Florida Senate - 2020                                     SB 954
       By Senator Perry
       8-01094-20                                             2020954__
    1                        A bill to be entitled                      
    2         An act relating to building design; amending s.
    3         163.3202, F.S.; providing that certain regulations
    4         relating to building design elements may not be
    5         applied to certain structures; providing exceptions;
    6         defining the term “building design elements”;
    7         providing applicability; amending s. 553.73, F.S.;
    8         providing that an affected party may submit certain
    9         local government regulations to the Florida Building
   10         Commission for review; providing for enforcement of
   11         such regulations; making technical changes; amending
   12         ss. 125.01 and 125.56, F.S.; conforming cross
   13         references; making technical changes; providing an
   14         effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Present subsection (5) of section 163.3202,
   19  Florida Statutes, is redesignated as subsection (6), and a new
   20  subsection (5) is added to that section, to read:
   21         163.3202 Land development regulations.—
   22         (5)(a)Zoning and development regulations relating to
   23  building design elements may not be applied to a structure that
   24  is subject to local government regulations for one- or two
   25  family dwellings unless:
   26         1.The structure is listed in the National Register of
   27  Historic Places, as defined in s. 267.021; or is a contributing
   28  property to a National Register Historic District; or is
   29  designated as a historic property or a contributing property to
   30  a historic district, under the terms of a local preservation
   31  ordinance.
   32         2.The regulations are adopted in order to implement the
   33  National Flood Insurance Program.
   34         (b)For purposes of this subsection, the term “building
   35  design elements” means the external building color; type or
   36  style of exterior cladding material; style or material of roof
   37  structures or porches; exterior nonstructural architectural
   38  ornamentation; location or architectural styling of windows or
   39  doors, including garage doors; number and type of rooms; and
   40  interior layout of rooms. The term does not include the height,
   41  bulk, orientation, or location of a structure on a zoning lot;
   42  or the use of buffering or screening to minimize potential
   43  adverse physical or visual impacts or protect the privacy of
   44  neighbors.
   45         (c)This subsection does not affect the validity or
   46  enforceability of private covenants or other contractual
   47  agreements relating to building design elements between property
   48  owners.
   49         Section 2. Subsection (4) of section 553.73, Florida
   50  Statutes, is amended to read:
   51         553.73 Florida Building Code.—
   52         (4)(a) All entities authorized to enforce the Florida
   53  Building Code under pursuant to s. 553.80 shall comply with
   54  applicable standards for issuance of mandatory certificates of
   55  occupancy, minimum types of inspections, and procedures for
   56  plans review and inspections as established by the commission by
   57  rule. Local governments may adopt amendments to the
   58  administrative provisions of the Florida Building Code, subject
   59  to the limitations in of this subsection paragraph. Local
   60  amendments must shall be more stringent than the minimum
   61  standards described in this subsection herein and must shall be
   62  transmitted to the commission within 30 days after enactment.
   63  The local government shall make such amendments available to the
   64  general public in a usable format. The State Fire Marshal is
   65  responsible for establishing the standards and procedures
   66  required in this subsection paragraph for governmental entities
   67  with respect to applying the Florida Fire Prevention Code and
   68  the Life Safety Code.
   69         (b) Local governments may, subject to the limitations in of
   70  this subsection and not more than once every 6 months section,
   71  adopt amendments to the technical provisions of the Florida
   72  Building Code that which apply solely within the jurisdiction of
   73  such government and that which provide for more stringent
   74  requirements than those specified in the Florida Building Code,
   75  not more than once every 6 months. A local government may adopt
   76  technical amendments that address local needs if:
   77         1. The local governing body determines, following a public
   78  hearing which has been advertised in a newspaper of general
   79  circulation at least 10 days before the hearing, that there is a
   80  need to strengthen the requirements of the Florida Building
   81  Code. The determination must be based upon a review of local
   82  conditions by the local governing body, which review
   83  demonstrates by evidence or data that the geographical
   84  jurisdiction governed by the local governing body exhibits a
   85  local need to strengthen the Florida Building Code beyond the
   86  needs or regional variation addressed by the Florida Building
   87  Code, that the local need is addressed by the proposed local
   88  amendment, and that the amendment is no more stringent than
   89  necessary to address the local need.
   90         2. Such additional requirements are not discriminatory
   91  against materials, products, or construction techniques of
   92  demonstrated capabilities.
   93         3. Such additional requirements do may not introduce a new
   94  subject not addressed in the Florida Building Code.
   95         (c)4. The enforcing agency shall make readily available, in
   96  a usable format, all amendments adopted under pursuant to this
   97  subsection section.
   98         (d)5. Any amendment to the Florida Building Code shall be
   99  transmitted within 30 days after adoption by the adopting local
  100  government to the commission. The commission shall maintain
  101  copies of all such amendments in a format that is usable and
  102  obtainable by the public. Local technical amendments are shall
  103  not become effective until 30 days after the amendment has been
  104  received and published by the commission.
  105         (e)6.An Any amendment to the Florida Building Code adopted
  106  by a local government under pursuant to this subsection is
  107  paragraph shall be effective only until the adoption by the
  108  commission of the new edition of the Florida Building Code by
  109  the commission every third year. At such time, the commission
  110  shall review such amendment for consistency with the criteria in
  111  paragraph (9)(a) and adopt such amendment as part of the Florida
  112  Building Code or rescind the amendment. The commission shall
  113  immediately notify the respective local government of the
  114  rescission of any amendment. After receiving such notice, the
  115  respective local government may readopt the rescinded amendment
  116  under pursuant to the provisions of this subsection paragraph.
  117         (f)7. Each county and municipality desiring to make local
  118  technical amendments to the Florida Building Code shall by
  119  interlocal agreement establish by interlocal agreement a
  120  countywide compliance review board to review any amendment to
  121  the Florida Building Code that is, adopted by a local government
  122  within the county under pursuant to this subsection and
  123  paragraph, that is challenged by a any substantially affected
  124  party for purposes of determining the amendment’s compliance
  125  with this subsection paragraph. If challenged, the local
  126  technical amendments are shall not become effective until the
  127  time for filing an appeal under paragraph (g) pursuant to
  128  subparagraph 8. has expired or, if there is an appeal, until the
  129  commission issues its final order determining if the adopted
  130  amendment is in compliance with this subsection.
  131         (g)8. If the compliance review board determines such
  132  amendment is not in compliance with this subsection paragraph,
  133  the compliance review board shall notify such local government
  134  of the noncompliance and that the amendment is invalid and
  135  unenforceable until the local government corrects the amendment
  136  to bring it into compliance. The local government may appeal the
  137  decision of the compliance review board to the commission. If
  138  the compliance review board determines that such amendment is to
  139  be in compliance with this subsection paragraph, any
  140  substantially affected party may appeal such determination to
  141  the commission. Any such appeal must shall be filed with the
  142  commission within 14 days after of the board’s written
  143  determination. The commission shall promptly refer the appeal to
  144  the Division of Administrative Hearings by electronic means
  145  through the division’s website for the assignment of an
  146  administrative law judge. The administrative law judge shall
  147  conduct the required hearing within 30 days after being assigned
  148  to the appeal, and shall enter a recommended order within 30
  149  days after of the conclusion of such hearing. The commission
  150  shall enter a final order within 30 days after an order is
  151  rendered thereafter. The provisions of Chapter 120 and the
  152  uniform rules of procedure shall apply to such proceedings. The
  153  local government adopting the amendment that is subject to
  154  challenge has the burden of proving that the amendment complies
  155  with this subsection paragraph in proceedings before the
  156  compliance review board and the commission, as applicable.
  157  Actions of the commission are subject to judicial review under
  158  pursuant to s. 120.68. The compliance review board shall
  159  determine whether its decisions apply to a respective local
  160  jurisdiction or apply countywide.
  161         (h)9. An amendment adopted under this subsection paragraph
  162  shall include a fiscal impact statement that which documents the
  163  costs and benefits of the proposed amendment. Criteria for the
  164  fiscal impact statement shall include the impact to local
  165  government relative to enforcement and, the impact to property
  166  and building owners and, as well as to industry, relative to the
  167  cost of compliance. The fiscal impact statement may not be used
  168  as a basis for challenging the amendment for compliance.
  169         (i)10. In addition to paragraphs (f) and (g) subparagraphs
  170  7. and 9., the commission may review any amendments adopted
  171  under pursuant to this subsection and make nonbinding
  172  recommendations related to compliance of such amendments with
  173  this subsection.
  174         (j)(c) Any amendment adopted by a local enforcing agency
  175  under pursuant to this subsection may shall not apply to state
  176  or school district owned buildings, manufactured buildings or
  177  factory-built school buildings approved by the commission, or
  178  prototype buildings approved under pursuant to s. 553.77(3). The
  179  respective responsible entities shall consider the physical
  180  performance parameters substantiating such amendments when
  181  designing, specifying, and constructing such exempt buildings.
  182         (k)(d) A technical amendment to the Florida Building Code
  183  related to water conservation practices or design criteria
  184  adopted by a local government under pursuant to this subsection
  185  is not rendered void when the code is updated if the technical
  186  amendment is necessary to protect or provide for more efficient
  187  use of water resources as provided in s. 373.621. However, any
  188  such technical amendment carried forward into the next edition
  189  of the code under pursuant to this subsection paragraph is
  190  subject to review or modification as provided in this part.
  191         (l)Any substantially affected party may submit to the
  192  commission for review any local government regulation,
  193  including, but not limited to, a law, an ordinance, a policy, an
  194  amendment, or a land use or zoning provision, that such party
  195  believes is a technical amendment to the Florida Building Code.
  196  If the commission determines that the local government
  197  regulation is a technical amendment to the Florida Building
  198  Code, the regulation is not effective or enforceable until it is
  199  adopted in accordance with this subsection.
  200         Section 3. Paragraph (bb) of subsection (1) of section
  201  125.01, Florida Statutes, is amended to read:
  202         125.01 Powers and duties.—
  203         (1) The legislative and governing body of a county shall
  204  have the power to carry on county government. To the extent not
  205  inconsistent with general or special law, this power includes,
  206  but is not restricted to, the power to:
  207         (bb) Enforce the Florida Building Code, as provided in s.
  208  553.80, and adopt and enforce local technical amendments to the
  209  Florida Building Code as provided in s. 553.73(4), pursuant to
  210  s. 553.73(4)(b) and (c).
  211         Section 4. Subsection (1) of section 125.56, Florida
  212  Statutes, is amended to read:
  213         125.56 Enforcement and amendment of the Florida Building
  214  Code and the Florida Fire Prevention Code; inspection fees;
  215  inspectors; etc.—
  216         (1) The board of county commissioners of each of the
  217  several counties of the state may enforce the Florida Building
  218  Code and the Florida Fire Prevention Code, as provided in ss.
  219  553.80, 633.206, and 633.208, and, at its discretion, adopt
  220  local technical amendments to the Florida Building Code as
  221  provided in s. 553.73(4), pursuant to s. 553.73(4)(b) and (c)
  222  and local technical amendments to the Florida Fire Prevention
  223  Code as provided in, pursuant to s. 633.202, to provide for the
  224  safe construction, erection, alteration, repair, securing, and
  225  demolition of any building within its territory outside the
  226  corporate limits of any municipality. Upon a determination to
  227  consider amending the Florida Building Code or the Florida Fire
  228  Prevention Code by a majority of the members of the board of
  229  county commissioners of such county, the board shall call a
  230  public hearing and comply with the public notice requirements of
  231  s. 125.66(2). The board shall hear all interested parties at the
  232  public hearing and may then amend the building code or the fire
  233  code consistent with the terms and purposes of this act. Upon
  234  adoption, an amendment to the code shall be in full force and
  235  effect throughout the unincorporated area of such county until
  236  otherwise notified by the Florida Building Commission under
  237  pursuant to s. 553.73 or the State Fire Marshal under pursuant
  238  to s. 633.202. This subsection does not Nothing herein contained
  239  shall be construed to prevent the board of county commissioners
  240  from repealing such amendment to the building code or the fire
  241  code at any regular meeting of such board.
  242         Section 5. This act shall take effect July 1, 2020.