Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1146
Ì485418=Î485418
LEGISLATIVE ACTION
Senate . House
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The Committee on Rules (Brodeur) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Before line 88
4 insert:
5 Section 1. Present subsection (5) of section 163.3202,
6 Florida Statutes, is redesignated as subsection (6), and a new
7 subsection (5) is added to that section, to read:
8 163.3202 Land development regulations.—
9 (5)(a) Land development regulations relating to building
10 design elements may not be applied to a single-family or two
11 family dwelling unless:
12 1. The dwelling is listed in the National Register of
13 Historic Places, as defined in s. 267.021(5); is located in a
14 National Register Historic District; or is designated as a
15 historic property or located in a historic district, under the
16 terms of a local preservation ordinance;
17 2. The regulations are adopted in order to implement the
18 National Flood Insurance Program;
19 3. The regulations are adopted pursuant to and in
20 compliance with chapter 553;
21 4. The dwelling is located in a community redevelopment
22 area, as defined in s. 163.340(10);
23 5. The dwelling is located in a planned unit development or
24 master planned community created pursuant to a local ordinance
25 enacted on or before July 1, 2021; or
26 6. The dwelling is located within the jurisdiction of a
27 local government that has a design review board or architectural
28 review board and the dwelling was reviewed by such board on or
29 before July 1, 2021.
30 (b) For purposes of this subsection, the term:
31 1. “Building design elements” means the external building
32 color; the type or style of exterior cladding material; the
33 style or material of roof structures or porches; the exterior
34 nonstructural architectural ornamentation; the location or
35 architectural styling of windows or doors; the location or
36 orientation of the garage; the number and type of rooms; and the
37 interior layout of rooms. The term does not include the height,
38 bulk, orientation, or location of a dwelling on a zoning lot; or
39 the use of buffering or screening to minimize potential adverse
40 physical or visual impacts or to protect the privacy of
41 neighbors.
42 2. “Planned unit development” or “master planned community”
43 means an area of land that is planned and developed as a single
44 entity or in approved stages with uses and structures
45 substantially related to the character of the entire
46 development, or a self-contained development in which the
47 subdivision and zoning controls are applied to the project as a
48 whole rather than to individual lots.
49 (c) This subsection does not affect the validity or
50 enforceability of private covenants or other contractual
51 agreements relating to building design elements.
52
53 ================= T I T L E A M E N D M E N T ================
54 And the title is amended as follows:
55 Between lines 2 and 3
56 insert:
57 s. 163.3202, F.S.; prohibiting certain regulations
58 relating to building design elements from being
59 applied to certain dwellings; providing exceptions;
60 defining terms; providing construction; amending