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

•Eliminate the requirement for local governments to approve qualifying developments in industrial areas.

•Restrict the applicable provisions to areas specifically zoned for commercial and mixed-use purposes.

•Modify height preemption for qualifying developments to be based on the highest currently allowed building height within one-quarter mile (instead of one mile).

•Introduces additional considerations if the heights of all adjacent buildings are three stories or less.

•Prohibit qualifying developments within one-quarter mile of a military installation from utilizing the act’s administrative approval process and exempts 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 in CS/SB 328 only.

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