Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1526 Ì568282:Î568282 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/30/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environment and Natural Resources (Avila) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 553.8991, Florida Statutes, is created 6 to read: 7 553.8991 Resiliency and Safe Structures Act.— 8 (1) SHORT TITLE.—This section may be cited as the 9 “Resiliency and Safe Structures Act.” 10 (2) DEFINITIONS.—As used in this section, the term: 11 (a) “Coastal construction control line” means the boundary 12 established under s. 161.053. 13 (b) “Law” means any statute, ordinance, rule, regulation, 14 policy, resolution, code enforcement order, agreement, or other 15 governmental act. 16 (c) “Local government” means a municipality, county, 17 special district, or any other political subdivision of the 18 state. 19 (d) “Nonconforming structure” means a structure or building 20 that does not conform to the base flood elevation requirements 21 for new construction issued by the National Flood Insurance 22 Program for the applicable flood zone. 23 (e) “Replacement structure” means a new structure or 24 building built on a property where a structure or building was 25 demolished or will be demolished in accordance with this 26 section. 27 (3) QUALIFYING STRUCTURES AND BUILDINGS.— 28 (a) Subject to paragraph (b), this section applies to any 29 structure or building on a property in which all or a portion of 30 such property is seaward of the coastal construction control 31 line and the structure or building is: 32 1. A nonconforming structure; 33 2. A structure or building determined to be unsafe by a 34 local building official; or 35 3. A structure or building ordered to be demolished by a 36 local government that has proper jurisdiction. 37 (b) This section does not apply to any of the following 38 structures or buildings: 39 1. A structure or building individually listed in the 40 National Register of Historic Places. 41 2. A single-family home. 42 3. A contributing structure or building within a historic 43 district which was listed in the National Register of Historic 44 Places before January 1, 2000. 45 4. A structure or building located on a barrier island in a 46 municipality with a population of less than 10,000 according to 47 the most recent decennial census and which has at least six city 48 blocks that are not located in zones V, VE, AO, or AE, as 49 identified in the Flood Insurance Rate Map issued by the Federal 50 Emergency Management Agency. 51 (4) RESTRICTIONS ON DEMOLITION PROHIBITED.—A local 52 government may not prohibit, restrict, or prevent the demolition 53 of any structure or building identified in paragraph (3)(a) for 54 any reason other than public safety. A local government may only 55 administratively review an application for a demolition permit 56 sought under this section for compliance with the Florida 57 Building Code, the Florida Fire Prevention Code, and the Life 58 Safety Code, or local amendments thereto, and any regulation 59 applicable to a similarly situated parcel. The local government 60 may not impose additional local land development regulations or 61 public hearings on an applicant for a permit under this section. 62 (5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED.—A local 63 government shall authorize replacement structures for qualifying 64 buildings identified in paragraph (3)(a) to be developed to the 65 maximum height and overall building size authorized by local 66 development regulations for a similarly situated parcel within 67 the same zoning district. A local government may not do any of 68 the following: 69 (a) Limit, for any reason, the development potential of 70 replacement structures below the maximum development potential 71 allowed by local development regulations for a similarly 72 situated parcel within the same zoning district. 73 (b) Require replication of a demolished structure. 74 (c) Require the preservation of any elements of a 75 demolished structure. 76 (d) Impose additional regulatory or building requirements 77 on replacement structures which would not otherwise be 78 applicable to a similarly situated vacant parcel located in the 79 same zoning district. 80 (e) Impose additional public hearings or administrative 81 processes that would not otherwise be applicable to a similarly 82 situated vacant parcel within the same zoning district. 83 (6) DEVELOPMENT APPLICATIONS.—Development applications 84 submitted for replacement structures for qualifying buildings 85 identified in paragraph (3)(a) must be processed in accordance 86 with the process outlined in local land development regulations 87 including any required public hearings in front of the local 88 historic board. However, a local government may not impose 89 additional public hearings or administrative processes that 90 would not otherwise be applicable to a similarly situated vacant 91 parcel within the same zoning district. 92 (7) APPLICATION AND CONSTRUCTION.—This section applies 93 retroactively to any law adopted contrary to this section or its 94 intent and must be liberally construed to effectuate its intent. 95 This section does not apply to or affect s. 553.79(26). 96 (8) PREEMPTION.—A local government may not adopt or enforce 97 a law that in any way limits the demolition of a structure 98 identified in paragraph (3)(a) or that limits the development of 99 a replacement structure in violation of subsection (5). A local 100 government may not penalize an owner or a developer of a 101 replacement structure for a demolition pursuant to this section 102 or otherwise enact laws that defeat the intent of this section. 103 Any local government law contrary to this section is void. 104 Section 2. This act shall take effect upon becoming a law. 105 106 ================= T I T L E A M E N D M E N T ================ 107 And the title is amended as follows: 108 Delete everything before the enacting clause 109 and insert: 110 A bill to be entitled 111 An act relating to local regulation of nonconforming 112 and unsafe structures; creating s. 553.8991, F.S.; 113 providing a short title; defining terms; providing 114 applicability; prohibiting local governments from 115 prohibiting, restricting, or preventing the demolition 116 of certain structures and buildings unless necessary 117 for public safety; authorizing a local government to 118 administratively review an application for a 119 demolition permit only for a specified purpose; 120 prohibiting local governments from imposing additional 121 local land development regulations or public hearings 122 on permit applicants; requiring a local government to 123 authorize replacement structures to be developed in 124 accordance with certain regulations; prohibiting local 125 governments from taking certain actions regarding 126 replacement structures; requiring development 127 applications to be processed in a specified manner; 128 providing for retroactive application; providing 129 construction; preempting regulation of the demolition 130 or development of certain structures and buildings to 131 the state under certain circumstances; prohibiting a 132 local government from penalizing an owner or a 133 developer for taking certain actions taken under this 134 act; providing an effective date.