CS/CS/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; creating s. 553.8991, F.S.; 3
providing a short title; defining terms; providing 4
applicability; prohibiting local governments from 5
prohibiting, restricting, or preventing the demolition 6
of certain structures unless necessary for public 7
safety; prohibiting local governments from imposing 8
additional local land development regulations or 9
public hearings on permit applicants; authorizing a 10
local government to administratively review an 11
application for a demolition permit only for a 12
specified purpose; requiring a local government to 13
authorize replacement structures to be developed in 14
accordance with certain regulations; prohibiting local 15
governments from taking certain actions regarding 16
replacement structures; requiring development 17
applications to be processed in a specified manner; 18
providing for retroactive application; providing 19
construction; preempting regulation of the demolition 20
or development of certain structures to the state 21
under certain circumstances; prohibiting a local 22
government from penalizing an owner or a developer 23
actions taken under this act; providing an effective 24
date. 25
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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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Be It Enacted by the Legislature of the State of Florida: 27
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Section 1. Section 553.8991, Florida Statutes, is created 29
to read: 30
553.8991 Resiliency and Safe Structures Act. — 31
(1) SHORT TITLE.—This section may be cited as the 32
"Resiliency and Safe Stru ctures Act." 33
(2) DEFINITIONS.—As used in this section, the term: 34
(a) "Coastline" means the line of ordinary low water along 35
that portion of the coast which is in direct contact with the 36
open sea and the line marking the seaward limit of inland waters 37
as defined in the Submerged Lands Act, 43 U.S.C. s. 1301. 38
(b) "Law" means any statute, ordinance, rule, regulation, 39
policy, resolution, code enforcement order, agreement, or other 40
governmental act. 41
(c) "Local government" means a municipality, county, 42
special district, or any other political subdivision of the 43
state. 44
(d) "Nonconforming structure" means a structure that does 45
not conform to the base flood elevation requirements for new 46
construction issued by the National Flood Insurance Program. 47
(e) "Replacement structure" means a new structure built on 48
a property where a structure was demolished or will be 49
demolished in accordance with this section. 50
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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
(3) QUALIFYING STRUCTURES AND BUILDINGS. —This section 51
applies to all of the following structures, unles s the structure 52
is individually listed in the National Register of Historic 53
Places or is a single -family home: 54
(a) Nonconforming structures located within one -half mile 55
of the coastline which are also located in zones V, VE, AO, or 56
AE, as identified in t he Flood Insurance Rate Map issued by the 57
Federal Emergency Management Agency. 58
(b) Any structure determined to be unsafe by a local 59
building official. 60
(c) Any structure ordered to be demolished by a local 61
government that has proper jurisdiction. 62
(4) RESTRICTIONS ON DEMOLITION PROHIBITED. —A local 63
government may not prohibit, restrict, or prevent the demolition 64
of any structure identified in subsection (3) for any reason 65
other than public safety. A local government may only 66
administratively review an application for a demolition permit 67
sought under this section for compliance with the Florida 68
Building Code, the Florida Fire Prevention Code, and the Life 69
Safety Code, or local amendments thereto, and any regulation 70
applicable to a similarly situated p arcel. The local government 71
may not impose additional local land development regulations or 72
public hearings on an applicant for a permit under this section. 73
(5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED. —A local 74
government shall authorize replacement stru ctures to be 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
developed to the maximum height and overall building size 76
authorized by local development regulations. A local government 77
may not do any of the following: 78
(a) Limit, for any reason, the development potential of 79
replacement structures below t he maximum development potential 80
allowed by local development regulations. 81
(b) Require replication of a demolished structure. 82
(c) Require the preservation of any elements of a 83
demolished structure. 84
(d) Impose additional regulatory or building require ments 85
on replacement structures which would not otherwise be 86
applicable to a similarly situated vacant parcel. 87
(e) Impose additional public hearings or administrative 88
processes that would not otherwise be applicable to a similarly 89
situated vacant parcel. 90
(6) DEVELOPMENT APPLICATIONS. —Development applications 91
submitted for replacement structures must be processed in 92
accordance with the process outlined in local land development 93
regulations including any required public hearings in front of 94
the local historic board. However, a local government may not 95
impose additional public hearings or administrative processes 96
that would not otherwise be applicable to a similarly situated 97
vacant parcel. 98
(7) APPLICATION AND CONSTRUCTION. —This section applies 99
prospectively and retroactively to any law adopted contrary to 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
this section or its intent and must be liberally construed to 101
effectuate its intent. This section does not apply to or affect 102
s. 553.79(25). 103
(8) PREEMPTION.—A local government may not adopt or 104
enforce a law that in any way limits the demolition of a 105
structure identified in subsection (3) or that limits the 106
development of a replacement structure in violation of 107
subsection (5). A local government may not penalize an owner or 108
a developer of a replacement st ructure for a demolition pursuant 109
to this section or otherwise enact laws that defeat the intent 110
of this section. Any local government law contrary to this 111
section is void. 112
Section 2. This act shall take effect upon becoming a law. 113