Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 1346 Ì395166?Î395166 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/24/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (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) “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. 29 (4) RESTRICTIONS ON DEMOLITION PROHIBITED.—A local 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. 33 (5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED.—A replacement 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. 67 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. 89 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,