Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. CS for SB 1346 Ì170426"Î170426 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/04/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environment and Natural Resources (Avila) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 553.8991, Florida Statutes, is created 6 to read: 7 553.8991 Resiliency and Safe Structures Act.— 8 (1) SHORT TITLE.—This section may be cited as the 9 “Resiliency and Safe Structures Act.” 10 (2) DEFINITIONS.—As used in this section, the term: 11 (a) “Law” means any statute, ordinance, rule, regulation, 12 policy, resolution, code enforcement order, agreement, or other 13 governmental act. 14 (b) “Local government” means a municipality, county, 15 special district, or any other political subdivision of the 16 state. 17 (c) “Nonconforming structure” means a structure that does 18 not conform to the requirements for new construction issued by 19 the National Flood Insurance Program. 20 (d) “Replacement structure” means a new structure built on 21 a property where a structure was demolished or will be 22 demolished in accordance with this section. 23 (3) QUALIFYING STRUCTURES AND BUILDINGS.—This section 24 applies to all of the following structures, unless the structure 25 is individually listed in the National Register of Historic 26 Places or is a single-family home: 27 (a) Nonconforming structures located within one-half mile 28 of the coastline and within zones V, VE, AO, or AE, as 29 identified in the Flood Insurance Rate Map issued by the Federal 30 Emergency Management Agency. 31 (b) Any structure determined to be unsafe by a local 32 building official. 33 (c) Any structure ordered to be demolished by a local 34 government that has proper jurisdiction. 35 (4) RESTRICTIONS ON DEMOLITION PROHIBITED.—A local 36 government may not prohibit, restrict, or prevent the demolition 37 of any structure identified in subsection (3) for any reason 38 other than public safety. A local government may review an 39 application for a demolition permit sought pursuant to this 40 section only administratively for compliance with the Florida 41 Building Code, the Florida Fire Prevention Code, and the Life 42 Safety Code, or local amendments thereto, and any regulation 43 applicable to a similarly situated parcel. The local government 44 may not subject an application to additional local land 45 development regulations or public hearings. 46 (5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED.—A local 47 government shall authorize replacement structures to be 48 developed to the maximum height and overall building size 49 authorized by local development regulations. A local government 50 may not do any of the following: 51 (a) Limit, for any reason, the development potential of 52 replacement structures below the maximum allowed by local 53 development regulations. 54 (b) Require replication of a demolished structure. 55 (c) Limit the size or height of a replacement structure. 56 (d) Require maintenance of any element of a demolished 57 structure. 58 (e) If a structure is demolished pursuant to this section, 59 impose additional regulatory or building requirements on a 60 replacement structure which would not otherwise be applicable to 61 a similarly situated vacant parcel. 62 (6) APPLICATION AND CONSTRUCTION.—This section applies 63 prospectively and retroactively to any law adopted contrary to 64 this section or its intent, except that this section does not 65 apply to s. 553.79(25). This section must be liberally construed 66 to effectuate its intent. 67 (7) PREEMPTION.—A local government may not adopt or enforce 68 a law that in any way limits the demolition of a structure 69 identified in subsection (3) or that limits the development of a 70 replacement structure in violation of subsection (5). A local 71 government may not penalize an owner or a developer of a 72 replacement structure for a demolition pursuant to this section 73 or otherwise enact laws that defeat the intent of this section. 74 Any local government law contrary to this section is void. 75 Section 2. This act shall take effect upon becoming a law. 76 77 ================= T I T L E A M E N D M E N T ================ 78 And the title is amended as follows: 79 Delete everything before the enacting clause 80 and insert: 81 A bill to be entitled 82 An act relating to local regulation of nonconforming 83 or unsafe structures; creating s. 553.8991, F.S.; 84 providing a short title; defining terms; providing 85 applicability; prohibiting local governments from 86 prohibiting, restricting, or preventing the demolition 87 of certain structures unless necessary for public 88 safety; authorizing local governments to review 89 demolition permit applications only for a specified 90 purpose; requiring that replacement structures be 91 permitted to be developed in accordance with 92 applicable development regulations; prohibiting local 93 governments from taking certain actions regarding 94 replacement structures; providing for retroactive 95 application; providing applicability and construction; 96 preempting regulation of the demolition or replacement 97 of certain structures to the state under certain 98 circumstances; providing an effective date. 99 100 WHEREAS, it is of paramount importance to replace older, 101 unsafe, or nonconforming structures that are a threat to life 102 and safety with new, resilient buildings built to contemporary 103 building codes and standards, and 104 WHEREAS, nonconforming structures within coastal high 105 hazard areas and structures that are ordered to be demolished or 106 that are deemed unsafe by local building officials pose an 107 increased risk of collapse, may affect the integrity or 108 stability of neighboring buildings or structures, and may cause 109 injury to persons or property, and 110 WHEREAS, local governmental laws, procedures, and policies 111 that prohibit or limit the demolition of nonconforming or unsafe 112 structures or limit the construction of new, resilient 113 structures pose a threat to life and public safety, and 114 WHEREAS, on properties where there is a nonconforming 115 structure within a coastal high-hazard area, regardless of 116 whether the structure is deemed unsafe by a local building 117 official or is subject to a demolition order, such structure 118 must be demolished and any replacement structure authorized, 119 which will allow owners or developers to enjoy all land use and 120 development rights that would apply to the property without 121 regard to any local restrictions that may restrict future 122 development at the subject property as a result of the local 123 building official’s order of demolition, and 124 WHEREAS, to make the application and enforcement of this 125 act uniform throughout this state, the Legislature intends to 126 preempt the regulation of the demolition of certain structures 127 and buildings to the state, NOW, THEREFORE,