Florida Senate - 2023                      CS for CS for SB 1346
       By the Committees on Environment and Natural Resources; and
       Community Affairs; and Senator Avila
       592-03511-23                                          20231346c2
    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; authorizing local governments to review
    9         demolition permit applications only for a specified
   10         purpose; requiring that replacement structures be
   11         permitted to be developed in accordance with
   12         applicable development regulations; prohibiting local
   13         governments from taking certain actions regarding
   14         replacement structures; providing for retroactive
   15         application; providing applicability and construction;
   16         preempting regulation of the demolition or replacement
   17         of certain structures to the state under certain
   18         circumstances; providing an effective date.
   20         WHEREAS, it is of paramount importance to replace older,
   21  unsafe, or nonconforming structures that are a threat to life
   22  and safety with new, resilient buildings built to contemporary
   23  building codes and standards, and
   24         WHEREAS, nonconforming structures within coastal high
   25  hazard areas and structures that are ordered to be demolished or
   26  that are deemed unsafe by local building officials pose an
   27  increased risk of collapse, may affect the integrity or
   28  stability of neighboring buildings or structures, and may cause
   29  injury to persons or property, and
   30         WHEREAS, local governmental laws, procedures, and policies
   31  that prohibit or limit the demolition of nonconforming or unsafe
   32  structures or limit the construction of new, resilient
   33  structures pose a threat to life and public safety, and
   34         WHEREAS, on properties where there is a nonconforming
   35  structure within a coastal high-hazard area, regardless of
   36  whether the structure is deemed unsafe by a local building
   37  official or is subject to a demolition order, such structure
   38  must be demolished and any replacement structure authorized,
   39  which will allow owners or developers to enjoy all land use and
   40  development rights that would apply to the property without
   41  regard to any local restrictions that may restrict future
   42  development at the subject property as a result of the local
   43  building official’s order of demolition, and
   44         WHEREAS, to make the application and enforcement of this
   45  act uniform throughout this state, the Legislature intends to
   46  preempt the regulation of the demolition of certain structures
   47  and buildings to the state, NOW, THEREFORE,
   49  Be It Enacted by the Legislature of the State of Florida:
   51         Section 1. Section 553.8991, Florida Statutes, is created
   52  to read:
   53         553.8991 Resiliency and Safe Structures Act.—
   54         (1) SHORT TITLE.—This section may be cited as the
   55  “Resiliency and Safe Structures Act.”
   56         (2) DEFINITIONS.—As used in this section, the term:
   57         (a)“Law” means any statute, ordinance, rule, regulation,
   58  policy, resolution, code enforcement order, agreement, or other
   59  governmental act.
   60         (b)“Local government” means a municipality, county,
   61  special district, or any other political subdivision of the
   62  state.
   63         (c) “Nonconforming structure” means a structure that does
   64  not conform to the requirements for new construction issued by
   65  the National Flood Insurance Program.
   66         (d) “Replacement structure” means a new structure built on
   67  a property where a structure was demolished or will be
   68  demolished in accordance with this section.
   69         (3) QUALIFYING STRUCTURES AND BUILDINGS.—This section
   70  applies to all of the following structures, unless the structure
   71  is individually listed in the National Register of Historic
   72  Places or is a single-family home:
   73         (a) Nonconforming structures located within one-half mile
   74  of the coastline and within zones V, VE, AO, or AE, as
   75  identified in the Flood Insurance Rate Map issued by the Federal
   76  Emergency Management Agency.
   77         (b) Any structure determined to be unsafe by a local
   78  building official.
   79         (c) Any structure ordered to be demolished by a local
   80  government that has proper jurisdiction.
   82  government may not prohibit, restrict, or prevent the demolition
   83  of any structure identified in subsection (3) for any reason
   84  other than public safety. A local government may review an
   85  application for a demolition permit sought pursuant to this
   86  section only administratively for compliance with the Florida
   87  Building Code, the Florida Fire Prevention Code, and the Life
   88  Safety Code, or local amendments thereto, and any regulation
   89  applicable to a similarly situated parcel. The local government
   90  may not subject an application to additional local land
   91  development regulations or public hearings.
   93  government shall authorize replacement structures to be
   94  developed to the maximum height and overall building size
   95  authorized by local development regulations. A local government
   96  may not do any of the following:
   97         (a)Limit, for any reason, the development potential of
   98  replacement structures below the maximum allowed by local
   99  development regulations.
  100         (b)Require replication of a demolished structure.
  101         (c)Limit the size or height of a replacement structure.
  102         (d)Require maintenance of any element of a demolished
  103  structure.
  104         (e)If a structure is demolished pursuant to this section,
  105  impose additional regulatory or building requirements on a
  106  replacement structure which would not otherwise be applicable to
  107  a similarly situated vacant parcel.
  108         (6) APPLICATION AND CONSTRUCTION.—This section applies
  109  prospectively and retroactively to any law adopted contrary to
  110  this section or its intent, except that this section does not
  111  apply to s. 553.79(25). This section must be liberally construed
  112  to effectuate its intent.
  113         (7) PREEMPTION.—A local government may not adopt or enforce
  114  a law that in any way limits the demolition of a structure
  115  identified in subsection (3) or that limits the development of a
  116  replacement structure in violation of subsection (5). A local
  117  government may not penalize an owner or a developer of a
  118  replacement structure for a demolition pursuant to this section
  119  or otherwise enact laws that defeat the intent of this section.
  120  Any local government law contrary to this section is void.
  121         Section 2. This act shall take effect upon becoming a law.