Law Offices NEILL, MARQUIS, OSKING & HALE, PLLC 311 South Second Street Suite 200 Fort Pierce, FL 34950 Mailing Address: Richard V.I Neill,) Jr.+* Post Office Box 1270 Renéel Marquis-Abrams* Fortl Pierce, FL34954-1270 Ianl Eielson Osking Telephone: (772) 464-8200 Brandon M. Hale Fax: (772)464-2566 Matthew C. London *Board Certified Wills, Trusts, &1 Estates Lawyer *Certified Circuit Civil/County CourtMediator + Board Certified CivilTriall Lawyer June 11, 2025 Mayor William G. Thiess Mr. Dale Reed 2512 Lightlewood Lane 2811 North Indian River Drive Fort Pierce, Florida 34946 Fort Pierce, FL 34946 Ms. Ingrid M. Van Hekken Mr. John Langel 304 Anchor Way 2511 North Indian River Drive Fort Pierce, FL 34946 Fort Pierce, FL 34946 Ms. Lisa K. Price Mr. Paul Sinnott 2601 N. Indian River Drive, Apt 1 3111 North Indian River Drive Fort Pierce, FL: 34946 St. Lucie Village, FL 34946 RE: Town of St. Lucie Village - June meeting Mayor Thiess and Board Members: Please accept the following as our attorney's report for the June 17th meeting. 1. Agreement concerning School Boundary. The Mayor and I are suggesting that we enter into an agreement addressing the area along the north boundary of the school property where the boundary location has been questioned. The proposed agreement is enclosed. 2. Ordinance 2025-2 - Annexation of 2307 N. Old Dixie Highway. (Red Dirt Road, LLC) - First Reading. A copy of the proposed Ordinance is enclosed. (This is the Gaspar property.) 3. 4065 N. Old Dixie Highway (Forsythe) - Discussion of Possible Outdoor Storage Use. Mr. Forsythe is seeking your input on the use of his property for (commercial) outdoor storage. Mayor and Board of Aldermen Page 2 June 11, 2024 4. 205 Chamberlin Boulevard (Dina McNeill) =- Discussion of Possible Annexation. Ms. McNeill's S son is acquiring this property and is interested in annexing. They seek your input. A location map is enclosed. 5. 2825 N. Indian River Drive (Roberts) - Lot Split. - was asked about a lot split on this property. It appears that there was a division of the parcel after 1995, but it did not create an additional buildable lot. My interpretation of our definition of. Subdivision, Parcel and Lot leads to the conclusion that (because a new parcel wasn't created) this property can be split into two lots without going through the subdivision process. (The definitions are enclosed.) ask that you approve/adopt that interpretation. 6. Board of Adjustment - Reappointment of Ronnie Rohm. The current Board Members and term expiration dates are as follows. ask that you reappoint Ronald Rohm for the term through 2028. Member Term Expires Robert Allen 4/30/2026 Jim Van Hekken 4/30/2026 Ronald Rohm 4/30/2025 Joey Blandford 4/30/2027 Scott McLam 4/30/2027 7. Schedule Budget Committee Meeting. The Budget Committee needs to meet before our July 15 meeting. 8. Informational items. The following are for your information and will only carry forward in my report if they remain pending for my further ttention/nvolvement. i. CK Contractors Contract. CK has signed the contract as you approved it and submitted the additional required documents, and William Thiess will sign it. ii. Zoning queries. We did have a query about the Crystal Water property, and a copy of my response is enclosed. iii. Lien queries. We had lien searches on 3001 North Indian River Drive and the property acquired by Mr. Kroegel's group (which had been owned by the Hendrens). iv. Heritage Preserve Boundary Issue. No update. NEILL MARQUIS OSKING & HALE, PLLC 311 South 2nd Street, Suite 200, Fort Pierce, Florida 34950 - Telephone (772) 464-8022 Mayor and Board of Aldermen Page 3 June 11, 2024 V. Occupational Licenses. Ineed to present updated ordinances on licenses and zoning compliance. vi. Live Local. With the recent news, I had a question about the Live Local Act. For your information, I'm enclosing a short article. Do feel free to call if there's anything you want to discuss with me before the meeting. With best regards. Vourg very/tryly, Richard V. Neill, Yr. RVNjr/jm Enclosures CC: Paulette T. Burgess, Acting Clerk (w/encls.) Carl Peterson, Building Official (w/encls.) Cathy Townsend (w/encls.) Leon Ghougasian, Marshal (w/encls.) Wesley Taylor (w/encls.) NEILL MARQUIS OSKING & HALE, PLLC 311 South 2nd Street, Suite 200, Fort Pierce, Florida 34950 - Telephone (772) 464-8022 Agreement St. Lucie Village (the "Village") acquired title to the St. Lucie School property in 2022 by deeds from the St. Lucie County School Board recorded at OR Book 4784, Page 2141 and OR Book 4784, Page 2154. (All recording references herein are to the Public Records of St. Lucie County, Florida) The St. Lucie County School Board acquired title through Deeds recorded at Deed Book 8, Page 252 (in 1910) and Deed Book 82, Page 233 (in 1935). Russell Houston ("Houston") acquired title to adjacent property by deed recorded at OR Book 3797, Page 1303 (in 2015) and corrective deed at OR Book 3837, Page 1194 (in 2016). Houston alleges that the 50-foot-wide parcel described in his deed extends south of the Village's northern boundary as depicted in its survey prepared by Alexander J. Piazza, PSM, Inc., dated 10/29/2021 and bearing Job No. 21-8082; and, as evidence, he points to monumentation of his north boundary and the described dimensions of the parcel, nails in the roadway on the property south of the Village's surveyed boundary, the depiction of non-platted property on the Plat of Olson's Subdivision (Plat Book 8, Page 59), and the survey of his neighbor's property done by James A. Kirby, III dated February 15, 1984, and bearing Drawing No. 83-652. The Village maintains that it has full ownership of the property described in the deeds from the St. Lucie County School Board and the boundary survey done at the time. The "Area in Question" is described and depicted in attached Exhibit A. The parties agree that resolving the dispute seems difficult and expensive and that they can address practical issues, such as use of the road (which Houston alleges encroaches on his property) and maintenance of trees and vegetation along the boundary (which the Village asserts encroach onto its property) without determining the boundary location because each party is willing to allow the other, and the public, use of the existing roadway. Accordingly, the Parties agree as follows: 1. The recitals above are true. 2. Each Party grants the other access through and across the roadway through the Area in Question; the Village grants Houston the right to maintain the now existing trees and shrubs in the disputed area; and, Houston grants the Village the right to repair and maintain the roadway in its current location and to trim any trees, shrubs and vegetation in the area in question if they encroach onto or over the roadway, provided that Houston is given the opportunity, in accordance with the Village Board approved School Guidelines, to first trim the same himself. 3. Neither party waives any claim or defense or concedes any part of the other's argument by agreeing the foregoing recitals or licenses. 4. This Agreement and the rights granted hereby are revocable by either party on 90 days written notice. Agreed this day of 2025. Russell Houston Town of St. Lucie, Village, Florida By: William G. Thiess, Mayor Exhibit A 64 a g 6 * - 3 a 9 a 5 - e NO0'51'54"E 7.94' T % & f S 0 o & - E a: 2 3 3 5 - a a - - 3 2: E g S00'51'54W W 9 a 7.52" - 8 p3 E & 4 & ORDINANCE 2025-2 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY OWNED BY RED DIRT ROAD, LLC, INTO THE MUNICIPAL LIMITS OF THE TOWN OF ST. LUCIE VILLAGE, FLORIDA. WHEREAS, Red Dirt Road, LLC, is the owner of a tract of land located at 2307 N. Old Dixie Hwy., and more particularly described in attached Exhibit "A", which property is in the unincorporated area of St. Lucie County but contiguous to the Town of St. Lucie Village, Florida and reasonably compact; and WHEREAS, Red Dirt Road, LLC, has petitioned the Board of Aldermen to have the property annexed into the Town of St. Lucie Village, Florida and annexation would not create enclaves; and WHEREAS, $171.044, Fla. Stat., specifies the procedure for voluntary annexation of real property into a municipality; and WHEREAS, the terms and provisions of $171.044, Fla. Stat., have been met, including publication of notice and providing a çopy of this Ordinance, via certified mail return receipt requested, to the St. Lucie County Board of County Commissioners. NOW, THEREFORE, the Board of Aldermen of the Town of St. Lucie Village, Florida hereby ordains: 1. The above described land, which is more particularly described in Exhibit "A" attached hereto and incorporated herein, is hereby added to, taken into, made a part of, and annexed into the municipal limits of the Town of St. Lucie Village, Florida, and the municipal limits thereby redefined to include said property, the correct legal description of which is encompassed in attached Exhibit "A". A map depicting said property is also attached as Exhibit "B". A complete legal description by metes and bounds is attached as Exhibit "C". 2. Said property is deemed to fall within the current IL, Industrial Light, zoning with the current use, that is with vehicle body work and painting, permitted. 3. A copy of this Ordinance shall be filed with the Clerk of the Circuit Court of the St. Lucie County, the Chief Administrative Officer of St. Lucie County, and the Department of State within seven (7) days after adoption of the Ordinance. 4. This Ordinance shall become effective upon passage. PASSED AND APPROVED by the Board of Aldermen of the Town of St. Lucie Village on this day of 2025. APPROVED: BOARD OF ALDERMEN OF THE TOWN OF ST. LUCIE VILLAGE, FLORIDA By: William G. Thiess, Mayor ATTESTED: By: Paulette Burgess, Clerk I, Paulette Burgess, Clerk of the TOWN OF ST. LUCIE VILLAGE, FLORIDA, do hereby certify that this is a true and accurate copy of Ordinance 2025-2 which was duly introduced, read and adopted at the regular meeting of the Board of Aldermen of the TOWN OF ST. LUCIE VILLAGE, FLORIDA, held this day of 2025. Mary Fowler, Clerk JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY - FIZE # 4279730 OR BOOK 3965 PAGE 2757, Regorded 02/22/2017 11:23:27 AM EXHIBIT "A" Prepared by and return to: Blake, Mildner & Associates P.A. 423 Delaware Avenue Fort Pierce, FL34950 Property Appraiser's Parcel Identification' Number: 1433-113-0030-040-1 THIS QUIT CLAIM DEED made this 19 day ofDecember, 2016, by GASPAR BODY & PAINT, INC., a Florida Corporation hereinafter called first party "Grantor" to RED DIRT ROAD LLC. al Florida Limited Liability Company, second party "Grantee." (Whenever usedk herein the terms "firstparty" and" "seçond party" shall include singularand plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context S0 admits or requires.) WITNESSETH, That the first parties, for and in consideration of the sum of Ten Dollars ($10.00)inl hand paid byt thes said: second party, ther receipt twhereofisherebyacknowledged, doeshereby remise, release, and quit claim unto the second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situated, lying and being in the County ofSt. Lucie, State ofl Florida, to wit; SEE EXABIT "A" ATTACHED HERETO AND MADE A PART HEREOF Also known as: 2307 North Old Dixie Hwy. Subject to restrictions, reservations and easements of records, if any, and taxes subsequent to 2016. No consideration was paid as transfer was between a solely owned S-corporation to the same party's solely owned Limited Liability Company. Title has not been examined by scrivener. The grantor is the 100% owner of the grantee. TO BAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the said first parties, either in law or equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF the said first parties has signed and sealed these presents the day and; year first above written. Signed, sealed and delivered in the presence of 118 Witness Signature David L. Gaspar, President Pqy T MILONGR Printed Name Witness Signaturé Pnat L. Goihil Printed Name OR BOOK 3965 PAGE 2758 - EXHIBIT "A" STATE OF Forida COUNTY OF. SLMAR IHEREBY CERTIFY that on this day before me, an officer duly authorized to administer oaths andi take acknowledgments, personally appeared DavidL. Gaspar, Jr., PresidentofGaspar Body & Paint, Inc. to me known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same. [ ] Said person is personally known to me, OR [ I Said person provided the following type of identification: = DL WITNESS my hand and official seal in the Coypfy and State last afbresaid this 19Hay of December, 2016. Imaner Ono VANESSA J. BROWN Notary Public, StateorFlorida Commission# # FF1 194059 My Commission Ekpires: Explres. January 28, 2019 BosidT Thul TrogFain lasatince 809.385-7019 OR BOOK 3965 PAGE 2759 RXHIBIT A File No. P54921 Being a parcel of land lying in Govarnment Lota 1,. 2, 3 and 4, Section 33, Township 34 South Range 40 Rast, St. Lucie County, Florida, the boundary of said parcel being more partiaularly bounded aa followa: From, a point where the South boundary of Olson Subdivision, as recorded in Plat Book B, page. 52, St. Ludie County, Plorida, publjc reçoxds, intersecte the Eant right ot way liné of u,s. Highway No, 1, also known as Btate Road No, 5, run Boutheasterly along said Bast: righc of w8y line on a curve concave to tha Bast. having a radius of 11,359,20 feat, a distance of 269.46 faets thence run N 89 degraes' 25 minutes 19 seconds E, 316.85 featy thence N 1 degree 23 minutes 41 seconds W, 118.0 feat to a point on the South 1ine of chat certain parcel degerihed in Deed Book 65, page 224, Public Recorda of St. Lucie Courty, Ploridal thence following the South Line of sald parcel, run N 89 degraes 25 minutes 19 seconda B, 555.51 feet to a paint on the West right: of way line of Old, Dixie Highwayl thenco following Basd wast. right dE way line, run S 15 degrees 21 minuces 41 seconds E, 405.12 feeti thence S 20 degrees 23 minuces 41 seconda B, 191.46 feet to the Point: of Beginning: thence continue S 20 degrees 23 minutes 41 seconds Bast, 99.89 feet; thence N 89'degrees 59 minutes 41'seconds West 464.58 feet; thence Northweaterly 100:68 feet: thence $ 89 degrees 59 minutas 41 seconds B, 466.75 feet to the poine of Beginning. END OF RXHIBIT A 6/8/25, 11:47 AM Saint Lucle County Property Appraiser Saint Lucie County Property EXHIBIT "B" Appraiser Michelle Franklin CFA ittpsilpaslc.gov) 487A6 187.6 469.46 469.46 y L - B 466.94 E E : 1 466.75 a E & 3 148.18 148.18 215.78 250.00 8 a e e - E a 150.00 199.03 250.00 B 59.16 Naco Rd 95 837.95 100ft 2024-11-27A Click here for Legal Disclaimer htps/wwpasiegowmap 1/2 EXHIBIT "C" Being a parcel of land lying in Government Lots 1, 2, 3, and 4, Section 33, Township 34 South Range 40 East, St. Lucie County, Florida, the boundary of said parcel being more particularly bounded as follow: From a point where the South boundary of Olson Subdivision, as recorded in Plat Book 8, page 59, St. Lucie County, Florida, public records, intersects the East right of way line of U.S. Highway No. 1, also known as State Road No. 5, run Southeasterly along said East right of way line on a curve concave to the East, having a radius of 11,359.20 feet, a distance of 269.46 feet; thence run N 89 degree 25 minutes 19 seconds E, 316.85 feet; thence N 1 degree 23 minutes 41 seconds W 118.0 feet to a point on the South line of that certain parcel described in Deed Book 65, page 224, Public Records of St. Lucie County, Florida; thence following the South line of said parcel, run N 89 degrees 25 minutes 19 seconds E, 555.51 feet to a point on the West right of way line of Old Dixie Highway; thence following said west right of way line, run S 15 degrees 21 minutes 41 seconds E, 405.12 feet; thence S 20 degrees 23 minutes 41 seconds E, 191.46 feet to the Point of Beginning; thence continue S 20 degrees 23 minutes 41 seconds East, 99.89 feet; then N 89 degrees 59 minutes 41 seconds West 464.58 feet; thence Northwesterly 100.68 feet; thence S 89 degrees 59 minutes 41 seconds E, 466.75 feet to the Point of Beginning. 6/9/25, 9:42 AM Saint Lucie County Property Appraiser Saint Lucie County Property Appraiser Michelle Franklin CFA nups 15 134.75 219.90 u 105.00 100.45 ain Blvd 0 Chame Chamberlain Blvd 25937 5 140.91 29.43, 2619 150.10 M 2 2 o - 6 A882 3 2 € e - 0 - % à a U a E 6 77.60 - - 5.00 a 6 E , a 167.60 63.20 30.00 0.00 184.50 100.00 - 205Ckape beclik 1o0ft 2024-11-27A Click here for Legal Disclaimer htps/wpasegovimap 1/2 LOT DEFINITIONS: (a) Lot A parcel of land possessing specific boundaries established by a legal instrument such as a deed or record plat, recognized as a separate legal entity for purposes of transfer of title. PARCEL OF LAND Any contiguous quantity of land capable of being described with such definitions that its location and boundaries may be established, that is designated by its owner or developer as land to be used or developed as a unit, or that has been used or developed as a unit. Ifsuch a parcel of land is divided by a right-of-way or zoning boundary it may be considered to be one (1) parcel by the owner. SUBDIVISION The term Subdivision" as used herein means the division of a parcel of land whetheri improved or unimproved, into three (3) or more contiguous lots or parcels of land, designated by reference to the number or symbol ofthe lot or parcel contained in the plat of such subdivision, for the purpose, whether immediate or future, oftransfer of ownership or, if the establishment of a new street is involved, any division of such parcel. The term includes a resubdivision and any resubdivision of a parcel of land that was subdivided in any manner subsequent to the effective date of this ordinance into two (2) or more parcels shall be subject to the provisions of the St. Lucie Village Subdivision Ordinance (currently Ordinance 62-8). The following shall be exempt and not subject to the provisions prescribed by the St. Lucie Village Subdivision Ordinance: a) The combination or recombination of portions of previously platted lots where no new parcels, or residual parcels result in lots of less area, width or depth than the original lots of record. b) The sale or exchange of parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots and does not reduce any lot to an area less than the zoning district in which the property is located permits, and no dedications or improvements are required under the St. Lucie Village Subdivision Ordinance. c) The financing or leasing of apartments, offices, stores or similar spaces within an apartment building, industrial building, commercial building or office building. d) The conveyance of land to a federal, state, county, or municipal governmental agency, entity, political subdivision, or a public utility. Richard V. Neill, Jr. From: Richard V. Neill, Jr. Sent: Monday, June 2, 2025 4:23 PM To: Paulette Burgess; Richard Neill; Carl Peterson Cc: William Thiess; chamberin@siccommercial.com; Jose M. Monte; Richard Neill Subject: RE: 4205 N Old Dixie Hwy zoning query Attachments: 1990 - Order - Crystal Water.pdf It's zoned R-2, Medium Density Residential. There was a variance granted to allow the commercial structure (that pre-existed the Village's incorporation) to be rebuilt on this site-- attached. Richard V. Neill, Jr. Town Attorney Town of St. Lucie Village, Florida Neill, Marquis, Osking & Hale, PLLC 311 So. 2d St., Ste. 200 Ft. Pierce, FL 34950 Telephone: 772-464-8200 Fax: 772-464-2556 richard.nell@stluclevillagef.gov PUBLIC RECORD NOTICE Please Note: Florida has a very broad public records laws. Most written communications to or from me or Village officials regarding Village business are public records available to the public and media upon request. It is the policy of St. Lucie Village that all Village records shall be open for personal inspection, examination and/or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. From: Paulette Burgess paulette.burgess@stiuclevilagengove Sent: Monday, June 2, 2025 4:10 PM To: Richard Neill Sent: Monday, June 2, 2025 3:48 PM To: Paulette Burgess paulette.burgessestiucevilogetigo Cc: Jeffrey Chamberlin chamberin@siccommercl.com> Subject: 4205 N Old Dixie Hwy Paulette: Regarding the property at 4205 N Old Dixie Hwy, it appears to be located in St. Lucie Village. What is the Zoning on this property. Does the zoning allow a funeral home / crematory? Jeffrey D. Chamberlin, CCIM, SIOR President, Broker SLC Commercial P.O. Box: 3 Stuart, FL 34995 (772) 220-4096 office (772) 528-6056 cell htps/www.siccommerda.com/efreey-d-chamberlin/ http:/likedin.com/n/effrey-chamberln-a264a114 Alokw POWERBROKER WINNER AWARD TOP BROKER 2014AMNUALA AWARDS 2 IN RE: PETITION FOR VARIANCE OF CRYSTAL WATER CO. ORDER This matter came before the Board of Adjustment of the Town of St. Lucie Village, Florida on May 24, 1990 at 7:00 p.m. The hearing was held at the Village Hall located at 2841 Old Dixie Highway, St. Lucie Village, Florida. Crystal Water has requested a variance to allow replacement of its existing facility with a new warehouse and office to be used for storage and distribution of bottled water. The Board of Adjustment, having heard the petition of Crystal Water and given the matter full considera- tion, finds as follows: 1. This hearing was properly noticed by publication and mailed notices, as required by the St. Lucie Village Zoning Or- dinance. 2. The subject property is located at 4205 North Old Dixie Highway and a legal description thereof is attached hereto as Ex- hibit "A". 3. The subject property is zoned residential, medium den- sity but is currently being used for storage and distribution of bottled water, a pre-existing and non-conforming use. 4. The existing facilities consist of over 5,000 square feet, whereas the proposed new facility will consist of 4,800 square feet. Thus, the non-conformity is not being expanded. 5. Granting a variance will not change the underlying zoning. 6. The proposed construction will include landscaping, and otherwise be a significant improvement over the existing con- struction. 7. The only nearby property owners who attended the meeting were in favor of the proposed variance. 8. Given the special circumstances, particularly the pre- existing use permitted under the zoning ordinance (although non- conforming) and in light of the fact that the existing, unsightly premises will be replaced by a smaller, more attractive facility, granting a variance is appropriate. It is thereupon ORDERED as follows: 1. The requested variance is granted, provided: the variance is limited to allowing the construction of a 4,800 square foot warehouse/office to be used solely for the purpose of storage and dist tribution of bottled water and further provided that, upon completion of the facility, it shall be the only com- mercial facility in operation on the subject property. 2. The granting of this variance shall not obviate the need to obtain a building permit, appropriate approval, inspections, etc. DONE AND ORDERED by the Board of Adjust tment of the Town of 4h 4 St. Lucie Village, Florida this day of June 1990. BOARD OF ADJUSTMENT CITY OF ST. LUCIE YLLAGE, FLORIDA By: Lyh Pete Summerlin, Chairman Copies Eurnished to: Crystal Water Co., c/o Andrea Board of Adjustment Board of Aldermen DESCRIPTION: From the Southwest corner of the * of Section 21, Township 34 South, Northwest + of the Northwest County, Florida; run North 00' 26' 51" Range 40 East, St. Lucie line 210 feet, thence run South 88° East along the section to the point of beginning, thence 48' 29" East, 120.84 feet East 150 feet to the West right of continue South 88° 48' 29" Highway, said line being 33 feet West way line for Old Dixie to the centerline of pavement, thence of and at right angles West along said right of run North 20° 32' 49" 40' 49" West, 150 feet, thence way 299.46 feet, thence run North 89° feet to the point of beginning: run South 20° 42' 24" East, 297.34 AND A parcel.of land in the Wy'of Section Range 40 East, St. Lucie County, Florida. 21, Township 34 South, described as fellows; being more particularly From the Southwest corner of the Section 21, Township 34 South, Range Northwest 40 + of the Northwest +, Florida,run East a distance of 175, feet East, to the St. Lucie County, said beginning; Section thence run South and parallel to the point West of a distance of 21, a distance of 40 feet, thence fun line of South line of 181.40. said Northwest feet to the point of intersection Northeasterly of the right-of-way of old Dixie * of Northwest + and the West along. --said West Highway; thence run run West, parallel right-of-way to and 210 a distance of 226.31 Northwesterly feet; thence of Northwest + of Northwest feet North of said South line run South, parallel to and 175 t, a feet distance of 95.84 feet; thence said Section 21, a distance of 210 feet East to of the West line.of beginning; the point of : EXHIBIT "A" 6/10/25, 2:02 PM Florida's Live Local Act: What It Means For Communities Halff imi Apply Now de. LHalf Florida's Live Local Act: What It Means For Communities October 11, 2023 BYoung family standing outside in front of a row of nice homes in Florida Florida is one oft the, least affordable. states to live in, as people and families grapple with extreme. housing costs induced by inflation. Soaring rent prices have created a gaping hole in affordable housing. The intention oehind the new Live Local Act is to provide laws, funding and opportunities for meaningful affordable housing in Florida's communities. Keep reading to learn more about the new bill. Jump to section: What is the Live Local Act? Requirements and Incentives What Does This Mean for Florida Communities? How Halff Can Help You Navigate What is the Live Local Act? Da commercial building in the process of being built in Tampa, Florida Millions of dollars are being funneled into affordable housing development. What does this mean for commercial and industrial districts? The Live Local Act, also known as SB 102, is an extensive statewide housing strategy that aims to increase affordable housing opportunities within Florida's communities. The act was signed by Governor Ron DeSantis on March 29, 2023, allowing $711 million in funds to be invested in workforce housing. This is nearly double the amount that was granted in 2022-2023. Along with numerous new incentives and programs, this legislation seeks to improve Florida's housing strategy in what has become one of the least affordable housing communities in the United States. lelIC/Users/RNelrAppDatlalocalMlerosot/Windows/Ne/Cache/Content.ullow.70H257V/Floridas Live Local Act_ What It Means For Commu.. 1/5 6/10/25, 2:02 PM Florida's Live Local Act: What It Means For Communities Halff Requirements and Incentives The Live Local Act, effective July 1, 2023, states that local governments are required to allow affordable housing developments in commercial, industrial and mixed-use zoning districts. Affordable housing is currently defined by Florida law as: 1. Being restricted to nouseholds that do not make more than the specified percentage of the area median income (AMI). 2. Costing no more than 30% of the tenant's monthly income (to pay rent, including utilities). 3. 60% of housing must be affordable for it to be considered affordable housing. The new bill: Sites that are currently zoned commercial, industrial and/or mixed-use can now be developed alongside a multi-family development with an affordable housing component. This can be done without requiring zoning or land use changes, special exceptions, conditional use approvals, variances or comprehensive plan amendments- -they can jump straight into permitting as long as the development: 1. Meets all standards of land development regulations for multi-family development zoning districts 2. Is consistent with the comprehensive plan DAerial drone photo of Mangrove Manor residential development during the day More flexibility for residential developments now, poses unique situations and challenges for developers. Requirements: Counties and municipalities must now allow multifamily or mixed-use residential developments to be built in commercial, industrial or mixed-use zones if the proposed rental development provides at least 40% affordable housing units for a period of at least 30 years. Height: Developers can build developments with the highest allowable density in the county or municipality. The height of the development can be up to three stories, or the highest allowable height for a commercial or residential development within one mile of the proposed development. According to igov.com, there are several ways that the Live Local Act incentivizes housing development: It creates a new tax donation program that allows corporations to direct payments toward funding housing programs. Iti increases tax credits available from 14.5 million to 25 million. Itp provides up to a $5,000 refund for sales tax on building materials for units funded through the Florida Housing and Finance Corporation (FHCFC). It codifies the Hometown Heroes down payment assistance program in law, increasing the borrowing limit to $35,000. It expands eligibility for the Job Growth Grant Fund to authorize public infrastructure projects supporting housing. What Does This Mean for Florida Communities? le/IC/UserNellAppDatalosaiMicpepaotwincowsNetCacwCacheComentowtow.70H257VFoidas Live Local Act_ What It Means For Commu... 2/5 6/10/25, 2:02 PM Florida's Live Local Act: What It Means For Communities Halff DLot of colorful coastal homes at Atlantic Beach Florida's communities are in desperate need ofr more affordable housing. The Live Local Act is a historic bill that invests in the future of both workforce and military communities by opening up opportunities and providing tax break incentives. Overall median rent in South Florida was just under $3,000 per month in March 2022, according to a study by realtor.com. This is a 57.2% jump from the previous year. The state of Florida experienced the greatest year-over-year overall change in rent in 2022, further emphasizing the extreme inflation. The new Live Local Act pinpoints Florida's inflationary economy, particularly the southern region, by allowing for easier development of affordable housing. Rent prices skyrocketed during and after the Covid-19 pandemic, causing a deficit in affordable housing. This is what prompted the passage of the Live Local Act, in hopes of combatting these housing issues. Did you know? Florida has become the second most valuable real estate market in the United States, exceeding New York, based on a new study from Zillow in September 2023. How Halff Can Help You Navigate Halff can provide expert consult to developers and communities on a variety of topics that can be encountered, such as: Understanding new provisions from the Live Local Act Clarifying definitions within the Live Local Act Analyzing the act on a case-by-case basis Helping clients with concept layout and analysis, to see if it can work for their project There are many questions that arise, and Halff can help you tactfully navigate the changing development laws that are being enacted in Florida. Need a professional's insight? Let Halff help you navigate your questions and concerns by contacting Director of Entitlements Isabelle Albert (lalbert@half.com). le:lIC:USers/RNel.rAppDatal-ocal/MicrosotlWindows/NetCache/Contentent.OutIookL79H257V/Floridas Live Local Act_ What It Means For Commu.. 3/5