The newly passed, bipartisan "Live Local Act" which was signed by Governor DeSantis late last week sailed through the legislature with very little fanfare and much applause. It has a lot of very positive provisions, namely the doubling of state dollars for the SHIP and SAIL programs which seek to provide more affordable housing options for citizens. It also has some innocuous provisions related to what local governments can charge to tow and store vehicles within their respective jurisdictions.
But some language in the bill related to approval of housing development is troubling. And it could impact Escambia County in many ways which may have perhaps not been thought through as this was pushed over the finish line.
The biggest and most concerning conundrum this legislation creates is the way in which it specifically limits the county's ability to make important zoning determinations and decisions with respect to commercial properties.
The legislation which is now Florida law has provisions which allow developers to completely bypass local ordiances controlling allowable uses withing commercially zoned parcels of land----if certain conditions are met by the developers. Specifically--if a builder owns commercial property that is not currently zoned by the county for housing--such a developer can now build housing (if a certain percentage of such housing development is alloted for "affordable/workforce" housing) on such parcels with no need for a county's approval. The legislation preempts the local authority to regulate this. (see the language in lines 312-379 of the original bill here)
So this new law potentially complexifies our sale of OLF8 because it opens the possibility that the developer we eventually sell this parcel to--with our intention being that such a developer follow the master plan we have codified in county ordinance--could instead potentially develop the entire parcel with residential. I was invited onto this past Thursday morning's "Real News with Rick Outzen" to discuss these potential issues this new law creates as it pertains to our upcoming sale. You can hear that conversation here. The master plan's compromise specified certain acres for commercial, light industrial (for job creation) with other portions set aside for residential, retail, a town center and amenities. With this new law in place though--all the allowable residential could be built, and a developer could potentially then bypass our zoning to create EVEN MORE residential on OLF 8 under the provisions of this new law. This is the concern I have, and that many others share.
In a conference call I had with county staff and multiple lawyers Wednesday--I was told that because we own the property currently--we may be able to utilize restrictive covenants/deed restrictions to
