FL
Florida House Bill H1317

Florida 2023 Regular Session

Florida House Bill H1317 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to local regulation of nonconforming 2
1616 or unsafe structures; creating s. 553.8991, F.S.; 3
1717 providing a short title; defining terms; providing 4
1818 applicability; prohibiting local governments from 5
1919 prohibiting, restricting, or preventing the demolition 6
2020 of certain structures unless necessary for public 7
21-safety; prohibiting local governments from imposing 8
22-additional local land development regulations or 9
23-public hearings on permit applicants; authorizing a 10
24-local government to administratively review an 11
25-application for a demolition permit only for a 12
26-specified purpose; requiring a local government to 13
27-authorize replacement structures to be developed in 14
28-accordance with certain regulations; prohibiting local 15
29-governments from taking certain actions regarding 16
30-replacement structures; requiring development 17
31-applications to be processed in a specified manner; 18
32-providing for retroactive application; providing 19
33-construction; preempting regulation of the demolition 20
34-or development of certain structures to the state 21
35-under certain circumstances; prohibiting a local 22
36-government from penalizing an owner or a developer 23
37-actions taken under this act; providing an effective 24
38-date. 25
21+safety; requiring replacement structures to be 8
22+permitted to be developed in accordance with 9
23+applicable zoning codes and ordinances; providing an 10
24+exception; providing that owners and developers of 11
25+replacement structures are permitted to develop in 12
26+accordance with all land use, zoning, and other land 13
27+development rights; providing for retroactive 14
28+application; preempting regulation of the demolition 15
29+or replacement of certain structures to the state 16
30+under certain circumstances; providing an effective 17
31+date. 18
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33+ WHEREAS, it is of paramount importance to replace older, 20
34+unsafe, or nonconforming structures that ar e a threat to life 21
35+and safety with new, resilient buildings built to contemporary 22
36+building codes and standards, and 23
37+ WHEREAS, nonconforming structures within coastal high -24
38+hazard areas and structures ordered to be demolished or deemed 25
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4747 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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51- 26
52-Be It Enacted by the Legislature of the State of Florida: 27
53- 28
54- Section 1. Section 553.8991, Florida Statutes, is created 29
55-to read: 30
56- 553.8991 Resiliency and Safe Structures Act. — 31
57- (1) SHORT TITLE.—This section may be cited as the 32
58-"Resiliency and Safe Stru ctures Act." 33
59- (2) DEFINITIONS.—As used in this section, the term: 34
60- (a) "Coastline" means the line of ordinary low water along 35
61-that portion of the coast which is in direct contact with the 36
62-open sea and the line marking the seaward limit of inland waters 37
63-as defined in the Submerged Lands Act, 43 U.S.C. s. 1301. 38
64- (b) "Law" means any statute, ordinance, rule, regulation, 39
65-policy, resolution, code enforcement order, agreement, or other 40
66-governmental act. 41
67- (c) "Local government" means a municipality, county, 42
68-special district, or any other political subdivision of the 43
69-state. 44
70- (d) "Nonconforming structure" means a structure that does 45
71-not conform to the base flood elevation requirements for new 46
72-construction issued by the National Flood Insurance Program. 47
73- (e) "Replacement structure" means a new structure built on 48
74-a property where a structure was demolished or will be 49
75-demolished in accordance with this section. 50
51+unsafe by local buildi ng officials pose an increased risk of 26
52+collapse, may affect the integrity or stability of neighboring 27
53+buildings or structures, and may cause injury to persons or 28
54+property, and 29
55+ WHEREAS, local governmental laws, procedures, and policies 30
56+that prohibit or lim it the demolition of nonconforming or unsafe 31
57+structures or limit the construction of new resilient structures 32
58+pose a threat to life and public safety, and 33
59+ WHEREAS, on properties where there is a nonconforming 34
60+structure within a coastal high -hazard area, a structure that 35
61+has been deemed unsafe by a local building official, or a 36
62+structure that is subject to a demolition order, such structure 37
63+must be authorized to be demolished and any replacement 38
64+structure authorized which allows owners or developers to enjo y 39
65+all land use and development rights that would apply to the 40
66+property without regard to any local restrictions that may 41
67+restrict future development at the subject property as a result 42
68+of the local building official's order or demolition, and 43
69+ WHEREAS, to make the application and enforcement of this 44
70+act uniform throughout this state, the Legislature intends to 45
71+preempt the regulation of the demolition of certain structures 46
72+and buildings to the state, NOW, THEREFORE, 47
73+ 48
74+Be It Enacted by the Legislature of the State of Florida: 49
75+ 50
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8484 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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88- (3) QUALIFYING STRUCTURES AND BUILDINGS. —This section 51
89-applies to all of the following structures, unles s the structure 52
90-is individually listed in the National Register of Historic 53
91-Places or is a single -family home: 54
92- (a) Nonconforming structures located within one -half mile 55
93-of the coastline which are also located in zones V, VE, AO, or 56
94-AE, as identified in t he Flood Insurance Rate Map issued by the 57
95-Federal Emergency Management Agency. 58
96- (b) Any structure determined to be unsafe by a local 59
97-building official. 60
98- (c) Any structure ordered to be demolished by a local 61
99-government that has proper jurisdiction. 62
100- (4) RESTRICTIONS ON DEMOLITION PROHIBITED. —A local 63
101-government may not prohibit, restrict, or prevent the demolition 64
102-of any structure identified in subsection (3) for any reason 65
103-other than public safety. A local government may only 66
104-administratively review an application for a demolition permit 67
105-sought under this section for compliance with the Florida 68
106-Building Code, the Florida Fire Prevention Code, and the Life 69
107-Safety Code, or local amendments thereto, and any regulation 70
108-applicable to a similarly situated p arcel. The local government 71
109-may not impose additional local land development regulations or 72
110-public hearings on an applicant for a permit under this section. 73
111- (5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED. —A local 74
112-government shall authorize replacement stru ctures to be 75
88+ Section 1. Section 553.8991, Florida Statutes, is created 51
89+to read: 52
90+ 553.8991 Resiliency and Safe Structures Act. — 53
91+ (1) SHORT TITLE.—This section may be cited as the 54
92+"Resiliency and Safe Structures Act." 55
93+ (2) DEFINITIONS.—As used in this section, the term: 56
94+ (a) "Nonconforming structure" means a structure located in 57
95+a coastal high-hazard area according to a Flood Insurance Rate 58
96+Map issued by the Federal Emergency Management Agency (FEMA) 59
97+which does not conform to the requirements f or new construction 60
98+issued by the National Flood Insurance Program. 61
99+ (b) "Replacement structure" means a new structure built on 62
100+a property where a structure was demolished or will be 63
101+demolished in accordance with this section. 64
102+ (3) QUALIFYING STRUCTURES AND BUILDINGS.—This section 65
103+applies to all of the following structures, unless the structure 66
104+is individually listed in the National Register of Historic 67
105+Places or is a single -family home: 68
106+ (a) Nonconforming structures in coastal high -hazard areas 69
107+which fail to meet FEMA standards for new construction. 70
108+ (b) Any structure determined to be unsafe by a local 71
109+building official. 72
110+ (c) Any structure ordered to be demolished by a local 73
111+government that has proper jurisdiction. 74
112+ (4) RESTRICTIONS ON DEMOLITION PR OHIBITED.—A local 75
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121121 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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125-developed to the maximum height and overall building size 76
126-authorized by local development regulations. A local government 77
127-may not do any of the following: 78
128- (a) Limit, for any reason, the development potential of 79
129-replacement structures below t he maximum development potential 80
130-allowed by local development regulations. 81
131- (b) Require replication of a demolished structure. 82
132- (c) Require the preservation of any elements of a 83
133-demolished structure. 84
134- (d) Impose additional regulatory or building require ments 85
135-on replacement structures which would not otherwise be 86
136-applicable to a similarly situated vacant parcel. 87
137- (e) Impose additional public hearings or administrative 88
138-processes that would not otherwise be applicable to a similarly 89
139-situated vacant parcel. 90
140- (6) DEVELOPMENT APPLICATIONS. —Development applications 91
141-submitted for replacement structures must be processed in 92
142-accordance with the process outlined in local land development 93
143-regulations including any required public hearings in front of 94
144-the local historic board. However, a local government may not 95
145-impose additional public hearings or administrative processes 96
146-that would not otherwise be applicable to a similarly situated 97
147-vacant parcel. 98
148- (7) APPLICATION AND CONSTRUCTION. —This section applies 99
149-prospectively and retroactively to any law adopted contrary to 100
125+government may not prohibit, restrict, or prevent the demolition 76
126+of any structure identified in subsection (3) for any reason, 77
127+other than public safety. 78
128+ (5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED. —A 79
129+replacement structure must be permi tted to be developed in 80
130+accordance with all applicable zoning codes and ordinances, 81
131+provided that the zoning codes and ordinances do not in any way 82
132+penalize or restrict development rights due or related to the 83
133+demolition of any structure in accordance with this section, 84
134+including a requirement for replication of the demolished 85
135+structure, a limitation on the size or height of the replacement 86
136+structure, or the maintenance of any of the elements of the 87
137+demolished structure. Owners or developers of replacement 88
138+structures are permitted to develop in accordance with all land 89
139+use, zoning, and other land development rights, whether 90
140+established by law, ordinance, rule, regulation, policy, 91
141+development order, or any other act, without regard to any local 92
142+government restrictions or penalties resulting from the 93
143+demolition of any structure identified in subsection (3) that 94
144+may restrict development of a replacement structure as a result 95
145+of a local government order, a designation, a code enforcement 96
146+proceeding, or an ordinan ce. 97
147+ (6) APPLICATION.—This section applies prospectively and 98
148+retroactively to any law adopted contrary to this section and 99
149+its intent. 100
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158158 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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162-this section or its intent and must be liberally construed to 101
163-effectuate its intent. This section does not apply to or affect 102
164-s. 553.79(25). 103
165- (8) PREEMPTION.—A local government may not adopt or 104
166-enforce a law that in any way limits the demolition of a 105
167-structure identified in subsection (3) or that limits the 106
168-development of a replacement structure in violation of 107
169-subsection (5). A local government may not penalize an owner or 108
170-a developer of a replacement st ructure for a demolition pursuant 109
171-to this section or otherwise enact laws that defeat the intent 110
172-of this section. Any local government law contrary to this 111
173-section is void. 112
162+ (7) PREEMPTION.—A municipality, county, special district, 101
163+or political subdivision may not adopt or apply a law, an 102
164+ordinance, a rule, a regulation, a policy, a resolution, or any 103
165+other act that in any way limits the demolition of any 104
166+structures and buildings identified in subsection (3) or limits 105
167+the development of any replacement structure in a way that would 106
168+divest property owners or developers of land use, zoning, or 107
169+other land development rights for the demolition of any 108
170+structure in accordance with this section. All laws, ordinances, 109
171+rules, regulations, policies, resolutions, and other acts of a 110
172+municipality, county, special district, or political subdivision 111
173+to the contrary are void. 112
174174 Section 2. This act shall take effect upon becoming a law. 113