Florida Senate - 2023                                    SB 1346
       By Senator Avila
       39-01494B-23                                          20231346__
    1                        A bill to be entitled                      
    2         An act relating to local regulation of nonconforming
    3         or unsafe structures; amending s. 553.79, F.S.;
    4         authorizing private property owners to obtain building
    5         permits to demolish certain historic structures under
    6         certain circumstances; providing an exception;
    7         creating s. 553.8991, F.S.; providing a short title;
    8         defining terms; providing applicability; prohibiting
    9         local governments from prohibiting, restricting, or
   10         preventing the demolition of certain structures unless
   11         necessary for public safety; prohibiting local
   12         governments from imposing limitations or conditions on
   13         certain replacement structures; providing that owners
   14         and developers of such structures are entitled to
   15         certain land use and development rights; providing for
   16         retroactive application; preempting regulation of the
   17         demolition or replacement of certain structures to the
   18         state under certain circumstances; providing an
   19         effective date.
   21         WHEREAS, it is of paramount importance to replace older,
   22  unsafe, or nonconforming structures that are a threat to life
   23  and safety with new, resilient buildings built to contemporary
   24  building codes and standards, and
   25         WHEREAS, nonconforming structures within coastal high
   26  hazard areas and structures ordered to be demolished or deemed
   27  unsafe by local building officials pose an increased risk of
   28  collapse, may affect the integrity or stability of neighboring
   29  buildings or structures, and may cause injury to persons or
   30  property, and
   31         WHEREAS, local governmental laws, procedures, and policies
   32  that prohibit or limit the demolition of nonconforming or unsafe
   33  structures or limit the construction of new resilient structures
   34  pose a threat to life and public safety, and
   35         WHEREAS, on properties where there is a nonconforming
   36  structure within a coastal high-hazard area, a structure that
   37  has been deemed unsafe by a local building official, or a
   38  structure that is subject to a demolition order, such structure
   39  must be authorized to be demolished and any replacement
   40  structure authorized which allows owners or developers to enjoy
   41  all land use and development rights that would apply to the
   42  property without regard to any local restrictions that may
   43  restrict future development at the subject property as a result
   44  of the local building official’s order or demolition, and
   45         WHEREAS, to make the application and enforcement of this
   46  act uniform throughout this state, the Legislature intends to
   47  preempt the regulation of the demolition of certain structures
   48  and buildings to the state, NOW, THEREFORE,
   50  Be It Enacted by the Legislature of the State of Florida:
   52         Section 1. Subsection (25) of section 553.79, Florida
   53  Statutes, is amended to read:
   54         553.79 Permits; applications; issuance; inspections.—
   55         (25)(a) A local law, ordinance, or regulation may not
   56  prohibit or otherwise restrict the ability of a private property
   57  owner from obtaining to obtain a building permit to demolish his
   58  or her single-family residential structure located in a coastal
   59  high-hazard area, moderate flood zone, or special flood hazard
   60  area according to a Flood Insurance Rate Map issued by the
   61  Federal Emergency Management Agency for the purpose of
   62  participating in the National Flood Insurance Program if the
   63  lowest finished floor elevation of such structure is at or below
   64  base flood elevation as established by the Florida Building Code
   65  or a higher base flood elevation as may be required by local
   66  ordinance, whichever is higher, provided that such permit
   67  otherwise complies with all applicable Florida Building Code,
   68  Florida Fire Prevention Code, and Life Safety Code requirements,
   69  or local amendments thereto.
   70         (b) An application for a demolition permit sought under
   71  this subsection may only be reviewed administratively for
   72  compliance with the Florida Building Code, the Florida Fire
   73  Prevention Code, and the Life Safety Code, or local amendments
   74  thereto, and any regulations applicable to a similarly situated
   75  parcel. Applications may not be subject to any additional local
   76  land development regulations or public hearings. A local
   77  government may not penalize a private property owner for a
   78  demolition that is in compliance with the demolition permit.
   79         (c) If a single-family residential structure is demolished
   80  pursuant to a demolition permit, a local government may not
   81  impose additional regulatory or building requirements on the new
   82  single-family residential structure constructed on the site of
   83  the demolished structure which would not otherwise be applicable
   84  to a similarly situated vacant parcel.
   85         (d)1. Except as provided in subparagraph 2., this
   86  subsection does not apply to any of the following:
   87         a.1. A structure designated on the National Register of
   88  Historic Places.
   89         b.2. A privately owned single-family residential structure
   90  designated historic by a local, state, or federal governmental
   91  agency on or before January 1, 2022.
   92         c.3. A privately owned single-family residential structure
   93  designated historic after January 1, 2022, by a local, state, or
   94  federal governmental agency with the consent of its owner.
   95         2.This subsection applies to the structures identified in
   96  subparagraph 1. if the structure is a nonconforming structure
   97  located in a coastal high-hazard area which fails to meet
   98  Federal Emergency Management Agency standards for new
   99  construction or if the structure is determined to be unsafe by
  100  the local building official or is ordered to be demolished by a
  101  local government with proper jurisdiction. However, a local law,
  102  ordinance, or regulation may prohibit or otherwise restrict the
  103  demolition of such a structure if the enforcement agency or
  104  local building official determines that demolition of the
  105  structure is a threat to public safety.
  106         Section 2. Section 553.8991, Florida Statutes, is created
  107  to read:
  108         553.8991Resiliency and Safe Structures Act.—
  109         (1)SHORT TITLE.—This section may be cited as the
  110  “Resiliency and Safe Structures Act.”
  111         (2)DEFINITIONS.—As used in this section, the term:
  112         (a)“Nonconforming structure” means a structure located in
  113  a coastal high-hazard area according to a Flood Insurance Rate
  114  Map issued by the Federal Emergency Management Agency (FEMA)
  115  which does not conform to the requirements for new construction
  116  issued by the National Flood Insurance Program. The term
  117  includes any structure listed on the National Register of
  118  Historic Places or the State Inventory of Historic Places if it
  119  is located in a coastal high-hazard area.
  120         (b)“Replacement structure” means a new development that
  121  occurs on a property where a nonconforming structure in a
  122  coastal high-hazard area was located or where a structure has
  123  been ordered to be demolished, has been demolished, or has been
  124  deemed unsafe by the local building official.
  125         (3)QUALIFYING STRUCTURES AND BUILDINGS.—This section
  126  applies to all of the following structures:
  127         (a)Nonconforming structures in coastal high-hazard areas
  128  which fail to meet FEMA standards for new construction.
  129         (b)Any structure determined to be unsafe by a local
  130  building official.
  131         (c)Any structure ordered to be demolished by a local
  132  government that has proper jurisdiction.
  134  government may not prohibit, restrict, or prevent the demolition
  135  of any structure identified in subsection (3) for any reason,
  136  other than public safety.
  138  government may not impose or enforce any limitation or condition
  139  on the approval of a replacement structure that replaces a
  140  structure identified in subsection (3), including a requirement
  141  for replication of the demolished structure, a limitation on the
  142  size or height of the replacement structure, or the maintenance
  143  of any of the demolished structure’s elements. Owners or
  144  developers of replacement structures are entitled to enjoy all
  145  land use, zoning, and other land development rights, whether
  146  established by law, ordinance, rule, regulation, policy,
  147  development order, or any other act, without regard to a local
  148  government restriction that may restrict development of a
  149  replacement structure at the subject property as a result of a
  150  local government order, a designation, a code enforcement
  151  proceeding, or an ordinance.
  152         (6)APPLICATION.—This section applies prospectively and
  153  retroactively to any law adopted contrary to this section and
  154  its intent.
  155         (7)PREEMPTION.—A municipality, county, special district,
  156  or political subdivision may not adopt or apply a law, an
  157  ordinance, a rule, a regulation, a policy, a resolution, or any
  158  other act that in any way limits the demolition of structures
  159  and buildings identified in subsection (3) or limits the
  160  development of a replacement structure in a way that would
  161  divest property owners or developers of land use, zoning, or
  162  other land development rights for demolishing a structure in
  163  accordance with this section. All laws, ordinances, rules,
  164  regulations, policies, resolutions, and other acts of a
  165  municipality, county, special district, or political subdivision
  166  to the contrary are void.
  167         Section 3. This act shall take effect upon becoming a law.