Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1526
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/30/2024           .                                

       The Committee on Environment and Natural Resources (Avila)
       recommended 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         553.8991Resiliency 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 under 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 or building
   20  that does not conform to the base flood elevation requirements
   21  for new construction issued by the National Flood Insurance
   22  Program for the applicable flood zone.
   23         (e)“Replacement structure” means a new structure or
   24  building built on a property where a structure or building was
   25  demolished or will be demolished in accordance with this
   26  section.
   28         (a)Subject to paragraph (b), this section applies to any
   29  structure or building on a property in which all or a portion of
   30  such property is seaward of the coastal construction control
   31  line and the structure or building is:
   32         1.A nonconforming structure;
   33         2.A structure or building determined to be unsafe by a
   34  local building official; or
   35         3.A structure or building ordered to be demolished by a
   36  local government that has proper jurisdiction.
   37         (b)This section does not apply to any of the following
   38  structures or buildings:
   39         1.A structure or building individually listed in the
   40  National Register of Historic Places.
   41         2.A single-family home.
   42         3.A contributing structure or building within a historic
   43  district which was listed in the National Register of Historic
   44  Places before January 1, 2000.
   45         4.A structure or building located on a barrier island in a
   46  municipality with a population of less than 10,000 according to
   47  the most recent decennial census and which has at least six city
   48  blocks that are not located in zones V, VE, AO, or AE, as
   49  identified in the Flood Insurance Rate Map issued by the Federal
   50  Emergency Management Agency.
   52  government may not prohibit, restrict, or prevent the demolition
   53  of any structure or building identified in paragraph (3)(a) for
   54  any reason other than public safety. A local government may only
   55  administratively review an application for a demolition permit
   56  sought under this section 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 impose additional local land development regulations or
   61  public hearings on an applicant for a permit under this section.
   63  government shall authorize replacement structures for qualifying
   64  buildings identified in paragraph (3)(a) to be developed to the
   65  maximum height and overall building size authorized by local
   66  development regulations for a similarly situated parcel within
   67  the same zoning district. A local government may not do any of
   68  the following:
   69         (a)Limit, for any reason, the development potential of
   70  replacement structures below the maximum development potential
   71  allowed by local development regulations for a similarly
   72  situated parcel within the same zoning district.
   73         (b)Require replication of a demolished structure.
   74         (c)Require the preservation of any elements of a
   75  demolished structure.
   76         (d)Impose additional regulatory or building requirements
   77  on replacement structures which would not otherwise be
   78  applicable to a similarly situated vacant parcel located in the
   79  same zoning district.
   80         (e)Impose additional public hearings or administrative
   81  processes that would not otherwise be applicable to a similarly
   82  situated vacant parcel within the same zoning district.
   83         (6)DEVELOPMENT APPLICATIONS.—Development applications
   84  submitted for replacement structures for qualifying buildings
   85  identified in paragraph (3)(a) must be processed in accordance
   86  with the process outlined in local land development regulations
   87  including any required public hearings in front of the local
   88  historic board. However, a local government may not impose
   89  additional public hearings or administrative processes that
   90  would not otherwise be applicable to a similarly situated vacant
   91  parcel within the same zoning district.
   92         (7)APPLICATION AND CONSTRUCTION.—This section applies
   93  retroactively to any law adopted contrary to this section or its
   94  intent and must be liberally construed to effectuate its intent.
   95  This section does not apply to or affect s. 553.79(26).
   96         (8)PREEMPTION.—A local government may not adopt or enforce
   97  a law that in any way limits the demolition of a structure
   98  identified in paragraph (3)(a) or that limits the development of
   99  a replacement structure in violation of subsection (5). A local
  100  government may not penalize an owner or a developer of a
  101  replacement structure for a demolition pursuant to this section
  102  or otherwise enact laws that defeat the intent of this section.
  103  Any local government law contrary to this section is void.
  104         Section 2. This act shall take effect upon becoming a law.
  106  ================= T I T L E  A M E N D M E N T ================
  107  And the title is amended as follows:
  108         Delete everything before the enacting clause
  109  and insert:
  110                        A bill to be entitled                      
  111         An act relating to local regulation of nonconforming
  112         and unsafe structures; creating s. 553.8991, F.S.;
  113         providing a short title; defining terms; providing
  114         applicability; prohibiting local governments from
  115         prohibiting, restricting, or preventing the demolition
  116         of certain structures and buildings unless necessary
  117         for public safety; authorizing a local government to
  118         administratively review an application for a
  119         demolition permit only for a specified purpose;
  120         prohibiting local governments from imposing additional
  121         local land development regulations or public hearings
  122         on permit applicants; requiring a local government to
  123         authorize replacement structures to be developed in
  124         accordance with certain regulations; prohibiting local
  125         governments from taking certain actions regarding
  126         replacement structures; requiring development
  127         applications to be processed in a specified manner;
  128         providing for retroactive application; providing
  129         construction; preempting regulation of the demolition
  130         or development of certain structures and buildings to
  131         the state under certain circumstances; prohibiting a
  132         local government from penalizing an owner or a
  133         developer for taking certain actions taken under this
  134         act; providing an effective date.