Orange County might be opting out of Florida’s Live Local Act.
The 2023 law is the State Legislature’s response to the state’s dire need for more affordable housing.
Live Local incentivizes developers by offering large tax credits. If a developer keeps units affordable for people earning 80-120% of the area median income, the law provides them with a 75% tax exemption. Federal law defines “affordable housing” as someone paying less than 30% of their salary on rent and utilities.
The developer-backed law also provides for low restrictions on zoning changes, so industrial and commercial zones can be used for residential projects, bypassing public approval.
But from its inception, the Live Local Act has been the subject of harsh criticism, with some politicians and advocates calling it a “pro-developer” measure.
One main concern is that the law makes no provision for the developers’ savings to be passed down to their renters, while also allowing the companies to charge up to 90% of the market value rent.
Another concern is that these large developer discounts will fall on cities, counties, and residents, who are already working with strained budgets and leaving them to pay unmanageable costs, while developers reap the benefits.
But one provision of the law gives jurisdictions a way out — if municipalities can show they already offer enough affordable housing or have a surplus of affordable housing for the people who need it, they don’t have to participate.
And local governments across Central Florida are already taking advantage of this:
In July, Winter Park became the first Central Florida community to opt out of Live Local, followed shortly by Lake and Seminole Counties. In August, Osceola joined the trend, and this week, the cities of Oviedo, Deltona, and Orlando all also bowed out.
The city of DeBary has long held that the overreaching mandate has a one-size-fits-all approach and that opting out will allow his jurisdiction to come up with solutions to best suit their small city.
DeBary officials said they don’t need any more residential units. But they would like their commercial and industrial zones free to be used to create jobs and bring in economic growth.
Volusia County is determining if it has enough affordable housing to qualify for opting out.
The Orange County Board meets Tuesday, at 9 a.m. to discuss their options.
Lillian Hernández Caraballo is a Report for America corps member.