Florida Senate - 2025                                     SB 452
       
       
        
       By Senator Sharief
       
       
       
       
       
       35-00820-25                                            2025452__
    1                        A bill to be entitled                      
    2         An act relating to restrictions on redevelopment;
    3         amending s. 553.8991, F.S.; authorizing property
    4         located on a barrier island which allows for
    5         residential development on or after a specified date
    6         to be developed or redeveloped for residential use at
    7         the highest density allowed on or after that specified
    8         date, regardless of any land use, zoning, or policies
    9         to the contrary; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (5) of section 553.8991, Florida
   14  Statutes, is amended to read:
   15         553.8991 Resiliency and Safe Structures Act.—
   16         (5) RESTRICTIONS ON REDEVELOPMENT PROHIBITED.—A local
   17  government shall authorize replacement structures for qualifying
   18  buildings identified in paragraph (3)(a) to be developed to the
   19  maximum height and overall building size authorized by local
   20  development regulations for a similarly situated parcel within
   21  the same zoning district. A property located on a barrier island
   22  which has a land use or zoning designation allowing residential
   23  development, or which had such land use or zoning designation as
   24  of January 1, 2000, or any time thereafter, is authorized to be
   25  developed or redeveloped for residential use at the highest
   26  density allowed on the property as of January 1, 2000, or any
   27  time thereafter, regardless of its current land use, zoning
   28  designation, or comprehensive plan policies to the contrary. A
   29  local government may not do any of the following:
   30         (a) Limit, for any reason, the development potential of
   31  replacement structures below the maximum development potential
   32  allowed by local development regulations for a similarly
   33  situated parcel within the same zoning district.
   34         (b) Require replication of a demolished structure.
   35         (c) Require the preservation of any elements of a
   36  demolished structure.
   37         (d) Impose additional regulatory or building requirements
   38  on replacement structures which would not otherwise be
   39  applicable to a similarly situated vacant parcel located in the
   40  same zoning district.
   41         (e) Impose additional public hearings or administrative
   42  processes that would not otherwise be applicable to a similarly
   43  situated vacant parcel within the same zoning district.
   44         Section 2. This act shall take effect July 1, 2025.