Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for CS for HB 401 Ì728214ÈÎ728214 LEGISLATIVE ACTION Senate . House . . . Floor: 1/RE/3R . 04/26/2021 01:13 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Perry moved the following: 1 Senate Amendment (with title amendment) 2 3 Before line 32 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 regulations are required to ensure protection of 24 coastal wildlife in compliance with s. 161.052, s. 161.053, s. 25 161.0531, s. 161.085, s. 161.163, or chapter 373; 26 6. The dwelling is located in a planned unit development or 27 master planned community created pursuant to a local ordinance; 28 or 29 7. The dwelling is located within the jurisdiction of a 30 local government that has a design review board or architectural 31 review board. 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 55 ================= T I T L E A M E N D M E N T ================ 56 And the title is amended as follows: 57 Between lines 2 and 3 58 insert: 59 s. 163.3202, F.S.; prohibiting certain regulations 60 relating to building design elements from being 61 applied to certain dwellings; providing exceptions; 62 defining terms; providing construction; amending