NB seeks relief from Live Local Act

Neptune Beach officials are taking steps to limit the state requirements for providing affordable housing under the Live Local Act.
At the June 15 City Council meeting, councilman Brent Rogers proposed an amendment that would allow Neptune Beach to opt out based on its population density and buildable space as a barrier island.
The City Council voted unanimously to approve the measure. Rogers requested City Attorney Paul Waters communicate with the Atlantic Beach City Attorney Jason Gabriel and Jacksonville Beach City Attorney David Migut about signing on to the statement on behalf of their respective cities.
“This is a text amendment to the act that I wanted to give to our state representative to advance on behalf of the Beaches communities. The request here is we would authorize and request Mr. Waters get with the attorneys of Jacksonville Beach and Atlantic Beach to see if they would also like to sign on,” he said.
“This allows communities to opt out of the Live Local Act and the provision there if you are on a barrier island with a small population and small developable land area. It’s pretty simple.”
Senate Bill 102, known as the Live Local Act, promotes workforce housing throughout the state of Florida. The state legislation entices developers with shortened approval times and increased height incentives. While many communities will feel the immediate impact of some elements in the legislation, the cumulative effect remains unknown until further down the road.
According to language in Senate Bill 102, developers coming to the table “with all their ducks in a row” can expect an expedited administrative process that will move their projects forward without having to jump through hoops or go through an elongated approval process.
“The Live Local Act started in July 2023. I remember discussing something similar only made a little finer as far as smaller parameters. I think what I discussed was five square miles or less and it went nowhere. There was no appetite for anybody to do an amendment at that point,” said Neptune Beach Mayor Cori Bylund.
“I am happy to do a letter if you think that would be more effective. I don’t have any objections to it. I just don’t know that this isn’t an exercise in futility.”
Rogers said the language is drafted to provide an opportunity for all the Beaches cities to seek relief under the state mandate.
“I think its important that our local representative hear that is our desire on the record and the local people can see what kind of decision is made based on the local interests.”
The Live Local Act also notes that any commercial or industrial properties suitable for RM2 development “shall be made available and the local community doesn’t have the ability to say no to that.”
There are a number of examples where the language in this bill can be interpreted in different ways, said Jacksonville Beach City Manager Mike Staffopoulos. “There will probably be local challenges or legal challenges to this legislation on different elements as developers move forward with a project,” he said.
While there are a lot of communities throughout Florida with height limits in place, sometimes those communities abut other communities without height restrictions. The original language in the first senate bill allowed new development to be constructed as tall as any building within a one-mile radius of a proposed site without limitation, the intent of the height language is that it be the highest allowable height within the local jurisdiction within that certain distance.
One example is the Pelican Pointe condominiums in north Jacksonville Beach, which at 17 stories is over 100 feet tall. Commercial properties on A1A in Neptune Beach are located less than a mile from that building. Under the original proposal, a developer could construct a project to the same height and Neptune Beach officials would have no recourse to stop it.
As glitch bills are identified that could change some of the language in the city’s policy, Heather Ireland, the then Director of Planning for Jacksonville Beach, said the council will be asked to go back and change the language to reflect that.