Sarasota Judge Orders Processing of 600-Unit Celery Fields Project

Circuit Judge Hunter W. Carroll ruled Tuesday that Sarasota County must process a proposed apartment complex of more than 600 units near Celery Fields, clearing the way for a development that officials and residents had sought to block.

The decision rejects the county's legal argument that Florida's Live Local Act does not apply to rural areas with limited commercial zoning. Carroll determined that the state law requires the county to allow the project to move forward in the review process, overriding local preferences for single-family homes on large lots.

This ruling serves as the first major legal test of the county's strategy to stop large-scale housing projects under the 2023 state law. Five other developers have filed similar lawsuits challenging the county's interpretation, and four of those cases remain pending before Carroll. The Celery Fields decision effectively validates the developers' position that the county must process applications in any zoning district that permits some commercial or industrial use.

The dispute centers on a 2025 amendment to the Live Local Act, which loosened restrictions after local governments across the state began blocking projects. The law allows developers to bypass traditional public hearings and local zoning restrictions in exchange for setting rents based on households earning less than 120 percent of the area's median income. Developers have used this provision to propose at least 18 large-scale apartment projects in rural areas where zoning traditionally allowed only one home per five acres.

County Attorney Jouhua Moye informed commissioners on Wednesday that the office had exhausted its defenses against the plain language of the law. Moye stated that the county had predicted a difficult legal path from the start and that he would now review how the ruling impacts the other active lawsuits. The Live Local Act permits successful litigants to recover court costs up to $250,000.

Commissioner Teresa Mast secured unanimous support from the board to hold a detailed discussion on the matter at its next meeting on Nov. 17. Mast described the upcoming session as a necessary effort to understand the full scope of the judicial decisions affecting the county's rural communities.