Bill Text: FL S0954 | 2020 | Regular Session | Introduced
Bill Title: Building Design
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Community Affairs [S0954 Detail]
Download: Florida-2020-S0954-Introduced.html
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.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
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.
