Bill Text: FL S1346 | 2023 | Regular Session | Engrossed
Bill Title: Local Regulation of Nonconforming or Unsafe Structures
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Failed) 2023-05-05 - Died in Messages [S1346 Detail]
Download: Florida-2023-S1346-Engrossed.html
CS for CS for CS for SB 1346 First Engrossed
20231346e1
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.
21
22 WHEREAS, it is of paramount importance to replace older,
23 unsafe, or nonconforming structures that are a threat to life
24 and safety with new, resilient buildings built to contemporary
25 building codes and standards, and
26 WHEREAS, nonconforming structures that are within one-half
27 mile of the coast and that are also within a coastal special
28 flood hazard area and structures that are ordered to be
29 demolished or that are deemed unsafe by local building officials
30 pose an increased risk of collapse, may affect the integrity or
31 stability of neighboring buildings or structures, and may cause
32 injury to persons or property, and
33 WHEREAS, local governmental laws, procedures, and policies
34 that prohibit or limit the demolition of nonconforming or unsafe
35 structures or limit the construction of new, resilient
36 structures pose a threat to life and public safety, and
37 WHEREAS, nonconforming structures that are within one-half
38 mile of the coast and that are also within a coastal special
39 flood hazard area, regardless of whether the structures are
40 deemed unsafe by a local building official or are subject to a
41 demolition order, must be permitted to be demolished and to have
42 replacement structures authorized, allowing owners or developers
43 to enjoy all land use and development rights that would apply to
44 the property without regard to any local restrictions that may
45 restrict future development as a result of the demolition, and
46 WHEREAS, to make the application and enforcement of this
47 act uniform throughout this state, the Legislature intends to
48 preempt the regulation of the demolition of certain structures
49 and buildings to the state, NOW, THEREFORE,
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Section 553.8991, Florida Statutes, is created
54 to read:
55 553.8991 Resiliency and Safe Structures Act.—
56 (1) SHORT TITLE.—This section may be cited as the
57 “Resiliency and Safe Structures Act.”
58 (2) DEFINITIONS.—As used in this section, the term:
59 (a) “Coastal construction control line” means the boundary
60 established pursuant to s. 161.053.
61 (b) “Law” means any statute, ordinance, rule, regulation,
62 policy, resolution, code enforcement order, agreement, or other
63 governmental act.
64 (c) “Local government” means a municipality, county,
65 special district, or any other political subdivision of the
66 state.
67 (d) “Nonconforming structure” means a structure that does
68 not conform to the base flood elevation requirements for new
69 construction issued by the National Flood Insurance Program.
70 (e) “Replacement structure” means a new structure built on
71 a property where a structure was demolished or will be
72 demolished in accordance with this section.
73 (3) QUALIFYING STRUCTURES AND BUILDINGS.—
74 (a) This section applies to all of the following
75 structures:
76 1. Nonconforming structures on properties that are, or have
77 a portion that is, seaward of the coastal construction control
78 line and that are also within zones V, VE, AO, or AE, as
79 identified in the Flood Insurance Rate Map issued by the Federal
80 Emergency Management Agency.
81 2. Any structure determined to be unsafe by a local
82 building official.
83 3. Any structure ordered to be demolished by a local
84 government that has proper jurisdiction.
85 (b) This section does not apply to any of the following
86 structures:
87 1. A structure individually listed on the National Register
88 of Historic Places.
89 2. A single-family home.
90 3. A structure located within an area of critical state
91 concern designated pursuant to s. 380.05.
92 4. A structure located within a municipality that has a
93 total population of 10,000 or less according to the most recent
94 decennial census.
95 5. A structure located in a municipality within which there
96 are at least three buildings that were originally erected more
97 than 200 years ago.
98 (4) RESTRICTIONS ON DEMOLITION PROHIBITED.—A local
99 government may not prohibit, restrict, or prevent the demolition
100 of any structure identified in subsection (3) for any reason
101 other than public safety. A local government may review an
102 application for a demolition permit sought pursuant to this
103 section only administratively for compliance with the Florida
104 Building Code, the Florida Fire Prevention Code, and the Life
105 Safety Code, or local amendments thereto, and any regulation
106 applicable to a similarly situated parcel. The local government
107 may not subject an application to additional local land
108 development regulations or public hearings.
109 (5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED.—A local
110 government shall authorize replacement structures to be
111 developed to the maximum height and overall building size
112 authorized by local development regulations. A local government
113 may not do any of the following:
114 (a) Limit, for any reason, the development potential of
115 replacement structures below the maximum allowed by local
116 development regulations.
117 (b) Require replication of a demolished structure.
118 (c) Require the preservation of any elements of a
119 demolished structure.
120 (d) Impose additional regulatory or building requirements
121 on replacement structures which would not otherwise be
122 applicable to a similarly situated vacant parcel.
123 (e) Impose additional public hearings or administrative
124 processes on replacement structures which would not otherwise be
125 applicable to a similarly situated vacant parcel.
126 (6) DEVELOPMENT APPLICATIONS.—Development applications
127 submitted for replacement structures must be processed in
128 accordance with the process outlined in local land development
129 regulations, including any required public hearings before the
130 local historic board. However, a local government may not impose
131 additional public hearings or administrative processes that
132 would not otherwise be applicable to a similarly situated vacant
133 parcel.
134 (7) APPLICATION AND CONSTRUCTION.—This section applies
135 prospectively and retroactively to any law adopted contrary to
136 this section or its intent, and must be liberally construed to
137 effectuate its intent. Nothing in this section applies to or
138 affects s. 553.79(25).
139 (8) PREEMPTION.—A local government may not adopt or enforce
140 a law that in any way limits the demolition of a structure
141 identified in subsection (3) or that limits the development of a
142 replacement structure in violation of subsection (5). A local
143 government may not penalize an owner or a developer of a
144 replacement structure for a demolition pursuant to this section
145 or otherwise enact laws that defeat the intent of this section.
146 Any local government law contrary to this section is void.
147 Section 2. This act shall take effect upon becoming a law.
