Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1346
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2023           .                                
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       The Committee on Rules (Avila) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 74 - 112
    4  and insert:
    5  of the coastline which are also within zones V, VE, AO, or AE,
    6  as identified on the Flood Insurance Rate Map issued by the
    7  Federal Emergency Management Agency.
    8         (b) Any structure determined to be unsafe by a local
    9  building official.
   10         (c) Any structure ordered to be demolished by a local
   11  government that has proper jurisdiction.
   12         (4) RESTRICTIONS ON DEMOLITION PROHIBITED.—A local
   13  government may not prohibit, restrict, or prevent the demolition
   14  of any structure identified in subsection (3) for any reason
   15  other than public safety. A local government may review an
   16  application for a demolition permit sought pursuant to this
   17  section only administratively for compliance with the Florida
   18  Building Code, the Florida Fire Prevention Code, and the Life
   19  Safety Code, or local amendments thereto, and any regulation
   20  applicable to a similarly situated parcel. The local government
   21  may not subject an application to additional local land
   22  development regulations or public hearings.
   23         (5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED.—A local
   24  government shall authorize replacement structures to be
   25  developed to the maximum height and overall building size
   26  authorized by local development regulations. A local government
   27  may not do any of the following:
   28         (a) Limit, for any reason, the development potential of
   29  replacement structures below the maximum allowed by local
   30  development regulations.
   31         (b) Require replication of a demolished structure.
   32         (c) Require the preservation of any element of a demolished
   33  structure.
   34         (d) Impose additional regulatory or building requirements
   35  on a replacement structure which would not otherwise be
   36  applicable to a similarly situated vacant parcel.
   37         (6) APPLICATION AND CONSTRUCTION.—This section applies
   38  prospectively and retroactively to any law adopted contrary to
   39  this section or its intent and must be liberally construed to
   40  effectuate its intent. This section does not apply to or affect
   41  s. 553.79(25).
   42  
   43  ================= T I T L E  A M E N D M E N T ================
   44  And the title is amended as follows:
   45         Delete lines 24 - 43
   46  and insert:
   47         WHEREAS, nonconforming structures that are within one half
   48  mile of the coast and that are also within a coastal special
   49  flood hazard area and structures that are ordered to be
   50  demolished or that are deemed unsafe by local building officials
   51  pose an increased risk of collapse, may affect the integrity or
   52  stability of neighboring buildings or structures, and may cause
   53  injury to persons or property, and
   54         WHEREAS, local governmental laws, procedures, and policies
   55  that prohibit or limit the demolition of nonconforming or unsafe
   56  structures or limit the construction of new, resilient
   57  structures pose a threat to life and public safety, and
   58         WHEREAS, nonconforming structures that are within one half
   59  mile of the coast and that are also within a coastal special
   60  flood hazard area, regardless of whether the structures are
   61  deemed unsafe by a local building official or are subject to a
   62  demolition order, must be permitted to be demolished and to have
   63  replacement structures authorized, allowing owners or developers
   64  to enjoy all land use and development rights that would apply to
   65  the property without regard to any local restrictions that may
   66  restrict future development as a result of the demolition, and