Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1526
Ì568282:Î568282
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/30/2024 .
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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.