HB 401

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
HB 401	FL	2021	R	Building code reform, Deadlines, Planning for climate adaptation and hazards, Streamline application, Third-party review

Provided by Furman

Summary

The Building Code is the statewide building code for all construction in the state.
Allows substantially affected persons to petition for a non-binding advisory opinion on any local government regulation that the person believes is a technical amendment to the Building Code and was not adopted in accordance with the established process.
Allows local governments to use excess funds generated by building code enforcement fees (i.e., permit fees) for the construction of a building or structure that houses a local government’s building department or provides training programs for building officials, inspectors, or plans examiners.

Prohibits local governments from requiring a contract between a builder and an owner as a condition to apply for or obtain a building permit.
Prevents local governments from using preliminary FEMA maps for any measure that has the effect of imposing land use changes or permits.

Authorizes private providers to conduct virtual building inspections and submit various reports electronically to local building departments.
Amends the Community Planning Act

Prohibits local governments from regulating specific building design elements (such as exterior color and cladding, ornamentation, styling of windows and doors, etc.) for single- and two-family dwellings when adopting land development regulations. However, certain exceptions are provided if:

The dwelling is a historic property or located in a historic district, a community redevelopment area, or a planned unit development or master planned community.
The regulations are adopted in order to implement the National Flood Insurance Program or to ensure protection of coastal wildlife.
The regulations are adopted in accordance with the procedures for adopting local amendments to the Building Code.
The dwelling is located within the jurisdiction of a local government with a design review board or architectural review board.

Provided by lawmakers