{"id":410708,"date":"2026-09-25T21:38:08","date_gmt":"2026-09-25T21:38:08","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-fl\/410708\/"},"modified":"2026-09-25T21:38:08","modified_gmt":"2026-09-25T21:38:08","slug":"florida-ag-letter-undercuts-sarasota-county-in-live-local-legal-fight","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-fl\/410708\/","title":{"rendered":"Florida AG letter undercuts Sarasota County in Live Local legal fight"},"content":{"rendered":"<p class=\"text | article-text\">SARASOTA, Fla. (WWSB) &#8211; Sarasota County has spent months arguing that Florida\u2019s Live Local Act does not allow developers to build large apartment complexes on land zoned primarily for rural uses. <\/p>\n<p class=\"text | article-text\">Now, Attorney General James Uthmeier\u2019s office says the county has it wrong.<\/p>\n<p class=\"text | article-text\">In a Sept. 16 letter responding to Sarasota County\u2019s request for legal guidance, the Attorney General\u2019s Office concluded that rural properties allowing even limited commercial uses \u2014 such as veterinary clinics and plant nurseries \u2014 can qualify as mixed-use land eligible for development under Live Local.<\/p>\n<p class=\"text | article-text\">The letter casts new doubt on the county\u2019s <a href=\"https:\/\/suncoastsearchlight.org\/sarasota-county-lawsuit-live-local-horton-celery\/\" rel=\"nofollow noopener\" target=\"_blank\">long-running fight over the controversial law<\/a>, giving ammunition to developers suing the county in six ongoing cases and potentially clearing a path for more than <a href=\"https:\/\/suncoastsearchlight.org\/live-local-tatum-ridge-sarasota\/\" rel=\"nofollow noopener\" target=\"_blank\">7,500 housing units that have been put on pause.<\/a><\/p>\n<p class=\"text | article-text\">Area real estate developers and a church have sued Sarasota County after commissioners voted in April to block six of the projects proposed under Live Local, setting up a court battle to determine whether local governments have the power to keep the<a href=\"https:\/\/suncoastsearchlight.org\/live-local-act-florida-sarasota-affordable-rent\/\" rel=\"nofollow noopener\" target=\"_blank\"> state\u2019s affordable-housing law<\/a> from reshaping agricultural areas. <\/p>\n<p><img decoding=\"async\" class=\"figure-img img-fluid mx-auto d-block\" fetchpriority=\"low\" loading=\"lazy\" alt=\"This aerial photo was taken on April 16, 2026, of the Tatum Ridge Golf Links. Neighbors of the...\" src=\"https:\/\/www.newsbeep.com\/us-fl\/wp-content\/uploads\/2026\/09\/ENPOHJIX6BDP7CWJNPRZZG7OJE.jpg\" width=\"980\" height=\"551\" \/>This aerial photo was taken on April 16, 2026, of the Tatum Ridge Golf Links. Neighbors of the golf course have been fighting against development proposals after the property was sold in December 2020 for $2.9 million.(Michael Barfield, Florida Trident)<\/p>\n<p class=\"text | article-text\">But before the lawsuits were filed, commissioners asked the Attorney General to weigh in on their position. Since then, the number of Live Local applications in the pipeline has tripled to 18, most of them eyeing rural land Sarasota County argued was off limits. <\/p>\n<p class=\"text | article-text\">The Attorney General\u2019s legal analysis is advisory, meaning it is not binding like a judge\u2019s ruling, although legal experts say the courts give it significant consideration.<\/p>\n<p class=\"text | article-text\">\u201cIt\u2019s persuasive in a court of law,\u201d said Christine Robinson, chief executive of the Argus Foundation and a former county commissioner and prosecutor. \u201cIt\u2019s not case law, but it is something that the court gives weight.\u201d <\/p>\n<p class=\"text | article-text\">The Live Local Act lets developers bypass local zoning rules and public hearings if they meet the law\u2019s affordable-housing requirements.<\/p>\n<p class=\"text | article-text\">The dispute in Sarasota County centers on an earlier version of the law. State lawmakers amended the 2023 Live Local Act earlier this year to restrict projects on rural land but left open a short window for developers to submit applications under the previous rules. <\/p>\n<p class=\"text | article-text\">That version allowed qualifying apartment complexes on any property \u201czoned for commercial, industrial or mixed-use.\u201d<\/p>\n<p class=\"text | article-text\">The county maintains that agricultural properties do not become mixed-use simply because their zoning allows limited commercial activities. County attorneys have argued in court that uses such as veterinary clinics and plant nurseries are ancillary to the underlying residential zoning.<\/p>\n<p class=\"text | article-text\">Uthmeier\u2019s office reached the opposite conclusion.<\/p>\n<p class=\"text | article-text\">A judge will ultimately decide whose interpretation is correct. But the Attorney General\u2019s letter has dealt the county its first blow over the legal position it has used to block the projects.<\/p>\n<p class=\"text | article-text\">Suncoast Searchlight requested comment from county officials Thursday morning but did not receive a response before publication. The county generally declines to comment on matters that affect pending litigation.<\/p>\n<p class=\"text | article-text\">Commissioners have previously said they were reacting to <a href=\"https:\/\/suncoastsearchlight.org\/sarasota-blocks-live-local-florida-affordable-developments\/\" rel=\"nofollow noopener\" target=\"_blank\">a steady barrage of concerns from residents over the impact<\/a> of the proposed developments, fearing the county would not be able to build infrastructure fast enough to keep up. <\/p>\n<p class=\"text | article-text\">But County Attorney Joshua Moye warned of an \u201cuphill battle\u201d in court when the board unanimously voted to halt the Live Local projects on April 7. <\/p>\n<p class=\"text | article-text\">Following that meeting, Commissioner Teresa Mast moved for the county to seek outside legal opinions, including a request for the Attorney General\u2019s Office to provide guidance.<\/p>\n<p class=\"text | article-text\">Developers have since seized on Moye\u2019s warning in their lawsuits. An attorney for the Live Local developers pointed to Moye\u2019s interpretation, accusing commissioners of \u201cknowingly weaponizing governmental power\u201d with the \u201cstated intent to intimidate.\u201d<\/p>\n<p class=\"text | article-text\">Commissioners themselves were initially named as defendants, but a judge last week dismissed them from most counts, removing their potential personal liability. The judge left open a window for the other side to present more evidence of wrongdoing.<\/p>\n<p class=\"text | article-text\">All six court cases are still proceeding, with trials expected by August 2027.<\/p>\n<p>Sarasota\u2019s transparency questioned<\/p>\n<p class=\"text | article-text\">The Attorney General\u2019s letter does not resolve the lawsuits, and opponents of the Live Local projects question how much legal significance it should carry.<\/p>\n<p class=\"text | article-text\">Critics note that the Sept. 16 letter is not an official opinion because it is not numbered as such or published with the other official opinions on the Attorney General\u2019s website.<\/p>\n<p class=\"text | article-text\">But they still worry the letter will now soften the county\u2019s stance, potentially prompting commissioners to backpedal or settle the pending lawsuits altogether.<\/p>\n<p class=\"text | article-text\">\u201cThe county has some very strong arguments that support its policy position that have been well briefed before the court,\u201d said Susan Schoettle, a former deputy county attorney and a legal adviser to the Audubon Society, which has intervened in a Live Local case. \u201cThe impacts to the county would be devastating.\u201d<\/p>\n<p class=\"text | article-text\">But Robinson, the CEO of the Argus Foundation, questioned the county\u2019s transparency through the process.<\/p>\n<p class=\"text | article-text\">She criticized current county leadership, noting that neither commissioners nor staff brought up the recent letter from the Attorney General\u2019s Office or the two latest lawsuits filed against the county during a Live Local update at Tuesday\u2019s meeting.<\/p>\n<p class=\"text | article-text\">She also noted that taxpayers could be on the hook for legal fees now standing at $1.5 million should the county lose.<\/p>\n<p class=\"text | article-text\">\u201cEverybody up on that dais knew about this,\u201d she said, \u201cand they just did not talk about it.\u201d <\/p>\n<p class=\"text | article-text\">Others argue the letter should never have been issued in the first place.<\/p>\n<p class=\"text | article-text\">It\u2019s unusual for attorneys general to opine on pending litigation, according to the National Association of Attorneys General. It\u2019s also a longstanding policy in Florida.<\/p>\n<p class=\"text | article-text\">\u201cIn order not to intrude upon the constitutional prerogative of the judicial branch, opinions generally are not rendered on questions pending before the courts,\u201d one 2009 Attorney General Opinion stated.<\/p>\n<p class=\"text | article-text\">In this case, however, the county had asked for an opinion before the lawsuits were filed about one month later. <\/p>\n<p class=\"text | article-text\">\u201cI don\u2019t think it was the AG\u2019s job to throw out an opinion on a pending lawsuit,\u201d said Matt Procaccini, a Tatum Ridge resident who\u2019s organized opposition to a nearby project. He called the opinion \u201cinappropriate.\u201d<\/p>\n<p class=\"text | article-text\">Procaccini noted that the issue comes down to neighborhoods defending against overreach by large developers. <\/p>\n<p class=\"text | article-text\">\u201cI\u2019m standing here trying to defend something that\u2019s a clear property rights issue,\u201d he said.<\/p>\n<p class=\"text | article-text\">This story was produced by Suncoast Searchlight, a nonprofit newsroom of the Community News Collaborative serving Sarasota, Manatee and DeSoto counties. Learn more at<a href=\"http:\/\/suncoastsearchlight.org\/\" rel=\"nofollow noopener\" target=\"_blank\"> suncoastsearchlight.org<\/a>.<\/p>\n<p>Copyright 2026 WWSB. All rights reserved.<\/p>\n","protected":false},"excerpt":{"rendered":"SARASOTA, Fla. (WWSB) &#8211; Sarasota County has spent months arguing that Florida\u2019s Live Local Act does not allow&hellip;\n","protected":false},"author":2,"featured_media":410709,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[28,30,29,13743,162916,413,7910],"class_list":["post-410708","post","type-post","status-publish","format-standard","has-post-thumbnail","category-florida","tag-florida","tag-florida-headlines","tag-florida-news","tag-live","tag-loval","tag-sarasota","tag-uthmeier"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/410708","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/comments?post=410708"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/410708\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media\/410709"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media?parent=410708"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/categories?post=410708"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/tags?post=410708"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}