Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1346
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             04/27/2023 05:58 PM       .                                

       Senator Avila moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 553.8991, Florida Statutes, is created
    6  to read:
    7         553.8991 Resiliency and Safe Structures Act.—
    8         (1) SHORT TITLE.—This section may be cited as the
    9  “Resiliency and Safe Structures Act.”
   10         (2) DEFINITIONS.—As used in this section, the term:
   11         (a)“Coastal construction control line” means the boundary
   12  established pursuant to s. 161.053.
   13         (b)“Law” means any statute, ordinance, rule, regulation,
   14  policy, resolution, code enforcement order, agreement, or other
   15  governmental act.
   16         (c)“Local government” means a municipality, county,
   17  special district, or any other political subdivision of the
   18  state.
   19         (d) “Nonconforming structure” means a structure that does
   20  not conform to the base flood elevation requirements for new
   21  construction issued by the National Flood Insurance Program.
   22         (e) “Replacement structure” means a new structure built on
   23  a property where a structure was demolished or will be
   24  demolished in accordance with this section.
   26         (a)This section applies to all of the following
   27  structures:
   28         1. Nonconforming structures on properties that are, or have
   29  a portion that is, seaward of the coastal construction control
   30  line and that are also within zones V, VE, AO, or AE, as
   31  identified in the Flood Insurance Rate Map issued by the Federal
   32  Emergency Management Agency.
   33         2. Any structure determined to be unsafe by a local
   34  building official.
   35         3.Any structure ordered to be demolished by a local
   36  government that has proper jurisdiction.
   37         (b)This section does not apply to any of the following
   38  structures:
   39         1.A structure individually listed on the National Register
   40  of Historic Places.
   41         2.A single-family home.
   42         3.A structure located within an area of critical state
   43  concern designated pursuant to s. 380.05.
   44         4.A structure located within a municipality that has a
   45  total population of less than 10,000 as of the United States
   46  Decennial Census of 2020, released August and September 2021.
   47         5.A structure located in a municipality within which there
   48  are at least three buildings that were in existence on February
   49  22, 1821, the date of final ratification of the Adams-Onis
   50  Treaty, which ceded Florida to the United States.
   52  government may not prohibit, restrict, or prevent the demolition
   53  of any structure identified in subsection (3) for any reason
   54  other than public safety. A local government may review an
   55  application for a demolition permit sought pursuant to this
   56  section only administratively for compliance with the Florida
   57  Building Code, the Florida Fire Prevention Code, and the Life
   58  Safety Code, or local amendments thereto, and any regulation
   59  applicable to a similarly situated parcel. The local government
   60  may not subject an application to additional local land
   61  development regulations or public hearings.
   63  government shall authorize replacement structures to be
   64  developed to the maximum height and overall building size
   65  authorized by local development regulations. A local government
   66  may not do any of the following:
   67         (a)Limit, for any reason, the development potential of
   68  replacement structures below the maximum allowed by local
   69  development regulations.
   70         (b)Require replication of a demolished structure.
   71         (c)Require the preservation of any elements of a
   72  demolished structure.
   73         (d)Impose additional regulatory or building requirements
   74  on replacement structures which would not otherwise be
   75  applicable to a similarly situated vacant parcel.
   76         (e)Impose additional public hearings or administrative
   77  processes on replacement structures which would not otherwise be
   78  applicable to a similarly situated vacant parcel.
   79         (6)DEVELOPMENT APPLICATIONS.—Development applications
   80  submitted for replacement structures must be processed in
   81  accordance with the process outlined in local land development
   82  regulations, including any required public hearings before the
   83  local historic board. However, a local government may not impose
   84  additional public hearings or administrative processes that
   85  would not otherwise be applicable to a similarly situated vacant
   86  parcel.
   87         (7)APPLICATION AND CONSTRUCTION.—This section applies
   88  prospectively and retroactively to any law adopted contrary to
   89  this section or its intent, and must be liberally construed to
   90  effectuate its intent. Nothing in this section applies to or
   91  affects s. 553.79(25).
   92         (8)PREEMPTION.—A local government may not adopt or enforce
   93  a law that in any way limits the demolition of a structure
   94  identified in subsection (3) or that limits the development of a
   95  replacement structure in violation of subsection (5). A local
   96  government may not penalize an owner or a developer of a
   97  replacement structure for a demolition pursuant to this section
   98  or otherwise enact laws that defeat the intent of this section.
   99  Any local government law contrary to this section is void.
  100         Section 2. This act shall take effect upon becoming a law.
  102  ================= T I T L E  A M E N D M E N T ================
  103  And the title is amended as follows:
  104         Delete everything before the enacting clause
  105  and insert:
  106                        A bill to be entitled                      
  107         An act relating to local regulation of nonconforming
  108         or unsafe structures; creating s. 553.8991, F.S.;
  109         providing a short title; defining terms; providing
  110         applicability; prohibiting local governments from
  111         prohibiting, restricting, or preventing the demolition
  112         of certain structures unless necessary for public
  113         safety; authorizing local governments to review
  114         demolition permit applications only for a specified
  115         purpose; requiring that replacement structures be
  116         authorized to be developed in accordance with
  117         applicable development regulations; prohibiting local
  118         governments from taking certain actions regarding
  119         replacement structures; providing requirements for the
  120         processing of development applications; providing for
  121         retroactive application; providing applicability and
  122         construction; preempting regulation of the demolition
  123         or replacement of certain structures to the state
  124         under certain circumstances; providing an effective
  125         date.