Hillsborough County sues state over Live Local Act
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Hillsborough County sued the state over the constitutionality of a 2023 law that preempted local governments' authority over development in an effort to expand the supply of affordable housing.
Why it matters: Local governments have long been on the losing end of a tug-of-war with Tallahassee over home rule, with the state having wrested control of everything from guns to immigration.
- Land use is the latest front.
Driving the news: Hillsborough County's lawsuit comes as the state Legislature looks to expand the law at the center of the dispute.
- The Live Local Act, which Gov. Ron DeSantis signed in 2023, is designed to encourage the development of affordable housing by cutting through the red tape imposed by local governments.
- It requires cities and counties to allow affordable housing developments in any area zoned for commercial, industrial or mixed use — bypassing public hearings and notice to neighbors.
Between the lines: Hillsborough's Board of County Commissioners voted unanimously in December to challenge the law in court, on a motion from Commissioner Joshua Wostal (R).
- The county argues that the Live Local Act places it in an "untenable position," violating the state Constitution's due process guarantees by depriving affected property owners of an opportunity to be heard.
- It also argues that the Live Local Act unconstitutionally lets developers ignore agreements negotiated with the county over land use, which it calls "an overburdensome, unreasonable impairment of contract."
What they're saying: Wostal announced the filing on X, saying that he has had "enough of these greedy multifamily developers ... destroying our communities, all while forcing us to subsidize them."
- "It's in the court's hands now," he added.
The other side: The governor's office did not respond to Axios' request for comment.