County commissioners are expected to hear how a judge’s ruling on D.R. Horton’s Celery Fields-area application could affect other Live Local Act cases.
Sarasota County commissioners are expected to hear Nov. 17 how a court ruling involving D.R. Horton’s proposed development near the Celery Fields could affect other disputes over Florida’s Live Local Act. County Attorney Joshua Moye is expected to present an analysis of 12th Judicial Circuit Judge Hunter W. Carroll’s ruling and its implications for similar lawsuits.
For Sarasota County residents, the distinction between processing an application and approving a development is central. Carroll’s order requires the county to process D.R. Horton’s Live Local Act application for the Smith Properties, across Raymond Road from the Celery Fields. It does not approve the proposed 864-unit project or waive remaining county development and building requirements.
The Nov. 4 order found that Sarasota County’s land-use code allows certain commercial and industrial uses as of right in the Open Use Rural district. Carroll determined that this made the property eligible to be treated as mixed-use for purposes of the state law. The ruling challenges the county’s effort to block the application on the basis of its interpretation of the act, while leaving other legal and regulatory criteria for county staff to apply.
The Live Local Act, passed in 2023, aims to encourage attainable housing on land not typically zoned for residential use. Qualifying developments must keep at least 40% of homes affordable for households earning up to 120% of area median income for at least 30 years. Its application in rural districts has become a point of contention between Sarasota County and developers.
D.R. Horton’s case is the first major legal test of Sarasota County’s interpretation of the act. Five other developers have filed similar lawsuits, and four remain pending before Carroll. Suncoast Searchlight has reported at least 18 large-scale apartment proposals in rural Sarasota County under Live Local, potentially totaling more than 7,600 apartments. Those figures describe countywide proposals, not the Smith Properties project alone.
The county’s next steps remain unsettled. As of Nov. 6, Moye said his office was reviewing the order; Sarasota County had not announced an appeal. The commissioners’ Nov. 17 discussion is expected to address the ruling’s effect on the county’s legal position and how officials will proceed in pending cases. The order concerns the Smith Properties and does not decide the separate lawsuits.
The parcel has been the subject of several development proposals. Alongside the 864-unit multifamily application, D.R. Horton proposed a 170-home subdivision. In an earlier negotiation, commissioners rejected an 80-home proposal, and the county’s overtures to buy the site were also rejected.
At their Nov. 4 meeting, Commissioner Teresa Mast urged Moye and County Administrator Jonathan Lewis to reserve significant time to discuss the ruling’s ramifications. Commissioner Tom Knight said the county needed guidance from its attorney on how to proceed. The planned discussion could clarify how officials intend to handle this application and the other pending Live Local cases.
For the Celery Fields area, the immediate effect is procedural: Sarasota County must review D.R. Horton’s application rather than deny it on the basis addressed by the court. The outcome will depend on that review and on how county staff apply requirements the order did not preempt.

