Florida Senate - 2021                              CS for SB 284
       
       
        
       By the Committee on Community Affairs; and Senators Perry and
       Hutson
       
       
       
       
       578-02919-21                                           2021284c1
    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 dwellings; providing exceptions;
    6         defining terms; providing construction; providing an
    7         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) Land development regulations relating to building
   16  design elements may not be applied to a single-family or two
   17  family dwelling unless:
   18         1. The dwelling is listed in the National Register of
   19  Historic Places, as defined in s. 267.021(5); is located in a
   20  National Register Historic District; or is designated as a
   21  historic property or located in a historic district, under the
   22  terms of a local preservation ordinance;
   23         2. The regulations are adopted in order to implement the
   24  National Flood Insurance Program;
   25         3. The regulations are adopted pursuant to and in
   26  compliance with chapter 553;
   27         4. The dwelling is located in a community redevelopment
   28  area, as defined in s. 163.340(10); or
   29         5. The dwelling is located in a planned unit development or
   30  master planned community created pursuant to a local ordinance
   31  enacted on or before July 1, 2021.
   32         (b) For purposes of this subsection, the term:
   33         1. “Building design elements” means the external building
   34  color; the type or style of exterior cladding material; the
   35  style or material of roof structures or porches; the exterior
   36  nonstructural architectural ornamentation; the location or
   37  architectural styling of windows or doors; the location or
   38  orientation of the garage; the number and type of rooms; and the
   39  interior layout of rooms. The term does not include the height,
   40  bulk, orientation, or location of a dwelling on a zoning lot; or
   41  the use of buffering or screening to minimize potential adverse
   42  physical or visual impacts or to protect the privacy of
   43  neighbors.
   44         2. “Planned unit development” or “master planned community”
   45  means an area of land that is planned and developed as a single
   46  entity or in approved stages with uses and structures
   47  substantially related to the character of the entire
   48  development, or a self-contained development in which the
   49  subdivision and zoning controls are applied to the project as a
   50  whole rather than to individual lots.
   51         (c) This subsection does not affect the validity or
   52  enforceability of private covenants or other contractual
   53  agreements relating to building design elements.
   54         Section 2. This act shall take effect July 1, 2021.