CS for CS for CS for SB 1346                     First Engrossed
    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         authorized to be developed in accordance with
   12         applicable development regulations; prohibiting local
   13         governments from taking certain actions regarding
   14         replacement structures; providing requirements for the
   15         processing of development applications; providing for
   16         retroactive application; providing applicability and
   17         construction; preempting regulation of the demolition
   18         or replacement of certain structures to the state
   19         under certain circumstances; providing an effective
   20         date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 553.8991, Florida Statutes, is created
   25  to read:
   26         553.8991 Resiliency and Safe Structures Act.—
   27         (1) SHORT TITLE.—This section may be cited as the
   28  “Resiliency and Safe Structures Act.”
   29         (2) DEFINITIONS.—As used in this section, the term:
   30         (a)“Coastal construction control line” means the boundary
   31  established pursuant to s. 161.053.
   32         (b)“Law” means any statute, ordinance, rule, regulation,
   33  policy, resolution, code enforcement order, agreement, or other
   34  governmental act.
   35         (c)“Local government” means a municipality, county,
   36  special district, or any other political subdivision of the
   37  state.
   38         (d) “Nonconforming structure” means a structure that does
   39  not conform to the base flood elevation requirements for new
   40  construction issued by the National Flood Insurance Program.
   41         (e) “Replacement structure” means a new structure built on
   42  a property where a structure was demolished or will be
   43  demolished in accordance with this section.
   45         (a)This section applies to all of the following
   46  structures:
   47         1. Nonconforming structures on properties that are, or have
   48  a portion that is, seaward of the coastal construction control
   49  line and that are also within zones V, VE, AO, or AE, as
   50  identified in the Flood Insurance Rate Map issued by the Federal
   51  Emergency Management Agency.
   52         2. Any structure determined to be unsafe by a local
   53  building official.
   54         3.Any structure ordered to be demolished by a local
   55  government that has proper jurisdiction.
   56         (b)This section does not apply to any of the following
   57  structures:
   58         1.A structure individually listed on the National Register
   59  of Historic Places.
   60         2.A single-family home.
   61         3.A structure located within an area of critical state
   62  concern designated pursuant to s. 380.05.
   63         4.A structure located within a municipality that has a
   64  total population of 10,000 or less according to the most recent
   65  decennial census.
   66         5.A structure located in a municipality within which there
   67  are at least three buildings that were originally erected more
   68  than 200 years ago.
   70  government may not prohibit, restrict, or prevent the demolition
   71  of any structure identified in subsection (3) for any reason
   72  other than public safety. A local government may review an
   73  application for a demolition permit sought pursuant to this
   74  section only administratively for compliance with the Florida
   75  Building Code, the Florida Fire Prevention Code, and the Life
   76  Safety Code, or local amendments thereto, and any regulation
   77  applicable to a similarly situated parcel. The local government
   78  may not subject an application to additional local land
   79  development regulations or public hearings.
   81  government shall authorize replacement structures to be
   82  developed to the maximum height and overall building size
   83  authorized by local development regulations. A local government
   84  may not do any of the following:
   85         (a)Limit, for any reason, the development potential of
   86  replacement structures below the maximum allowed by local
   87  development regulations.
   88         (b)Require replication of a demolished structure.
   89         (c)Require the preservation of any elements of a
   90  demolished structure.
   91         (d)Impose additional regulatory or building requirements
   92  on replacement structures which would not otherwise be
   93  applicable to a similarly situated vacant parcel.
   94         (e)Impose additional public hearings or administrative
   95  processes on replacement structures which would not otherwise be
   96  applicable to a similarly situated vacant parcel.
   97         (6)DEVELOPMENT APPLICATIONS.—Development applications
   98  submitted for replacement structures must be processed in
   99  accordance with the process outlined in local land development
  100  regulations, including any required public hearings before the
  101  local historic board. However, a local government may not impose
  102  additional public hearings or administrative processes that
  103  would not otherwise be applicable to a similarly situated vacant
  104  parcel.
  105         (7)APPLICATION AND CONSTRUCTION.—This section applies
  106  prospectively and retroactively to any law adopted contrary to
  107  this section or its intent, and must be liberally construed to
  108  effectuate its intent. Nothing in this section applies to or
  109  affects s. 553.79(25).
  110         (8)PREEMPTION.—A local government may not adopt or enforce
  111  a law that in any way limits the demolition of a structure
  112  identified in subsection (3) or that limits the development of a
  113  replacement structure in violation of subsection (5). A local
  114  government may not penalize an owner or a developer of a
  115  replacement structure for a demolition pursuant to this section
  116  or otherwise enact laws that defeat the intent of this section.
  117  Any local government law contrary to this section is void.
  118         Section 2. This act shall take effect upon becoming a law.