Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1346
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2023           .                                

       The Committee on Community Affairs (Avila) recommended the
    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         553.8991Resiliency 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)“Nonconforming structure” means a structure located in
   12  a coastal high-hazard area according to a Flood Insurance Rate
   13  Map issued by the Federal Emergency Management Agency (FEMA)
   14  which does not conform to the requirements for new construction
   15  issued by the National Flood Insurance Program.
   16         (b)“Replacement structure” means a new structure built on
   17  a property where a structure was demolished or will be
   18  demolished in accordance with this section.
   19         (3)QUALIFYING STRUCTURES AND BUILDINGS.—This section
   20  applies to all of the following structures, unless the structure
   21  is individually listed in the National Register of Historic
   22  Places or is a single-family home:
   23         (a)Nonconforming structures in coastal high-hazard areas
   24  which fail to meet FEMA standards for new construction.
   25         (b)Any structure determined to be unsafe by a local
   26  building official.
   27         (c)Any structure ordered to be demolished by a local
   28  government that has proper jurisdiction.
   30  government may not prohibit, restrict, or prevent the demolition
   31  of any structure identified in subsection (3) for any reason,
   32  other than public safety.
   34  structure must be permitted to be developed in accordance with
   35  all applicable zoning codes and ordinances, provided that the
   36  zoning codes and ordinances do not in any way penalize or
   37  restrict development rights due to, or related to, the
   38  demolition of any structure in accordance with this section,
   39  including a requirement for replication of the demolished
   40  structure, a limitation on the size or height of the replacement
   41  structure, or the maintenance of any of the elements of the
   42  demolished structure. Owners or developers of replacement
   43  structures may develop in accordance with all land use, zoning,
   44  and other land development rights, whether established by law,
   45  ordinance, rule, regulation, policy, development order, or any
   46  other act, without regard to any local government restrictions
   47  or penalties resulting from the demolition of any structure
   48  identified in subsection (3) which may restrict development of a
   49  replacement structure as a result of a local government order, a
   50  designation, a code enforcement proceeding, or an ordinance.
   51         (6)APPLICATION.—This section applies prospectively and
   52  retroactively to any law adopted contrary to this section and
   53  its intent.
   54         (7)PREEMPTION.—A municipality, county, special district,
   55  or political subdivision may not adopt or apply a law, an
   56  ordinance, a rule, a regulation, a policy, a resolution, or any
   57  other act that in any way limits the demolition of any
   58  structures and buildings identified in subsection (3) or that
   59  limits the development of any replacement structure in a way
   60  that would divest property owners or developers of land use,
   61  zoning, or other land development rights for the demolition of
   62  any structure in accordance with this section. All laws,
   63  ordinances, rules, regulations, policies, resolutions, and other
   64  acts of a municipality, county, special district, or political
   65  subdivision to the contrary are void.
   66         Section 2. This act shall take effect upon becoming a law.
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete everything before the enacting clause
   71  and insert:
   72                        A bill to be entitled                      
   73         An act relating to local regulation of nonconforming
   74         or unsafe structures; creating s. 553.8991, F.S.;
   75         providing a short title; defining terms; providing
   76         applicability; prohibiting local governments from
   77         prohibiting, restricting, or preventing the demolition
   78         of certain structures unless necessary for public
   79         safety; requiring that replacement structures be
   80         permitted to be developed in accordance with
   81         applicable zoning codes and ordinances; providing an
   82         exception; authorizing owners and developers of
   83         replacement structures to develop in accordance with
   84         all land use, zoning, and other land development
   85         rights; providing for retroactive application;
   86         preempting regulation of the demolition or replacement
   87         of certain structures to the state under certain
   88         circumstances; providing an effective date.
   90         WHEREAS, it is of paramount importance to replace older,
   91  unsafe, or nonconforming structures that are a threat to life
   92  and safety with new, resilient buildings built to contemporary
   93  building codes and standards, and
   94         WHEREAS, nonconforming structures within coastal high
   95  hazard areas and structures ordered to be demolished or deemed
   96  unsafe by local building officials pose an increased risk of
   97  collapse, may affect the integrity or stability of neighboring
   98  buildings or structures, and may cause injury to persons or
   99  property, and
  100         WHEREAS, local governmental laws, procedures, and policies
  101  that prohibit or limit the demolition of nonconforming or unsafe
  102  structures or limit the construction of new resilient structures
  103  pose a threat to life and public safety, and
  104         WHEREAS, on properties where there is a nonconforming
  105  structure within a coastal high-hazard area, whether the
  106  structure is deemed unsafe by a local building official or is
  107  subject to a demolition order, such structure must be demolished
  108  and any replacement structure authorized, which will allow
  109  owners or developers to enjoy all land use and development
  110  rights that would apply to the property without regard to any
  111  local restrictions that may restrict future development at the
  112  subject property as a result of the local building official’s
  113  order or demolition, and
  114         WHEREAS, to make the application and enforcement of this
  115  act uniform throughout this state, the Legislature intends to
  116  preempt the regulation of the demolition of certain structures
  117  and buildings to the state, NOW, THEREFORE,