Florida Senate - 2023                                     SB 570
       
       
        
       By Senator Powell
       
       
       
       
       
       24-00818-23                                            2023570__
    1                        A bill to be entitled                      
    2         An act relating to building permits; amending s.
    3         553.79, F.S.; exempting certain local governments from
    4         provisions relating to prohibiting or restricting
    5         private property owners from obtaining certain
    6         building permits; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (d) of subsection (25) of section
   11  553.79, Florida Statutes, is amended, and paragraphs (a), (b),
   12  and (c) of that subsection are republished, to read:
   13         553.79 Permits; applications; issuance; inspections.—
   14         (25)(a) A local law, ordinance, or regulation may not
   15  prohibit or otherwise restrict the ability of a private property
   16  owner to obtain a building permit to demolish his or her single
   17  family residential structure located in a coastal high-hazard
   18  area, moderate flood zone, or special flood hazard area
   19  according to a Flood Insurance Rate Map issued by the Federal
   20  Emergency Management Agency for the purpose of participating in
   21  the National Flood Insurance Program if the lowest finished
   22  floor elevation of such structure is at or below base flood
   23  elevation as established by the Florida Building Code or a
   24  higher base flood elevation as may be required by local
   25  ordinance, whichever is higher, provided that such permit
   26  otherwise complies with all applicable Florida Building Code,
   27  Florida Fire Prevention Code, and Life Safety Code requirements,
   28  or local amendments thereto.
   29         (b) An application for a demolition permit sought under
   30  this subsection may only be reviewed administratively for
   31  compliance with the Florida Building Code, the Florida Fire
   32  Prevention Code, and the Life Safety Code, or local amendments
   33  thereto, and any regulations applicable to a similarly situated
   34  parcel. Applications may not be subject to any additional local
   35  land development regulations or public hearings. A local
   36  government may not penalize a private property owner for a
   37  demolition that is in compliance with the demolition permit.
   38         (c) If a single-family residential structure is demolished
   39  pursuant to a demolition permit, a local government may not
   40  impose additional regulatory or building requirements on the new
   41  single-family residential structure constructed on the site of
   42  the demolished structure which would not otherwise be applicable
   43  to a similarly situated vacant parcel.
   44         (d) This subsection does not apply to any of the following:
   45         1. A structure designated on the National Register of
   46  Historic Places.
   47         2. A privately owned single-family residential structure
   48  designated historic by a local, state, or federal governmental
   49  agency on or before January 1, 2022.
   50         3. A privately owned single-family residential structure
   51  designated historic after January 1, 2022, by a local, state, or
   52  federal governmental agency with the consent of its owner.
   53         4. Local governments that are certified by and in good
   54  standing with the Certified Local Government Program under the
   55  Division of Historical Resources of the Department of State.
   56         Section 2. This act shall take effect July 1, 2023.