Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1346 Ì745334&Î745334 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/28/2023 11:52 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 10,000 or less according to the most recent 46 decennial census. 47 5. A structure located in a municipality within which there 48 are at least three buildings that were originally erected more 49 than 200 years ago. 50 (4) RESTRICTIONS ON DEMOLITION PROHIBITED.—A local 51 government may not prohibit, restrict, or prevent the demolition 52 of any structure identified in subsection (3) for any reason 53 other than public safety. A local government may review an 54 application for a demolition permit sought pursuant to this 55 section only administratively for compliance with the Florida 56 Building Code, the Florida Fire Prevention Code, and the Life 57 Safety Code, or local amendments thereto, and any regulation 58 applicable to a similarly situated parcel. The local government 59 may not subject an application to additional local land 60 development regulations or public hearings. 61 (5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED.—A local 62 government shall authorize replacement structures to be 63 developed to the maximum height and overall building size 64 authorized by local development regulations. A local government 65 may not do any of the following: 66 (a) Limit, for any reason, the development potential of 67 replacement structures below the maximum allowed by local 68 development regulations. 69 (b) Require replication of a demolished structure. 70 (c) Require the preservation of any elements of a 71 demolished structure. 72 (d) Impose additional regulatory or building requirements 73 on replacement structures which would not otherwise be 74 applicable to a similarly situated vacant parcel. 75 (e) Impose additional public hearings or administrative 76 processes on replacement structures which would not otherwise be 77 applicable to a similarly situated vacant parcel. 78 (6) DEVELOPMENT APPLICATIONS.—Development applications 79 submitted for replacement structures must be processed in 80 accordance with the process outlined in local land development 81 regulations, including any required public hearings before the 82 local historic board. However, a local government may not impose 83 additional public hearings or administrative processes that 84 would not otherwise be applicable to a similarly situated vacant 85 parcel. 86 (7) APPLICATION AND CONSTRUCTION.—This section applies 87 prospectively and retroactively to any law adopted contrary to 88 this section or its intent, and must be liberally construed to 89 effectuate its intent. Nothing in this section applies to or 90 affects s. 553.79(25). 91 (8) PREEMPTION.—A local government may not adopt or enforce 92 a law that in any way limits the demolition of a structure 93 identified in subsection (3) or that limits the development of a 94 replacement structure in violation of subsection (5). A local 95 government may not penalize an owner or a developer of a 96 replacement structure for a demolition pursuant to this section 97 or otherwise enact laws that defeat the intent of this section. 98 Any local government law contrary to this section is void. 99 Section 2. This act shall take effect upon becoming a law. 100 101 ================= T I T L E A M E N D M E N T ================ 102 And the title is amended as follows: 103 Delete everything before the enacting clause 104 and insert: 105 A bill to be entitled 106 An act relating to local regulation of nonconforming 107 or unsafe structures; creating s. 553.8991, F.S.; 108 providing a short title; defining terms; providing 109 applicability; prohibiting local governments from 110 prohibiting, restricting, or preventing the demolition 111 of certain structures unless necessary for public 112 safety; authorizing local governments to review 113 demolition permit applications only for a specified 114 purpose; requiring that replacement structures be 115 authorized to be developed in accordance with 116 applicable development regulations; prohibiting local 117 governments from taking certain actions regarding 118 replacement structures; providing requirements for the 119 processing of development applications; providing for 120 retroactive application; providing applicability and 121 construction; preempting regulation of the demolition 122 or replacement of certain structures to the state 123 under certain circumstances; providing an effective 124 date.