b), Florida Statues, it states, “A municipality may not restrict the density of a proposed development authorized under this subsection below the highest allowable density on any land in the municipality where residential development is allowed.” 

Under Section 166.0451 (7)(c), Florida Statutes, it states, “A municipality may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential development located in its jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher.”  

Under Section 166.0451(7)(a), Florida Statutes, it states, “A municipality must authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed-use if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in s. 420.0004.  .  Notwithstanding any other law, local ordinance, or regulation to the contrary, a municipality may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection.”

Under Section 196.1978(3)(d)(1), Florida Statues, it states, “ Qualified property used to house natural persons or families whose annual household income is greater than 80 percent but not more than 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county in which the person or family resides, must receive an ad valorem property tax exemption of 75 percent of the assessed value. 

2. Qualified property used to house natural persons or families whose annual household income does not exceed 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county in which the person or family resides, is exempt from ad valorem property taxes.”