SB 954 (Perry) and CS/CS/HB 459 (Overdorf) preempt local governments from adopting zoning and development regulations that require specific building design elements for single- and two-family dwellings, unless certain conditions are met. The bills define the term “building design elements” to mean exterior color, type or style of exterior cladding; style or material of roof structures or porches; exterior nonstructural architectural ornamentation; location or architectural styling of windows or doors; and number, type, and layout of rooms.
The bills provide a limited exemption from the preemption by allowing allow local governments to adopt and enforce regulations that require “building design elements” for single- and two-family dwellings only if they are listed on the Historical Preservation Registry, housed within a Community Redevelopment Agency or if regulations are adopted in order to implement the National Flood Insurance Program.
The bills also allow a substantially affected person to petition the Florida Building Commission to review a local government regulation to determine if the regulation is actually an unauthorized amendment to the Building Code. (Branch)