Florida Senate - 2023                             CS for SB 1346
       By the Committee on Community Affairs; and Senator Avila
       578-02927-23                                          20231346c1
    1                        A bill to be entitled                      
    2         An act relating to local regulation of nonconforming
    3         or unsafe structures; creating s. 553.8991, F.S.;
    4         providing a short title; defining terms; providing
    5         applicability; prohibiting local governments from
    6         prohibiting, restricting, or preventing the demolition
    7         of certain structures unless necessary for public
    8         safety; requiring that replacement structures be
    9         permitted to be developed in accordance with
   10         applicable zoning codes and ordinances; providing an
   11         exception; authorizing owners and developers of
   12         replacement structures to develop in accordance with
   13         all land use, zoning, and other land development
   14         rights; providing for retroactive application;
   15         preempting regulation of the demolition or replacement
   16         of certain structures to the state under certain
   17         circumstances; providing an effective date.
   19         WHEREAS, it is of paramount importance to replace older,
   20  unsafe, or nonconforming structures that are a threat to life
   21  and safety with new, resilient buildings built to contemporary
   22  building codes and standards, and
   23         WHEREAS, nonconforming structures within coastal high
   24  hazard areas and structures ordered to be demolished or deemed
   25  unsafe by local building officials pose an increased risk of
   26  collapse, may affect the integrity or stability of neighboring
   27  buildings or structures, and may cause injury to persons or
   28  property, and
   29         WHEREAS, local governmental laws, procedures, and policies
   30  that prohibit or limit the demolition of nonconforming or unsafe
   31  structures or limit the construction of new resilient structures
   32  pose a threat to life and public safety, and
   33         WHEREAS, on properties where there is a nonconforming
   34  structure within a coastal high-hazard area, whether the
   35  structure is deemed unsafe by a local building official or is
   36  subject to a demolition order, such structure must be demolished
   37  and any replacement structure authorized, which will allow
   38  owners or developers to enjoy all land use and development
   39  rights that would apply to the property without regard to any
   40  local restrictions that may restrict future development at the
   41  subject property as a result of the local building official’s
   42  order or demolition, and
   43         WHEREAS, to make the application and enforcement of this
   44  act uniform throughout this state, the Legislature intends to
   45  preempt the regulation of the demolition of certain structures
   46  and buildings to the state, NOW, THEREFORE,
   48  Be It Enacted by the Legislature of the State of Florida:
   50         Section 1. Section 553.8991, Florida Statutes, is created
   51  to read:
   52         553.8991Resiliency and Safe Structures Act.—
   53         (1)SHORT TITLE.—This section may be cited as the
   54  “Resiliency and Safe Structures Act.”
   55         (2)DEFINITIONS.—As used in this section, the term:
   56         (a)“Nonconforming structure” means a structure located in
   57  a coastal high-hazard area according to a Flood Insurance Rate
   58  Map issued by the Federal Emergency Management Agency (FEMA)
   59  which does not conform to the requirements for new construction
   60  issued by the National Flood Insurance Program.
   61         (b)“Replacement structure” means a new structure built on
   62  a property where a structure was demolished or will be
   63  demolished in accordance with this section.
   64         (3)QUALIFYING STRUCTURES AND BUILDINGS.—This section
   65  applies to all of the following structures, unless the structure
   66  is individually listed in the National Register of Historic
   67  Places or is a single-family home:
   68         (a)Nonconforming structures in coastal high-hazard areas
   69  which fail to meet FEMA standards for new construction.
   70         (b)Any structure determined to be unsafe by a local
   71  building official.
   72         (c)Any structure ordered to be demolished by a local
   73  government that has proper jurisdiction.
   75  government may not prohibit, restrict, or prevent the demolition
   76  of any structure identified in subsection (3) for any reason,
   77  other than public safety.
   79  structure must be permitted to be developed in accordance with
   80  all applicable zoning codes and ordinances, provided that the
   81  zoning codes and ordinances do not in any way penalize or
   82  restrict development rights due to, or related to, the
   83  demolition of any structure in accordance with this section,
   84  including a requirement for replication of the demolished
   85  structure, a limitation on the size or height of the replacement
   86  structure, or the maintenance of any of the elements of the
   87  demolished structure. Owners or developers of replacement
   88  structures may develop in accordance with all land use, zoning,
   89  and other land development rights, whether established by law,
   90  ordinance, rule, regulation, policy, development order, or any
   91  other act, without regard to any local government restrictions
   92  or penalties resulting from the demolition of any structure
   93  identified in subsection (3) which may restrict development of a
   94  replacement structure as a result of a local government order, a
   95  designation, a code enforcement proceeding, or an ordinance.
   96         (6)APPLICATION.—This section applies prospectively and
   97  retroactively to any law adopted contrary to this section and
   98  its intent.
   99         (7)PREEMPTION.—A municipality, county, special district,
  100  or political subdivision may not adopt or apply a law, an
  101  ordinance, a rule, a regulation, a policy, a resolution, or any
  102  other act that in any way limits the demolition of any
  103  structures and buildings identified in subsection (3) or that
  104  limits the development of any replacement structure in a way
  105  that would divest property owners or developers of land use,
  106  zoning, or other land development rights for the demolition of
  107  any structure in accordance with this section. All laws,
  108  ordinances, rules, regulations, policies, resolutions, and other
  109  acts of a municipality, county, special district, or political
  110  subdivision to the contrary are void.
  111         Section 2. This act shall take effect upon becoming a law.