Florida Senate - 2023 CS for SB 1346 By the Committee on Community Affairs; and Senator Avila 578-02927-23 20231346c1 1 A bill to be entitled 2 An act relating to local regulation of nonconforming 3 or unsafe structures; creating s. 553.8991, F.S.; 4 providing a short title; defining terms; providing 5 applicability; prohibiting local governments from 6 prohibiting, restricting, or preventing the demolition 7 of certain structures unless necessary for public 8 safety; requiring that replacement structures be 9 permitted to be developed in accordance with 10 applicable zoning codes and ordinances; providing an 11 exception; authorizing owners and developers of 12 replacement structures to develop in accordance with 13 all land use, zoning, and other land development 14 rights; providing for retroactive application; 15 preempting regulation of the demolition or replacement 16 of certain structures to the state under certain 17 circumstances; providing an effective date. 18 19 WHEREAS, it is of paramount importance to replace older, 20 unsafe, or nonconforming structures that are a threat to life 21 and safety with new, resilient buildings built to contemporary 22 building codes and standards, and 23 WHEREAS, nonconforming structures within coastal high 24 hazard areas and structures ordered to be demolished or deemed 25 unsafe by local building officials pose an increased risk of 26 collapse, may affect the integrity or stability of neighboring 27 buildings or structures, and may cause injury to persons or 28 property, and 29 WHEREAS, local governmental laws, procedures, and policies 30 that prohibit or limit the demolition of nonconforming or unsafe 31 structures or limit the construction of new resilient structures 32 pose a threat to life and public safety, and 33 WHEREAS, on properties where there is a nonconforming 34 structure within a coastal high-hazard area, whether the 35 structure is deemed unsafe by a local building official or is 36 subject to a demolition order, such structure must be demolished 37 and any replacement structure authorized, which will allow 38 owners or developers to enjoy all land use and development 39 rights that would apply to the property without regard to any 40 local restrictions that may restrict future development at the 41 subject property as a result of the local building official’s 42 order or demolition, and 43 WHEREAS, to make the application and enforcement of this 44 act uniform throughout this state, the Legislature intends to 45 preempt the regulation of the demolition of certain structures 46 and buildings to the state, NOW, THEREFORE, 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1. Section 553.8991, Florida Statutes, is created 51 to read: 52 553.8991 Resiliency and Safe Structures Act.— 53 (1) SHORT TITLE.—This section may be cited as the 54 “Resiliency and Safe Structures Act.” 55 (2) DEFINITIONS.—As used in this section, the term: 56 (a) “Nonconforming structure” means a structure located in 57 a coastal high-hazard area according to a Flood Insurance Rate 58 Map issued by the Federal Emergency Management Agency (FEMA) 59 which does not conform to the requirements for new construction 60 issued by the National Flood Insurance Program. 61 (b) “Replacement structure” means a new structure built on 62 a property where a structure was demolished or will be 63 demolished in accordance with this section. 64 (3) QUALIFYING STRUCTURES AND BUILDINGS.—This section 65 applies to all of the following structures, unless the structure 66 is individually listed in the National Register of Historic 67 Places or is a single-family home: 68 (a) Nonconforming structures in coastal high-hazard areas 69 which fail to meet FEMA standards for new construction. 70 (b) Any structure determined to be unsafe by a local 71 building official. 72 (c) Any structure ordered to be demolished by a local 73 government that has proper jurisdiction. 74 (4) RESTRICTIONS ON DEMOLITION PROHIBITED.—A local 75 government may not prohibit, restrict, or prevent the demolition 76 of any structure identified in subsection (3) for any reason, 77 other than public safety. 78 (5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED.—A replacement 79 structure must be permitted to be developed in accordance with 80 all applicable zoning codes and ordinances, provided that the 81 zoning codes and ordinances do not in any way penalize or 82 restrict development rights due to, or related to, the 83 demolition of any structure in accordance with this section, 84 including a requirement for replication of the demolished 85 structure, a limitation on the size or height of the replacement 86 structure, or the maintenance of any of the elements of the 87 demolished structure. Owners or developers of replacement 88 structures may develop in accordance with all land use, zoning, 89 and other land development rights, whether established by law, 90 ordinance, rule, regulation, policy, development order, or any 91 other act, without regard to any local government restrictions 92 or penalties resulting from the demolition of any structure 93 identified in subsection (3) which may restrict development of a 94 replacement structure as a result of a local government order, a 95 designation, a code enforcement proceeding, or an ordinance. 96 (6) APPLICATION.—This section applies prospectively and 97 retroactively to any law adopted contrary to this section and 98 its intent. 99 (7) PREEMPTION.—A municipality, county, special district, 100 or political subdivision may not adopt or apply a law, an 101 ordinance, a rule, a regulation, a policy, a resolution, or any 102 other act that in any way limits the demolition of any 103 structures and buildings identified in subsection (3) or that 104 limits the development of any replacement structure in a way 105 that would divest property owners or developers of land use, 106 zoning, or other land development rights for the demolition of 107 any structure in accordance with this section. All laws, 108 ordinances, rules, regulations, policies, resolutions, and other 109 acts of a municipality, county, special district, or political 110 subdivision to the contrary are void. 111 Section 2. This act shall take effect upon becoming a law.