Florida League of Cities

Affordable Housing (Monitor) – Passed 

CS/CS/SB 328 (Calatayud) and CS/CS/HB 1239 (Lopez, V.) amend various provisions of the Live Local Act (act), passed during the 2023 Regular Session. The bills do the following:

•Adjust the height allowances for parcels adjacent to single-family residential uses within a single-family neighborhood.

oProvides that if a proposed development is “adjacent to, on two more sides, a parcel zoned for single-family residential use that is within a single-family residential development with at least 25 contiguous single-family homes, the local government may restrict the height of the proposed development to 150% of the tallest building on property within one-quarter mile of the proposed development or three stories, whichever is higher.”

•Prohibit qualifying developments within one-quarter mile of a military installation from utilizing the act’s administrative approval process and exempt certain airport-impacted areas from the act’s provisions.

•Clarify that a local government’s “currently allowed” density, height, and floor area ratio does not include any bonuses, variances, or other special exceptions provided in their regulations.

•Modify parking reduction requirements for qualifying developments located near certain transportation facilities.

•CS/CS/SB 328 and CS/CS/HB 1239 propose funding the Hometown Hero Program at $100 million. 

Only in CS/CS/HB 1239 

•Requires a county or municipality to authorize multifamily and mixed-use residential as allowable uses on any site owned by a county or municipality, including any zoning district permitting commercial, industrial or mixed uses.

•Provides that administrative approval of a proposed development does not require a public hearing or any other action by a quasi-judicial board or reviewing body.

•Defines the term “commercial use” to mean activities associated with the sale, rental or distribution of products or the sale or performance of services. The term includes, but is not limited to, retail, office, entertainment and other for-profit business activities. 

CS/CS/SB 328 Passed the Senate (40-0) and the House (112-1) and is now awaiting action by the Governor. (Branch)