This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1317.RRS
DATE: 3/14/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1317 Local Regulation of Nonconforming or Unsafe Structures
SPONSOR(S): Roach
TIED BILLS: IDEN./SIM. BILLS: SB 1346
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
Wright Anstead
2) Local Administration, Federal Affairs & Special
Districts Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Florida Building Codes Act provides that a local law, ordinance, or regulation may not prohibit or otherwise
restrict the ability of a private property owner to obtain a building permit to demolish his or her single-family
residential structure, unless such structure is a:
Structure designated on the National Register of Historic Places;
Privately owned single-family residential structure designated historic by a local, state, or federal
governmental agency on or before January 1, 2022; or
Privately owned single-family residential structure designated historic after January 1, 2022, by a local,
state, or federal governmental agency with the consent of its owner.
The bill provides that any local law, ordinance, or regulation may not prohibit or otherwise restrict the ability of
a private property owner to obtain a building permit to demolish such designated historic structures if:
Such structure is a nonconforming structure located in a coastal high-hazard area which fails to
meet Federal Emergency Management Agency (FEMA) standards for new construction,
The structure is determined to be unsafe by the local building official, or
The structure is ordered to be demolished by the local government.
The bill creates the “Resiliency and Safe Structures Act,” which provides that:
“Nonconforming structure" means a structure located in a coastal high-hazard area according to a
Flood Insurance Rate Map issued by the Federal Emergency Management Agency which does not
conform to the requirements for new construction issued by the National Flood Insurance Program.
A local government may not prohibit, restrict, or prevent the demolition of any nonconforming
structures, any structure determined to be unsafe by a local building official, or any structure ordered to
be demolished by a local government for any reason other than public safety.
A local government may not impose or enforce any limitation or condition on the approval of a
replacement structure including a requirement for replication of the demolished structure, a limitation on
the size or height of the replacement structure, or the maintenance of any of the demolished structure's
elements.
A local government may not in any way limit the demolition of structures and buildings to which the act
is applicable or limit the development of a replacement structure in a way that would divest property
owners or developers of land use, zoning, or other land development rights for demolishing a structure
in accordance with the bill.
The bill has an indeterminate fiscal impact on local governments and does not appear to have a fiscal impact
on the state. See Fiscal Comments
The bill provides an effective date of upon becoming law. STORAGE NAME: h1317.RRS PAGE: 2
DATE: 3/14/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code. In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not
work and a study was commissioned to make recommendations. In 1998, the Legislature adopted the
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002.
1
The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.
2
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (FBCA). The Act provides a
mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state
building code. The Building Code must be applied, administered, and enforced uniformly and
consistently from jurisdiction to jurisdiction.
3
A local enforcement agency is an agency of local government with jurisdiction to make inspections of
buildings and to enforce the Building Code.
4
Building code administrators are regulated by the Building Code Administrators and Inspectors Board
(BCAIB) within DBPR.
5
A building code administrator, also known as a building official, is a local
government employee or a person contracted by a local government who supervises Building Code
activities, including plans review, enforcement, and inspection.
6
Demolition Permits
It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
building without first obtaining a building permit from the local government or from such persons as
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
as set forth in a schedule of fees adopted by the enforcing agency.
7
The FBCA provides that a local law, ordinance, or regulation may not prohibit or otherwise restrict the
ability of a private property owner to obtain a building permit to demolish his or her single-family
residential structure provided that:
8
Such structure Is located in a coastal high-hazard area, moderate flood zone, or special flood
hazard area according to a Flood Insurance Rate Map issued by the Federal Emergency
Management Agency (FEMA) for the purpose of participating in the National Flood Insurance
Program;
The lowest finished floor elevation of such structure is at or below base flood elevation as
established by the Building Code or a higher base flood elevation as may be required by local
ordinance, whichever is higher; and
1
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/2006_Legislature_Rpt_rev2.pdf (last visited Mar. 14, 2023).
2
Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Mar. 14, 2023).
3
See s. 553.72(1), F.S.
4
S. 553.71(5), F.S.
5
See Ss. 120.569, 120.57(1)-(2), 468.605, 468.606, and 468.621, F.S.
6
S. 468.603(2), F.S.
7
S. 553.79(1), F.S.
8
S. 553.79(25)(a), F.S. STORAGE NAME: h1317.RRS PAGE: 3
DATE: 3/14/2023
Such permit complies with all applicable Building Code, Fire Prevention Code, and local
amendments to such codes.
An application for a demolition permit for such single-family structure may only be reviewed
administratively for compliance with the Building Code, Fire Prevention Code, local amendments to
such codes, and any regulations applicable to a similarly situated parcel. Such applications may not be
subject to any additional local land development regulations or public hearings.
9
A local government may not penalize a private property owner for a demolition that is in compliance
with the demolition permit.
10
If a single-family residential structure is demolished pursuant to a demolition permit, a local government
may not impose additional regulatory or building requirements on the new single-family residential
structure constructed on the site of the demolished structure that would not otherwise be applicable to a
similarly situated vacant parcel.
11
However, a local law, ordinance, or regulation may restrict demolition permits for a (designated historic
structure):
12
Structure designated on the National Register of Historic Places;
13
Privately owned single-family residential structure designated historic by a local, state, or
federal governmental agency on or before January 1, 2022; or
Privately owned single-family residential structure designated historic after January 1, 2022, by
a local, state, or federal governmental agency with the consent of its owner.
FEMA Flood Insurance Rate Map, Coastal High Hazard Area
In order to support the National Flood Insurance Program (NFIP), FEMA identifies, publishes, and
periodically updates flood hazard data nationwide. This data is provided to communities in the form of a
Flood Insurance Rate Map and Flood Insurance Study report, typically prepared in a countywide
format.
14
Along the coast, the flood map has delineated coastal Special Flood Hazard Areas (SFHA), where the
source of flooding is from coastal hazards, such as storm surge and waves. FEMA scientists and
engineers work with other federal, state, regional, community, tribal, nonprofit, non-governmental and
private-sector partners to determine flood hazards along the U.S. coastline.
15
Flood maps along the coasts show areas at high risk of flooding within the coastal SFHA. The coastal
SFHA has three flood hazard zones: Zones VE (which are unique to coastal areas), AE and AO. Zone
VE, also known as a Coastal High Hazard Area, is where wave action and fast-moving water can cause
extensive damage during a base flood event.
16
New Construction Requirements in Coastal Flood Hazard Zones
9
S. 553.79(25)(b), F.S.
10
Id.
11
S. 553.79(25)(c), F.S.
12
S. 553.79(25)(d), F.S.
13
The National Register of Historic Places is the federal government’s official list of historic places in the United States. The National
Historic Preservation Act of 1966 authorized the register, which is administered by the National Park Service. In order to be listed on
the register the owner of the property must not object. National Park Service, What is the National Register of Historic Places,
https://www.nps.gov/subjects/nationalregister/what-is-the-national-register.htm (last visited Mar. 13, 2023); National Park Service,
How to List a Property, https://www.nps.gov/subjects/nationalregister/how-to-list-a-property.htm (last visited Mar. 13, 2023).
14
FEMA, Adoption of Flood Insurance Rate Maps by Participating Communities, FEMA 495 January 2019,
https://www.fema.gov/sites/default/files/2020-07/fema_adoption-flood-insurance-rate-maps-participating-communities_bulletin.pdf
(last visited Mar. 13, 2023).
15
FEMA, Features of Flood Insurance Rate Maps in Coastal Areas, https://www.fema.gov/flood-maps/coastal/insurance-rate-maps
(last visited Mar. 13, 2023).
16
Id. STORAGE NAME: h1317.RRS PAGE: 4
DATE: 3/14/2023
When a community is taking part of the NFIP, FEMA places requirements on any new construction built
in flood hazard areas. Generally, new construction in flood-prone areas must be:
17
Designed and adequately anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
Constructed with materials resistant to flood damage;
Constructed by methods and practices that minimize flood damages; and
Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
Specific conditions for new construction in coastal flood hazard zones include requiring all new
construction to:
18
Be located landward of the reach of mean high tide;
Be elevated on pilings and columns so that the bottom of the lowest horizontal structural
member of the lowest floor (excluding the pilings or columns) is elevated to or above the base
flood level;
Be elevated on pilings and columns so that the pile or column foundation and structure attached
thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind
and water loads acting simultaneously on all building components; and
Have the space below the lowest floor either free of obstruction or constructed with non-
supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other structural damage
to the elevated portion of the building or supporting foundation system.
o Such space may be used only for parking of vehicles, building access, or storage.
Permits for Property with a Historic Designation
Some local governments in Florida have adopted land development regulations that determine certain
older single-family buildings to be historic. Some local governments have placed restrictions on
property owners from obtaining permits for the demolition of the older single- family buildings that the
local governments have deemed historic. Below are examples of such regulations:
Requiring a special demolition permit.
19
Requiring new construction on the site of the demolished structure to be subject to certain
architectural regulations, related to:
20
o The colors, pattern, and trim used in the building’s façade.
o The design of the roof.
o The proportions and relationships between doors and windows.
Proponents of these land development regulations argue that these regulations are needed to protect
Florida’s history and preserve Florida’s character and architectural style.
21
Opponents of these
regulations argue that these older homes are damaged, do not meet the Building Code’s minimum
flood elevation requirements, and can be demolished for a new home that meets the requirements of
the current Building Code.
22
Effect of the Bill
17
44 C.F.R. § 60.3(a)(3)
18
44 C.F.R. § 60.3(e)(3)-(5)
19
Sec. 54-71., Town of Palm Beach Code of Ordinances.
20
Sec. 54-122., Town of Palm Beach Code of Ordinances.
21
Miami Herald Editorial Board, Historic-home teardowns risk washing away Miami Beach’s character in a flood of cash, Miami
Herald (Jan. 11, 2022) https://www.miamiherald.com/opinion/editorials/article257198932.html (last visited Mar. 14, 2023).
22
Pedro Portal, Miami Beach older homes demolished in part because of 'flood requirements', Miami Herald (Jan. 9, 2022)
https://www.miamiherald.com/news/business/real-estate-news/article257166737.html (last visited Mar. 14, 2023); CBS Miami, Miami
Beach Waterfront Home Of Notorious Prohibition-Era Gangster Al Capone Slated For Demolition,
https://miami.cbslocal.com/video/5955888-miami-beach-waterfront-home-of-notorious-prohibition-era-gangster-al-capone-slated-for-
demolition/ (last visited Mar. 14, 2023). STORAGE NAME: h1317.RRS PAGE: 5
DATE: 3/14/2023
FBCA Provision
The bill provides that any local law, ordinance, or regulation may not prohibit or otherwise restrict the
ability of a private property owner to obtain a building permit to demolish a designated historic structure
if:
Such structure is a nonconforming structure located in a coastal high-hazard area which fails to
meet Federal Emergency Management Agency (FEMA) standards for new construction,
The structure is determined to be unsafe by the local building official, or
The structure is ordered to be demolished by the local government.
However, a local law, ordinance, or regulation may prohibit or otherwise restrict the demolition of such
a structure if the enforcement agency or local building official determines that demolition of the
structure is a threat to public safety.
Resiliency and Safe Structures Act
The bill creates the “Resiliency and Safe Structures Act” (act) and provides the following definitions:
"Nonconforming structure" means a structure located in a coastal high-hazard area according to
a Flood Insurance Rate Map issued by the Federal Emergency Management Agency (FEMA)
which does not conform to the requirements for new construction issued by the National Flood
Insurance Program.
o The term includes any structure listed on the National Register of Historic Places or the
State Inventory of Historic Places if it is located in a coastal high-hazard area.
"Replacement structure" means a new development that occurs on a property where a
nonconforming structure in a coastal high-hazard area was located or where a structure has
been ordered to be demolished, has been demolished, or has been deemed unsafe by the local
building official.
The bill provides that the act applies to the following structures (applicable structures):
Nonconforming structures in coastal high-hazard areas which fail to meet FEMA standards for
new construction.
Any structure determined to be unsafe by a local building official.
Any structure ordered to be demolished by a local government that has proper jurisdiction.
The bill provides that a local government may not prohibit, restrict, or prevent the demolition of any
applicable structure for any reason, other than public safety.
The bill provides that a local government may not impose or enforce any limitation or condition on the
approval of a replacement structure that replaces a demolished applicable structure, including a
requirement for replication of the demolished structure, a limitation on the size or height of the
replacement structure, or the maintenance of any of the demolished structure's elements.
Owners or developers of replacement structures are entitled to enjoy all land use, zoning, and other
land development rights without regard to a local government restriction that may restrict development
of a replacement structure as a result of a local government order, a designation, a code enforcement
proceeding, or an ordinance.
The bill provides that the act applies prospectively and retroactively to any law adopted contrary to the
bill and its intent.
The bill provides a that a municipality, county, special district, or political subdivision may not adopt or
apply a law, an ordinance, a rule, a regulation, a policy, a resolution, or any other act that in any way
limits the demolition of structures and buildings to which the act is applicable or limits the development
of a replacement structure in a way that would divest property owners or developers of land use,
zoning, or other land development rights for demolishing a structure in accordance with the bill. All STORAGE NAME: h1317.RRS PAGE: 6
DATE: 3/14/2023
laws, ordinances, rules, regulations, policies, resolutions, and other acts of a municipality, county,
special district, or political subdivision to the contrary are void.
The bill provides an effective date of upon becoming law.
B. SECTION DIRECTORY:
Section 1: Amends s. 553.79, F.S.; relating to demolition of nonconforming structures.
Section 1: Creates s. 553.8991, F.S.; relating to demolition of nonconforming structures.
Section 1: Providing an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
There may be an increase in demolition permits, which may create an increase in permit revenue.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow more structures to be demolished and new structures to be built in their places,
which would increase development.
D. FISCAL COMMENTS:
Local governments may have to expend funds to process a possible increase in demolition permits.
The amount local governments will have to spend, if any, is indeterminate. However, local governments
are permitted by state law to collect fees to cover the cost of their expenses to enforce the Building
Code, which includes reviewing building permit applications.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY: STORAGE NAME: h1317.RRS PAGE: 7
DATE: 3/14/2023
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES