Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 401
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AE/3R         .            Floor: C            
             04/26/2021 01:13 PM       .      04/29/2021 07:32 PM       

       Senator Perry moved the following:
    1         Senate Amendment (with title amendment)
    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  resolution, or other final action approved by the local
   29  governing body; or
   30         7.The dwelling is located within the jurisdiction of a
   31  local government that has a design review board or architectural
   32  review board.
   33         (b)For purposes of this subsection, the term:
   34         1.“Building design elements” means the external building
   35  color; the type or style of exterior cladding material; the
   36  style or material of roof structures or porches; the exterior
   37  nonstructural architectural ornamentation; the location or
   38  architectural styling of windows or doors; the location or
   39  orientation of the garage; the number and type of rooms; and the
   40  interior layout of rooms. The term does not include the height,
   41  bulk, orientation, or location of a dwelling on a zoning lot; or
   42  the use of buffering or screening to minimize potential adverse
   43  physical or visual impacts or to protect the privacy of
   44  neighbors.
   45         2.“Planned unit development” or “master planned community”
   46  means an area of land that is planned and developed as a single
   47  entity or in approved stages with uses and structures
   48  substantially related to the character of the entire
   49  development, or a self-contained development in which the
   50  subdivision and zoning controls are applied to the project as a
   51  whole rather than to individual lots.
   52         (c)This subsection does not affect the validity or
   53  enforceability of private covenants or other contractual
   54  agreements relating to building design elements.
   56  ================= T I T L E  A M E N D M E N T ================
   57  And the title is amended as follows:
   58         Between lines 2 and 3
   59  insert:
   60         s. 163.3202, F.S.; prohibiting certain regulations
   61         relating to building design elements from being
   62         applied to certain dwellings; providing exceptions;
   63         defining terms; providing construction; amending