Opposition to Senate Bill 1730: Request for Veto
Dear Mr. Weida,
The 15 undersigned organizations, representing many thousands of residents of the Florida Keys, strongly oppose Senate Bill 1730, which contains amendments to the Florida Live Local Act (“LLA”), and respectfully request a veto of this legislation.
Our organizations oppose the LLA amendments contained in SB 1730 because they further expand the state’s preemption of the ability of local governments to regulate affordable housing developments. Local regulation of the location, density, height, setbacks, parking, traffic impacts, infrastructure needs, and other requirements for affordable housing developments is essential because only local governments are aware of the particular conditions, needs, and wishes of their communities.
We oppose the changes to the LLA because they provide that affordable housing developments only need to be approved by administrative staff by eliminating any requirement in local regulations of approval by elected officials or any quasi-judicial or administrative body. This eliminates public scrutiny of and public participation in the affordable housing approval process.
SB 1730 is problematic as it expands the number of zoning categories in which affordable housing can be developed, beyond those categories that the local government has determined to be appropriate.
Additionally, our organizations oppose the amendments to the LLA as they would now require an award of attorney fees and costs to the prevailing party in any lawsuit claiming a violation of the LLA. This would have the effect of chilling valid and appropriate assertions that the LLA has been violated.
Despite claims that SB 1730 is supportive of the development of affordable housing within our communities, we believe it would allow developers to build projects that would increase the inventory of market-rate residential developments (which could be used as vacation homes or for vacation rentals) and commercial developments, without meeting local affordable housing needs.
Our organizations support the creation of much-needed housing to address the ongoing affordable workforce housing crisis in the Keys. However, we oppose this blatant attempt by developers to restrict the ability of local governments to impose reasonable rules governing affordable housing developments and to limit public input into the decision-making process for affordable housing developments.
For all of the above reasons, the undersigned organizations respectfully request that Governor DeSantis veto SB 1730 and keep control of affordable housing development decisions where it belongs – with local communities.
Respectfully submitted:
