Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 401
       
       
       
       
       
       
                                Ì7988305Î798830                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: WD/RM          .                                
             04/30/2021 09:17 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Rodriguez moved the following:
       
    1         Senate Amendment to House Amendment (707073) to Senate
    2  Amendment (with title amendment)
    3  
    4         Delete line 4
    5  and insert:
    6         Remove lines 632-728 of the amendment and insert:
    7         Section 10. Subsection (23) is added to section 553.79,
    8  Florida Statutes, to read:
    9         553.79 Permits; applications; issuance; inspections.—
   10         (23) Notwithstanding any law, regulation, or ordinance, a
   11  local government may not prohibit or otherwise restrict the
   12  ability of a property owner to obtain a building permit to
   13  demolish and replace any single-family residential dwelling
   14  located in a coastal high hazard area, moderate flood zone, or
   15  special flood hazard area according to the Federal Emergency
   16  Management Agency’s Flood Insurance Rate Map if the lowest floor
   17  elevation of the dwelling is at or below the property’s base
   18  flood elevation plus one foot pursuant to Florida Building Code
   19  or pursuant to local ordinance, whichever is higher, and all
   20  other Florida Building Code requirements are met. Demolition
   21  permits issued under this section may only be reviewed
   22  administratively for compliance with the Florida Building Code
   23  and other applicable construction regulations, and are not
   24  subject to any additional land development regulation or zoning
   25  approval that requires a public hearing before the issuance of
   26  the permit. Local governments may not impose additional
   27  regulatory requirements on the replacement single-family
   28  residential dwelling which would not otherwise be applicable to
   29  a similarly situated vacant parcel and may not penalize the
   30  owner for such demolition.
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33  And the title is amended as follows:
   34         Delete line 10
   35  and insert:
   36         made by the act; making technical changes; amending s.
   37         553.79, F.S.; providing restrictions relating to
   38         building permits to demolish and replace certain
   39         single-family dwellings; prohibiting local governments
   40         from imposing additional requirements on such
   41         dwellings; providing