Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1346
                              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)
    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.
   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.
   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.
   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.
  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,