Florida League of Cities

Local Regulation of Nonconforming or Unsafe Structures (Oppose) – Failed 

CS/CS/HB 1317 (Roach) and CS/CS/CS/SB 1346 (Avila) allow private property owners to obtain a building permit to demolish any nonconforming structure, including those which are designated on the National Register of Historic Places or the State Inventory of Historic Places. To be demolished, the structure must be a nonconforming use, located in a coastal high-hazard area, and fail to meet current Federal Emergency Management Agency (FEMA) flood standards for new construction. A local government may only prohibit the demolition of such a structure if the enforcement agency or local building official determines that demolition of the structure is a threat to public safety. Once the structure in question is demolished, the bills will automatically authorize a replacement structure to be built provided that the existing nature and degree of nonconformity is not increased. A local government may not impose or enforce any limitation or condition on the approval of the replacement structure other than compliance with applicable current zoning and building regulations. Local governments may not require the replication of the demolished structure or limit the size or height of the replacement structure.  The bills have been amended in committee to address local government concerns by limiting the scope of the bill to not apply to the demolition of a property on the National Register of Historic Places or to single-family homes. The bills have also been amended to require a qualifying nonconforming structures that will qualify for demolition and the building of a replacement structure to be located within one-half mile of the coastline and within flood zones V, VE, AO or AE, as identified in Flood Insurance Rate Map. (Cruz)