PASCO COUNTY, Fla. — Pasco County District 5 Commissioner Jack Mariano will be in Tallahassee Wednesday, sitting in on a debate over Florida’s Live Local Act.

The Live Local Act was signed into law by Gov. Ron DeSantis last year, with hopes of increasing the amount of affordable housing available across the state.

Mariano said the legislation had good intentions, but now he says luxury apartment complexes are beginning to apply for the tax breaks even though they don’t offer what traditionally is thought of as “affordable.”

“We are going to keep on pushing to get our voices heard,” Mariano said. “A lot of other counties that weren’t aware of what’s going on are starting to wake-up to find out, you know what, this is going to hurt our tax base.  

“And it’s not helping the people we want to get affordable housing.”

Mariano said at least two apartment complexes in Pasco County have applications on file for tax breaks under Live Local, Tapestry at Cypress Creek and the Gallery at Trinity Apartments.

Neither complex responded to a request for comment.

Mariano said in both cases, the properties are charging more than $2,000 in rent for some units.

Under Live Local, apartment complexes can file for tax-breaks if they set rent at 120% the average monthly income rate, or AMI.

Mariano said that rate is too high, allowing for the act to be abused. He is asking legislators to adjust the AMI amount downward to 80%.

“Now it becomes affordable,” said Mariano. “Instead of a $2,200 dollar monthly payment, somebody can actually have a $1,500 payment, which is a lot more affordable. That’s the type of affordable housing we should be going after, not to subsidize these luxury ones that are already built, that they are going to be allowed to retrofit, after they are already in place and take them off the tax rolls.”

Mariano said a single apartment complex approved under the Live Local Act could cost Pasco County up to $35 million over a 30-year period.

Pasco County has been lobbying for changes to the Live Local Act for two weeks during the current legislative session.

Mariano said tax breaks are currently allowed under the Live Local Act as a “charity,” and he said if changes aren’t made, he’d support lawsuits against apartment complexes that aren’t providing affordable housing in the community.

The commissioner said his fear is even more apartment developers will buy property and build under the live local act while at the same time not providing the affordable housing the tax credits are meant for.

The Live Local Act was a legislative priority of Senate President Kathleen Passidomo last year.

Now that it's been law for nearly a year, her office says "creating affordable rental units for our workers in areas that are otherwise costly to live is the entire premise behind Live Local."

Passidomo's office said the amendment dealing with industrial zoning this session is a clarification to make sure the units built must be "affordable rental units."