Florida Senate - 2023 CS for CS for CS for SB 1346 By the Committees on Rules; Environment and Natural Resources; and Community Affairs; and Senator Avila 595-04053-23 20231346c3 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. 19 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 that are within one-half 25 mile of the coast and that are also within a coastal special 26 flood hazard area and structures that are ordered to be 27 demolished or that are deemed unsafe by local building officials 28 pose an increased risk of collapse, may affect the integrity or 29 stability of neighboring buildings or structures, and may cause 30 injury to persons or 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 34 structures pose a threat to life and public safety, and 35 WHEREAS, nonconforming structures that are within one-half 36 mile of the coast and that are also within a coastal special 37 flood hazard area, regardless of whether the structures are 38 deemed unsafe by a local building official or are subject to a 39 demolition order, must be permitted to be demolished and to have 40 replacement structures authorized, allowing owners or developers 41 to enjoy all land use and development rights that would apply to 42 the property without regard to any local restrictions that may 43 restrict future development as a result of the 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, 48 49 Be It Enacted by the Legislature of the State of Florida: 50 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 which are also within zones V, VE, AO, or AE, 75 as identified on the Flood Insurance Rate Map issued by the 76 Federal 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. 81 (4) RESTRICTIONS ON DEMOLITION PROHIBITED.—A local 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. 92 (5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED.—A local 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) Require the preservation of any element of a demolished 102 structure. 103 (d) Impose additional regulatory or building requirements 104 on a replacement structure which would not otherwise be 105 applicable to a similarly situated vacant parcel. 106 (6) APPLICATION AND CONSTRUCTION.—This section applies 107 prospectively and retroactively to any law adopted contrary to 108 this section or its intent and must be liberally construed to 109 effectuate its intent. This section does not apply to or affect 110 s. 553.79(25). 111 (7) PREEMPTION.—A local government may not adopt or enforce 112 a law that in any way limits the demolition of a structure 113 identified in subsection (3) or that limits the development of a 114 replacement structure in violation of subsection (5). A local 115 government may not penalize an owner or a developer of a 116 replacement structure for a demolition pursuant to this section 117 or otherwise enact laws that defeat the intent of this section. 118 Any local government law contrary to this section is void. 119 Section 2. This act shall take effect upon becoming a law.