Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1346
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             04/28/2023 11:52 AM       .                                

       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 10,000 or less according to the most recent
   46  decennial census.
   47         5.A structure located in a municipality within which there
   48  are at least three buildings that were originally erected more
   49  than 200 years ago.
   51  government may not prohibit, restrict, or prevent the demolition
   52  of any structure identified in subsection (3) for any reason
   53  other than public safety. A local government may review an
   54  application for a demolition permit sought pursuant to this
   55  section only administratively for compliance with the Florida
   56  Building Code, the Florida Fire Prevention Code, and the Life
   57  Safety Code, or local amendments thereto, and any regulation
   58  applicable to a similarly situated parcel. The local government
   59  may not subject an application to additional local land
   60  development regulations or public hearings.
   62  government shall authorize replacement structures to be
   63  developed to the maximum height and overall building size
   64  authorized by local development regulations. A local government
   65  may not do any of the following:
   66         (a)Limit, for any reason, the development potential of
   67  replacement structures below the maximum allowed by local
   68  development regulations.
   69         (b)Require replication of a demolished structure.
   70         (c)Require the preservation of any elements of a
   71  demolished structure.
   72         (d)Impose additional regulatory or building requirements
   73  on replacement structures which would not otherwise be
   74  applicable to a similarly situated vacant parcel.
   75         (e)Impose additional public hearings or administrative
   76  processes on replacement structures which would not otherwise be
   77  applicable to a similarly situated vacant parcel.
   78         (6)DEVELOPMENT APPLICATIONS.—Development applications
   79  submitted for replacement structures must be processed in
   80  accordance with the process outlined in local land development
   81  regulations, including any required public hearings before the
   82  local historic board. However, a local government may not impose
   83  additional public hearings or administrative processes that
   84  would not otherwise be applicable to a similarly situated vacant
   85  parcel.
   86         (7)APPLICATION AND CONSTRUCTION.—This section applies
   87  prospectively and retroactively to any law adopted contrary to
   88  this section or its intent, and must be liberally construed to
   89  effectuate its intent. Nothing in this section applies to or
   90  affects s. 553.79(25).
   91         (8)PREEMPTION.—A local government may not adopt or enforce
   92  a law that in any way limits the demolition of a structure
   93  identified in subsection (3) or that limits the development of a
   94  replacement structure in violation of subsection (5). A local
   95  government may not penalize an owner or a developer of a
   96  replacement structure for a demolition pursuant to this section
   97  or otherwise enact laws that defeat the intent of this section.
   98  Any local government law contrary to this section is void.
   99         Section 2. This act shall take effect upon becoming a law.
  101  ================= T I T L E  A M E N D M E N T ================
  102  And the title is amended as follows:
  103         Delete everything before the enacting clause
  104  and insert:
  105                        A bill to be entitled                      
  106         An act relating to local regulation of nonconforming
  107         or unsafe structures; creating s. 553.8991, F.S.;
  108         providing a short title; defining terms; providing
  109         applicability; prohibiting local governments from
  110         prohibiting, restricting, or preventing the demolition
  111         of certain structures unless necessary for public
  112         safety; authorizing local governments to review
  113         demolition permit applications only for a specified
  114         purpose; requiring that replacement structures be
  115         authorized to be developed in accordance with
  116         applicable development regulations; prohibiting local
  117         governments from taking certain actions regarding
  118         replacement structures; providing requirements for the
  119         processing of development applications; providing for
  120         retroactive application; providing applicability and
  121         construction; preempting regulation of the demolition
  122         or replacement of certain structures to the state
  123         under certain circumstances; providing an effective
  124         date.