HB 1317 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to local regulation of nonconforming 2
or unsafe structures; amending s. 553.79, F.S.; 3
authorizing private property owners to obtain building 4
permits to demolish certain historic structures under 5
certain circumstances; providing an exception; 6
creating s. 553.8991, F.S.; providing a short title; 7
defining terms; providing applicability; prohibiting 8
local governments from prohibiting, restricting, or 9
preventing the demolition of certain structures unless 10
necessary for public safety; prohibiting local 11
governments from imposing limitations or conditions on 12
certain replacement structures; providing that owners 13
and developers of such structures are enti tled to 14
certain land use and development rights; providing for 15
retroactive application; preempting regulation of the 16
demolition or replacement of certain structures to the 17
state under certain circumstances; providing an 18
effective date. 19
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WHEREAS, it is of paramount importance to replace older, 21
unsafe, or nonconforming structures that are a threat to life 22
and safety with new, resilient buildings built to contemporary 23
building codes and standards, and 24
WHEREAS, nonconforming structures within coastal high -25
HB 1317 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
hazard areas and structures ordered to be demolished or deemed 26
unsafe by local building officials pose an increased risk of 27
collapse, may affect the integrity or stability of neighboring 28
buildings or structures, and may cause injury to persons or 29
property, and 30
WHEREAS, local governmental laws, procedures, and policies 31
that prohibit or limit the demolition of nonconforming or unsafe 32
structures or limit the construction of new resilient structures 33
pose a threat to life and public safety, and 34
WHEREAS, on properties where there is a nonconforming 35
structure within a coastal high -hazard area, a structure that 36
has been deemed unsafe by a local building official, or a 37
structure that is subject to a demolition order, such structure 38
must be authorized to be demolis hed and any replacement 39
structure authorized which allows owners or developers to enjoy 40
all land use and development rights that would apply to the 41
property without regard to any local restrictions that may 42
restrict future development at the subject proper ty as a result 43
of the local building official's order or demolition, and 44
WHEREAS, to make the application and enforcement of this 45
act uniform throughout this state, the Legislature intends to 46
preempt the regulation of the demolition of certain structures 47
and buildings to the state, NOW, THEREFORE, 48
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Be It Enacted by the Legislature of the State of Florida: 50
HB 1317 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Section 1. Subsection (25) of section 553.79, Florida 52
Statutes, is amended to read: 53
553.79 Permits; applications; issuance; inspections. — 54
(25)(a) A local law, ordinance, or regulation may not 55
prohibit or otherwise restrict the ability of a private property 56
owner from obtaining to obtain a building permit to demolish his 57
or her single-family residential structure located in a coastal 58
high-hazard area, moderate flood zone, or special flood hazard 59
area according to a Flood Insurance Rate Map issued by the 60
Federal Emergency Management Agency for the purpose of 61
participating in the National Flood Insurance Program if the 62
lowest finished floor elevatio n of such structure is at or below 63
base flood elevation as established by the Florida Building Code 64
or a higher base flood elevation as may be required by local 65
ordinance, whichever is higher, provided that such permit 66
otherwise complies with all applicabl e Florida Building Code, 67
Florida Fire Prevention Code, and Life Safety Code requirements, 68
or local amendments thereto. 69
(b) An application for a demolition permit sought under 70
this subsection may only be reviewed administratively for 71
compliance with the F lorida Building Code, the Florida Fire 72
Prevention Code, and the Life Safety Code, or local amendments 73
thereto, and any regulations applicable to a similarly situated 74
parcel. Applications may not be subject to any additional local 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
land development regulatio ns or public hearings. A local 76
government may not penalize a private property owner for a 77
demolition that is in compliance with the demolition permit. 78
(c) If a single-family residential structure is demolished 79
pursuant to a demolition permit, a local gov ernment may not 80
impose additional regulatory or building requirements on the new 81
single-family residential structure constructed on the site of 82
the demolished structure which would not otherwise be applicable 83
to a similarly situated vacant parcel. 84
(d)1. Except as provided in subparagraph 2., this 85
subsection does not apply to any of the following: 86
a.1. A structure designated on the National Register of 87
Historic Places. 88
b.2. A privately owned single -family residential structure 89
designated historic by a local, state, or federal governmental 90
agency on or before January 1, 2022. 91
c.3. A privately owned single -family residential structure 92
designated historic after January 1, 20 22, by a local, state, or 93
federal governmental agency with the consent of its owner. 94
2. This subsection applies to the structures identified in 95
subparagraph 1. if the structure is a nonconforming structure 96
located in a coastal high -hazard area which fail s to meet 97
Federal Emergency Management Agency standards for new 98
construction or if the structure is determined to be unsafe by 99
the local building official or is ordered to be demolished by a 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
local government with proper jurisdiction. However, a local law, 101
ordinance, or regulation may prohibit or otherwise restrict the 102
demolition of such a structure if the enforcement agency or 103
local building official determines that demolition of the 104
structure is a threat to public safety. 105
Section 2. Section 553.8991, F lorida Statutes, is created 106
to read: 107
553.8991 Resiliency and Safe Structures Act. — 108
(1) SHORT TITLE.—This section may be cited as the 109
"Resiliency and Safe Structures Act." 110
(2) DEFINITIONS.—As used in this section, the term: 111
(a) "Nonconforming struct ure" means a structure located in 112
a coastal high-hazard area according to a Flood Insurance Rate 113
Map issued by the Federal Emergency Management Agency (FEMA) 114
which does not conform to the requirements for new construction 115
issued by the National Flood Insur ance Program. The term 116
includes any structure listed on the National Register of 117
Historic Places or the State Inventory of Historic Places if it 118
is located in a coastal high -hazard area. 119
(b) "Replacement structure" means a new development that 120
occurs on a property where a nonconforming structure in a 121
coastal high-hazard area was located or where a structure has 122
been ordered to be demolished, has been demolished, or has been 123
deemed unsafe by the local building official. 124
(3) QUALIFYING STRUCTURES AND BUIL DINGS.—This section 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applies to all of the following structures: 126
(a) Nonconforming structures in coastal high -hazard areas 127
which fail to meet FEMA standards for new construction. 128
(b) Any structure determined to be unsafe by a local 129
building official. 130
(c) Any structure ordered to be demolished by a local 131
government that has proper jurisdiction. 132
(4) RESTRICTIONS ON DEMOLITION PROHIBITED. —A local 133
government may not prohibit, restrict, or prevent the demolition 134
of any structure identified in subsection ( 3) for any reason, 135
other than public safety. 136
(5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED. —A local 137
government may not impose or enforce any limitation or condition 138
on the approval of a replacement structure that replaces a 139
structure identified in subsect ion (3), including a requirement 140
for replication of the demolished structure, a limitation on the 141
size or height of the replacement structure, or the maintenance 142
of any of the demolished structure's elements. Owners or 143
developers of replacement structures are entitled to enjoy all 144
land use, zoning, and other land development rights, whether 145
established by law, ordinance, rule, regulation, policy, 146
development order, or any other act, without regard to a local 147
government restriction that may restrict developm ent of a 148
replacement structure at the subject property as a result of a 149
local government order, a designation, a code enforcement 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
proceeding, or an ordinance. 151
(6) APPLICATION.—This section applies prospectively and 152
retroactively to any law adopted contra ry to this section and 153
its intent. 154
(7) PREEMPTION.—A municipality, county, special district, 155
or political subdivision may not adopt or apply a law, an 156
ordinance, a rule, a regulation, a policy, a resolution, or any 157
other act that in any way limits the de molition of structures 158
and buildings identified in subsection (3) or limits the 159
development of a replacement structure in a way that would 160
divest property owners or developers of land use, zoning, or 161
other land development rights for demolishing a structur e in 162
accordance with this section. All laws, ordinances, rules, 163
regulations, policies, resolutions, and other acts of a 164
municipality, county, special district, or political subdivision 165
to the contrary are void. 166
Section 3. This act shall take effect upon becoming a law. 167