2024 Legislature                                  CS for SB 1526
    2         An act relating to local regulation of nonconforming
    3         and 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 and buildings unless necessary
    8         for public safety; authorizing a local government to
    9         administratively review an application for a
   10         demolition permit only for a specified purpose;
   11         prohibiting local governments from imposing additional
   12         local land development regulations or public hearings
   13         on permit applicants; requiring a local government to
   14         authorize replacement structures to be developed in
   15         accordance with certain regulations; prohibiting local
   16         governments from taking certain actions regarding
   17         replacement structures; requiring development
   18         applications to be processed in a specified manner;
   19         providing for retroactive application; providing
   20         construction; preempting regulation of the demolition
   21         or development of certain structures and buildings to
   22         the state under certain circumstances; prohibiting a
   23         local government from penalizing an owner or a
   24         developer for taking certain actions taken under the
   25         act; providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Section 553.8991, Florida Statutes, is created
   30  to read:
   31         553.8991Resiliency and Safe Structures Act.—
   32         (1)SHORT TITLE.—This section may be cited as the
   33  “Resiliency and Safe Structures Act.”
   34         (2)DEFINITIONS.—As used in this section, the term:
   35         (a)“Coastal construction control line” means the boundary
   36  established under s. 161.053.
   37         (b)“Law” means any statute, ordinance, rule, regulation,
   38  policy, resolution, code enforcement order, agreement, or other
   39  governmental act.
   40         (c)“Local government” means a municipality, county,
   41  special district, or any other political subdivision of the
   42  state.
   43         (d)“Nonconforming structure” means a structure or building
   44  that does not conform to the base flood elevation requirements
   45  for new construction issued by the National Flood Insurance
   46  Program for the applicable flood zone.
   47         (e)“Replacement structure” means a new structure or
   48  building built on a property where a structure or building was
   49  demolished or will be demolished in accordance with this
   50  section.
   52         (a)Subject to paragraph (b), this section applies to any
   53  structure or building on a property in which all or a portion of
   54  such property is seaward of the coastal construction control
   55  line and the structure or building is:
   56         1.A nonconforming structure;
   57         2.A structure or building determined to be unsafe by a
   58  local building official; or
   59         3.A structure or building ordered to be demolished by a
   60  local government that has proper jurisdiction.
   61         (b)This section does not apply to any of the following
   62  structures or buildings:
   63         1.A structure or building individually listed in the
   64  National Register of Historic Places.
   65         2.A single-family home.
   66         3.A contributing structure or building within a historic
   67  district which was listed in the National Register of Historic
   68  Places before January 1, 2000.
   69         4.A structure or building located on a barrier island in a
   70  municipality with a population of less than 10,000 according to
   71  the most recent decennial census and which has at least six city
   72  blocks that are not located in zones V, VE, AO, or AE, as
   73  identified in the Flood Insurance Rate Map issued by the Federal
   74  Emergency Management Agency.
   76  government may not prohibit, restrict, or prevent the demolition
   77  of any structure or building identified in paragraph (3)(a) for
   78  any reason other than public safety. A local government may only
   79  administratively review an application for a demolition permit
   80  sought under this section for compliance with the Florida
   81  Building Code, the Florida Fire Prevention Code, and the Life
   82  Safety Code, or local amendments thereto, and any regulation
   83  applicable to a similarly situated parcel. The local government
   84  may not impose additional local land development regulations or
   85  public hearings on an applicant for a permit under this section.
   87  government shall authorize replacement structures for qualifying
   88  buildings identified in paragraph (3)(a) to be developed to the
   89  maximum height and overall building size authorized by local
   90  development regulations for a similarly situated parcel within
   91  the same zoning district. A local government may not do any of
   92  the following:
   93         (a)Limit, for any reason, the development potential of
   94  replacement structures below the maximum development potential
   95  allowed by local development regulations for a similarly
   96  situated parcel within the same zoning district.
   97         (b)Require replication of a demolished structure.
   98         (c)Require the preservation of any elements of a
   99  demolished structure.
  100         (d)Impose additional regulatory or building requirements
  101  on replacement structures which would not otherwise be
  102  applicable to a similarly situated vacant parcel located in the
  103  same zoning district.
  104         (e)Impose additional public hearings or administrative
  105  processes that would not otherwise be applicable to a similarly
  106  situated vacant parcel within the same zoning district.
  107         (6)DEVELOPMENT APPLICATIONS.—Development applications
  108  submitted for replacement structures for qualifying buildings
  109  identified in paragraph (3)(a) must be processed in accordance
  110  with the process outlined in local land development regulations
  111  including any required public hearings in front of the local
  112  historic board. However, a local government may not impose
  113  additional public hearings or administrative processes that
  114  would not otherwise be applicable to a similarly situated vacant
  115  parcel within the same zoning district.
  116         (7)APPLICATION AND CONSTRUCTION.—This section applies
  117  retroactively to any law adopted contrary to this section or its
  118  intent and must be liberally construed to effectuate its intent.
  119  This section does not apply to or affect s. 553.79(26).
  120         (8)PREEMPTION.—A local government may not adopt or enforce
  121  a law that in any way limits the demolition of a structure
  122  identified in paragraph (3)(a) or that limits the development of
  123  a replacement structure in violation of subsection (5). A local
  124  government may not penalize an owner or a developer of a
  125  replacement structure for a demolition pursuant to this section
  126  or otherwise enact laws that defeat the intent of this section.
  127  Any local government law contrary to this section is void.
  128         Section 2. This act shall take effect upon becoming a law.