Senate Bill 1404

    Florida Senate - 1998                                  SB 1404

    By Senators Brown-Waite, Dudley, Williams and Clary





    10-416A-98

  1                      A bill to be entitled

  2         An act relating to the Coastal Zone

  3         Construction Act; amending s. 161.54, F.S.;

  4         redefining the term "substantial improvement";

  5         providing an effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Subsection (12) of section 161.54, Florida

10  Statutes, is amended to read:

11         161.54  Definitions.--In construing ss. 161.52-161.58:

12         (12)  "Substantial improvement" means any repair,

13  reconstruction, rehabilitation, or improvement of a structure,

14  where the actual cost of the improvement or repair of the

15  structure to its pre-damage condition equals or exceeds, over

16  a 5-year period, a cumulative total of 50 percent of the

17  market value of the structure either:

18         (a)  Before the improvement or repair is started; or

19         (b)  If the structure has been damaged and is being

20  restored, before the damage occurred.

21

22  The cumulative total cost does not include nonstructural

23  interior finishings including, but not limited to, finish

24  flooring and floor coverings, base molding, nonstructural

25  substrates, drywall, plaster, paneling, wall covering,

26  tapestries, window treatments, decorative masonry, paint,

27  interior doors, tile, cabinets, moldings and millwork,

28  decorative metal work, vanities, electrical receptacles,

29  electrical switches, electrical fixtures, intercoms,

30  communications and sound systems, security systems, HVAC

31  grills and decorative trim, freestanding metal fireplaces,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1404
    10-416A-98




  1  appliances, water closets, tubs and shower enclosures,

  2  lavatories, and water heaters, or roof coverings, except when

  3  determining whether the structure has been substantially

  4  improved as a result of a single improvement or repair.

  5

  6  For the purposes of this definition, "substantial improvement"

  7  is considered to occur when the first alteration of any wall,

  8  ceiling, floor, or other structural part of the building

  9  commences, whether or not that alteration affects the external

10  dimensions of the structure.  The term does not, however,

11  include either any project for improvement of a structure to

12  comply with existing state or local health, sanitary, or

13  safety code specifications which are solely necessary to

14  assure safe living conditions or any alteration of a structure

15  listed on the National Register of Historic Places or the

16  State Inventory of Historic Places.

17         Section 2.  This act shall take effect upon becoming a

18  law.

19

20            *****************************************

21                          SENATE SUMMARY

22    Redefines the term "substantial improvement" for purposes
      of the Coastal Zone Protection Act.
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