Florida HB 1227: Building Standards for State Subsidized Developments
Status: Died in Energy and Utilities Subcommittee (as of 2018-03-10)
State: Florida · Session: 2018 · Bill: HB 1227
Subjects: construction industry, environmental protection
Sponsors: Stafford
Bill Text
HB 1227 2026 CODING: Words stricken are deletions; words underlined are additions. hb1227-00 Page 1 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to preemption to the state; creating 2 ss. 125.595, 166.0499, and 189.09, F.S.; providing 3 legislative findings and intent; providing for 4 preemption of all matters relating to the regulation 5 of religious services and gatherings; prohibiting 6 counties, municipalities, and special districts, 7 respectively, from substantially burdening the free 8 exercise of religion by adopting or enforcing certain 9 ordinances, regulations, resolutions, rules, or other 10 policies; requiring that religious services and 11 gatherings, and parking relating to the attendance of 12 such services and gatherings, be allowed on specified 13 property; providing construction; providing that 14 certain ordinances, regulations, resolutions, rules, 15 and policies adopted or enforced by counties, 16 municipalities, and special districts are void and 17 unenforceable; amending s. 553.79, F.S.; prohibiting a 18 local enforcement agency from denying the issuance of 19 a certificate of occupancy to an owner of residential 20 or commercial property based on noncompliance with 21 Florida-friendly landscaping ordinances in certain 22 circumstances; prohibiting a local enforcement agency 23 from denying the issuance of a building permit for the 24 alteration, modification, or repair of a single-family 25 HB 1227 2026 CODING: Words stricken are deletions; words underlined are additions. hb1227-00 Page 2 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S residential structure in certain circumstances; 26 prohibiting a local enforcement agency from requiring 27 a building permit for the construction of playground 28 equipment or a fence on certain property; creating s. 29 559.954, F.S.; defining the terms "local government" 30 and "mutual benefit corporation"; providing the 31 regulation of mutual benefit corporations is preempted 32 to the state; prohibiting local governments from 33 adopting or enforcing certain ordinances, regulations, 34 resolutions, rules, charter provisions, or other 35 policies or from taking any action to license or 36 otherwise regulate mutual benefit corporations in a 37 specified manner; providing certain ordinances, 38 regulations, resolutions, rules, charter provisions, 39 or other policies are void and unenforceable; 40 providing a civil cause of action; waiving sovereign 41 immunity in accordance with specified laws; amending 42 s. 559.955, F.S.; revising the criteria for a business 43 to be considered a home-based business as it relates 44 to local government regulation of parking; providing 45 an effective date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1. Section 125.595, Florida Statutes, is created 50 HB 1227 2026 CODING: Words stricken are deletions; words underlined are additions. hb1227-00 Page 3 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S to read: 51 125.595 Ordinances, regulations, resolutions, rules, and 52 policies relating to religious services and gatherings.— 53 (1) The Legislature finds: 54 (a) The free exercise of religion is a fundamental right 55 guaranteed by the United States Constitution and the State 56 Constitution. 57 (b) The Legislature enacted the Religious Freedom 58 Restoration Act of 1998 to protect a person's free exercise of 59 religion from being substantially burdened by the state or 60 government, which includes a county, special district, 61 municipality, or any other subdivision of this state. 62 (c) Religious services and gatherings, whether held in 63 traditional houses of worship, private residences, or commercial 64 establishments, are an essential expression of the free exercise 65 of religion. 66 (d) Counties have, at times, enacted or enforced 67 ordinances, regulations, resolutions, rules, or other policies 68 that substantially burden a person's exercise of religion by 69 restricting religious services and gatherings, parking, or 70 related services or activities. 71 (2) It is therefore the intent of the Legislature to: 72 (a) Preempt any ordinance, regulation, resolution, rule, 73 or other policy that substantially burdens the free exercise of 74 religion. 75 HB 1227 2026 CODING: Words stricken are deletions; words underlined are additions. hb1227-00 Page 4 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (b) Ensure uniform statewide protection for the free 76 exercise of religion. 77 (3)(a)1. All matters relating to the regulation of 78 religious services and gatherings are preempted to the state, 79 and a county may not substantially burden the free exercise of 80 religion by adopting or enforcing any ordinance, regulation, 81 resolution, rule, or other policy to prohibit or restrict a 82 person's ability to attend religious services or gatherings in 83 areas zoned fo
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