Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1346 Ì472106|Î472106 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 04/27/2023 05:58 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Avila moved 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) “Coastal construction control line” means the boundary 12 established pursuant to s. 161.053. 13 (b) “Law” means any statute, ordinance, rule, regulation, 14 policy, resolution, code enforcement order, agreement, or other 15 governmental act. 16 (c) “Local government” means a municipality, county, 17 special district, or any other political subdivision of the 18 state. 19 (d) “Nonconforming structure” means a structure that does 20 not conform to the base flood elevation requirements for new 21 construction issued by the National Flood Insurance Program. 22 (e) “Replacement structure” means a new structure built on 23 a property where a structure was demolished or will be 24 demolished in accordance with this section. 25 (3) QUALIFYING STRUCTURES AND BUILDINGS.— 26 (a) This section applies to all of the following 27 structures: 28 1. Nonconforming structures on properties that are, or have 29 a portion that is, seaward of the coastal construction control 30 line and that are also within zones V, VE, AO, or AE, as 31 identified in the Flood Insurance Rate Map issued by the Federal 32 Emergency Management Agency. 33 2. Any structure determined to be unsafe by a local 34 building official. 35 3. Any structure ordered to be demolished by a local 36 government that has proper jurisdiction. 37 (b) This section does not apply to any of the following 38 structures: 39 1. A structure individually listed on the National Register 40 of Historic Places. 41 2. A single-family home. 42 3. A structure located within an area of critical state 43 concern designated pursuant to s. 380.05. 44 4. A structure located within a municipality that has a 45 total population of less than 10,000 as of the United States 46 Decennial Census of 2020, released August and September 2021. 47 5. A structure located in a municipality within which there 48 are at least three buildings that were in existence on February 49 22, 1821, the date of final ratification of the Adams-Onis 50 Treaty, which ceded Florida to the United States. 51 (4) RESTRICTIONS ON DEMOLITION PROHIBITED.—A local 52 government may not prohibit, restrict, or prevent the demolition 53 of any structure identified in subsection (3) for any reason 54 other than public safety. A local government may review an 55 application for a demolition permit sought pursuant to this 56 section only administratively for compliance with the Florida 57 Building Code, the Florida Fire Prevention Code, and the Life 58 Safety Code, or local amendments thereto, and any regulation 59 applicable to a similarly situated parcel. The local government 60 may not subject an application to additional local land 61 development regulations or public hearings. 62 (5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED.—A local 63 government shall authorize replacement structures to be 64 developed to the maximum height and overall building size 65 authorized by local development regulations. A local government 66 may not do any of the following: 67 (a) Limit, for any reason, the development potential of 68 replacement structures below the maximum allowed by local 69 development regulations. 70 (b) Require replication of a demolished structure. 71 (c) Require the preservation of any elements of a 72 demolished structure. 73 (d) Impose additional regulatory or building requirements 74 on replacement structures which would not otherwise be 75 applicable to a similarly situated vacant parcel. 76 (e) Impose additional public hearings or administrative 77 processes on replacement structures which would not otherwise be 78 applicable to a similarly situated vacant parcel. 79 (6) DEVELOPMENT APPLICATIONS.—Development applications 80 submitted for replacement structures must be processed in 81 accordance with the process outlined in local land development 82 regulations, including any required public hearings before the 83 local historic board. However, a local government may not impose 84 additional public hearings or administrative processes that 85 would not otherwise be applicable to a similarly situated vacant 86 parcel. 87 (7) APPLICATION AND CONSTRUCTION.—This section applies 88 prospectively and retroactively to any law adopted contrary to 89 this section or its intent, and must be liberally construed to 90 effectuate its intent. Nothing in this section applies to or 91 affects s. 553.79(25). 92 (8) PREEMPTION.—A local government may not adopt or enforce 93 a law that in any way limits the demolition of a structure 94 identified in subsection (3) or that limits the development of a 95 replacement structure in violation of subsection (5). A local 96 government may not penalize an owner or a developer of a 97 replacement structure for a demolition pursuant to this section 98 or otherwise enact laws that defeat the intent of this section. 99 Any local government law contrary to this section is void. 100 Section 2. This act shall take effect upon becoming a law. 101 102 ================= T I T L E A M E N D M E N T ================ 103 And the title is amended as follows: 104 Delete everything before the enacting clause 105 and insert: 106 A bill to be entitled 107 An act relating to local regulation of nonconforming 108 or unsafe structures; creating s. 553.8991, F.S.; 109 providing a short title; defining terms; providing 110 applicability; prohibiting local governments from 111 prohibiting, restricting, or preventing the demolition 112 of certain structures unless necessary for public 113 safety; authorizing local governments to review 114 demolition permit applications only for a specified 115 purpose; requiring that replacement structures be 116 authorized to be developed in accordance with 117 applicable development regulations; prohibiting local 118 governments from taking certain actions regarding 119 replacement structures; providing requirements for the 120 processing of development applications; providing for 121 retroactive application; providing applicability and 122 construction; preempting regulation of the demolition 123 or replacement of certain structures to the state 124 under certain circumstances; providing an effective 125 date.