Florida Senate - 2021                                     SB 284
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00243B-21                                            2021284__
    1                        A bill to be entitled                      
    2         An act relating to building design; amending s.
    3         163.3202, F.S.; prohibiting certain regulations
    4         relating to building design elements from being
    5         applied to certain structures; providing exceptions;
    6         defining the term “building design elements”;
    7         providing construction; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Present subsection (5) of section 163.3202,
   12  Florida Statutes, is redesignated as subsection (6), and a new
   13  subsection (5) is added to that section, to read:
   14         163.3202 Land development regulations.—
   15         (5)(a) Zoning and development regulations relating to
   16  building design elements may not be applied to any residential
   17  dwelling unless:
   18         1. The structure is listed in the National Register of
   19  Historic Places, as defined in s. 267.021(5); is a contributing
   20  property to a National Register Historic District; or is
   21  designated as a historic property or a contributing property to
   22  a historic district, under the terms of a local preservation
   23  ordinance; or
   24         2. The regulations are adopted in order to implement the
   25  National Flood Insurance Program.
   26         (b) For purposes of this subsection, the term “building
   27  design elements” means the external building color; the type or
   28  style of exterior cladding material; the style or material of
   29  roof structures or porches; the exterior nonstructural
   30  architectural ornamentation; the location or architectural
   31  styling of windows or doors, including garage doors; the number
   32  and type of rooms; and the interior layout of rooms. The term
   33  does not include the height, bulk, orientation, or location of a
   34  structure on a zoning lot; or the use of buffering or screening
   35  to minimize potential adverse physical or visual impacts or
   36  protect the privacy of neighbors.
   37         (c) This subsection does not affect the validity or
   38  enforceability of private covenants or other contractual
   39  agreements relating to building design elements between property
   40  owners.
   41         Section 2. This act shall take effect July 1, 2021.