The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 1526
INTRODUCER: Environment and Natural Resources Committee and Senator Avila
SUBJECT: Local Regulation of Nonconforming and Unsafe Structures
DATE: February 13, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Favorable
2. Barriero Rogers EN Fav/CS
3. Hunter Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1526 creates the Resiliency and Safe Structures Act, providing that a local government
may not prohibit, restrict, or prevent the demolition of the following structures for any reason
other than public safety:
 Nonconforming structures;
 Structures or buildings determined to be unsafe by a local building official; and
 Structures or buildings ordered to be demolished by a local government that has proper
jurisdiction.
The bill provides that a local government must authorize replacement structures for qualifying
buildings to be developed to the maximum height and overall building size authorized by local
development regulations for a similarly situated parcel within the same zoning district. The bill
prohibits a local government from imposing certain restrictions and limitations on a replacement
structure to be built on the property where a qualifying structure was demolished. A local
government may only administratively review an application for a demolition permit for
compliance with the Florida Building Code, the Florida Fire Prevention Code, and the Life
Safety Code, or local amendments thereto, and any regulation applicable to a similarly situated
parcel. The local government may not impose additional local land development regulations or
public hearings on an applicant for a permit under this bill.
The provisions of the bill do not apply to:
 Structures or buildings individually listed in the National Register of Historic Places;
BILL: CS/SB 1526 Page 2
 Single-family homes;
 Contributing structures or buildings within a historic district which was listed in the National
Register of Historic Places before January 1, 2000;
 Structures or buildings located on a barrier island in a municipality with a population of less
than 10,000 according to the most recent decennial census and which has at least six city
blocks that are not located in zones V, VE, AO, or AE, as identified in the Flood Insurance
Rate Map issued by the Federal Emergency Management Agency.
II. Present Situation:
The Florida Building Code
In 1974, Florida passed legislation requiring all local governments to adopt and enforce a
minimum building code that would ensure that Florida’s minimum standards were met.1 Local
governments could choose from four separate model codes. The state’s role was limited to
adopting all or relevant parts of new editions of the four model codes. Local governments could
amend and enforce their local codes as they saw fit.2
In 1992, Hurricane Andrew destroyed many structures that were built according to code,
demonstrating that Florida’s system of local codes was flawed. 3 The Governor appointed a study
commission to review the system of local codes and make recommendations for its
modernization. The 1998 Legislature adopted the study commission’s recommendations for a
single state building code and enhanced the oversight role of the state over local code
enforcement. The 2000 Legislature authorized implementation of the Building Code, and that
first edition replaced all local codes on March 1, 2002.4
The Building Code is updated every three years.5 The current edition of the Building Code is the
8th edition, which is referred to as the 2023 Florida Building Code. Among other things, the
Building Code sets limitations on building height and size.6 Height restrictions are determined
based on the type of construction, occupancy classification, and whether there is an automatic
sprinkler system installed throughout the building.7
The Florida Building Commission was statutorily created to implement the Building Code.8 The
commission, which is housed within the Department of Business and Professional Regulation, is
a 19-member technical body made up of design professionals, contractors, and government
1
Dep’t of Community Affairs, The Florida Building Commission Report to the 2006 Legislature, 4 (2006), available
at http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf.
2
Id.
3
Id.
4
Id.; Dep’t of Business and Professional Regulation, Building Code Information System,
https://floridabuilding.org/c/default.aspx (last visited Jan. 25 2024).
5
See Fla. Bldg. Commission, Florida Building Codes and Effective Dates, 1 (2023), available at
https://www.floridabuilding.org/fbc/Publications/2023_Effective_Dates.pdf.
6
Florida Building Code, 2023 Florida Building Code, Building: 8th Edition, s. 503 (2023), available at
https://codes.iccsafe.org/content/FLBC2020P1/chapter-5-general-building-heights-and-areas#FLBC2020P1_Ch05_Sec502.
7
Id. at s. 504.1.
8
See section 553.74(1), F.S.
BILL: CS/SB 1526 Page 3
experts in various disciplines covered by the Building Code.9 The commission reviews
International Codes published by the International Code Council,10 the National Electric Code,
and other nationally adopted model codes during its triennial update of the Building Code.11
Local governments may adopt amendments to the technical provisions of the Building Code that
apply solely within the jurisdiction of such government and that provide for more stringent
requirements than those specified in the Building Code.12 A local government must determine
there is a need to strengthen the requirements of the Building Code based on a review of local
conditions.13 Such amendments may not introduce a new subject not addressed in the Building
Code.14 Most technical amendments sunset upon adoption of the newest edition of the Building
Code, unless adopted into the Building Code.15
Local Enforcement of the Florida Building Code
Local governments have the power to inspect all buildings, structures, and facilities within their
jurisdiction in protection of the public’s health, safety, and welfare.16 Every local government
must enforce the Building Code and issue building permits.17 It is unlawful for a person, firm, or
corporation to construct, erect, alter, repair, secure, or demolish any building without first
obtaining a permit from the local government enforcing agency or from such persons as may, by
resolution or regulation, be directed to issue such permit.18 Any construction work that requires a
building permit also requires plans and inspections to ensure the work complies with the
Building Code, including certain building, electrical, plumbing, mechanical, and gas
inspections.19 Construction work may not be done beyond a certain point until it passes an
inspection.20
Demolition Permits
Under state law, a permit is required to demolish a building.21 The enforcing agency may revoke
any such permit if the demolition is in violation of, or not in conformity with, the provisions of
the Building Code.22 However, an application for a demolition permit may only be reviewed
administratively for compliance with the Building Code, the Florida Fire Prevention Code, and
the Life Safety Code (or local amendments thereto), and any regulations applicable to a similarly
9
Id.
10
The International Code Council (ICC) is an association that develops model codes and standards used in the design,
building, and compliance process to construct safe, sustainable, affordable and resilient structures. ICC, About the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 25, 2024).
11
Section 553.73(3), F.S.
12
Section 553.73(4)(b), F.S.
13
Section 553.73(4)(b)1., F.S.
14
Section 553.73(4)(b)3., F.S.
15
Section 553.73(4)(e), F.S.
16
Section 553.72(2), F.S.
17
Sections 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
18
Sections 125.56(4)(a) and 553.79(1), F.S.
19
Florida Building Code, 2023 Florida Building Code: 8th Edition, s. 110 (2023), available at
https://codes.iccsafe.org/content/FLBC2023P1/chapter-1-scope-and-administration#FLBC2023P1_Ch01_SubCh02_Sec110.
20
Id.
21
Section 553.79(1)(a), F.S.
22
Id.
BILL: CS/SB 1526 Page 4
situated parcel.23 A local government may not subject applications to any additional local land
development regulations or public hearings or penalize a private property owner for a demolition
that is in compliance with the demolition permit.24
However, a local law, ordinance, or regulation may restrict demolition permits for certain
designated historic structures:25
 Structure designated on the National Register of Historic Places;26
 Privately owned single-family residential structure designated historic by a local, state, or
federal governmental agency on or before January 1, 2022; or
 Privately owned single-family residential structure designated historic after January 1, 2022,
by a local, state, or federal governmental agency with the consent of its owner.
National Flood Insurance Program
The National Flood Insurance Program (NFIP) was created by the passage of the National Flood
Insurance Act of 1968.27 The NFIP is administered by the Federal Emergency Management
Agency (FEMA) and provides homeowners, business owners, and renters in flood-prone areas
the ability to purchase flood insurance protection from the federal government.28 The general
purpose of the NFIP is both to offer primary flood insurance to properties with significant flood
risk and to reduce flood risk through the adoption of floodplain management standards.
Participation in the NFIP is voluntary.29 Within participating communities, the federal
government makes flood insurance available throughout the community.30 To join, a community
must:
 Complete an application;
 Adopt a resolution of intent to participate and cooperate with FEMA; and
 Adopt and submit a floodplain management ordinance that meets or exceeds the minimum
NFIP criteria.31
In coordination with participating communities, FEMA develops flood maps called Flood
Insurance Rate Maps (FIRMs) that depict the community’s flood risk and floodplain.32 While
FEMA is largely responsible for the creation of the FIRM, the community itself must pass the
23
Section 553.79(26)(b), F.S.
24
Id.
25
Section 553.79(25)(d), F.S.
26
The National Register of Historic Places is the federal government’s official list of historic places in the United States. The
National Historic Preservation Act of 1966 authorized the register, which is administered by the National Park Service. In
order to be listed on the register, the owner of the property must not object. National Park Service, What is the National
Register of Historic Places, https://www.nps.gov/subjects/nationalregister/what-is-the-national-register.htm (last visited
Jan. 25, 2024).
27
FEMA, 50 Years of the NFIP, 2 (2020), available at https://www.fema.gov/sites/default/files/2020-
05/NFIP_50th_Final_8.5x11_Regional_Printable.pdf.
28
Benefits.gov, National Flood Insurance Program (NFIP), https://www.benefits.gov/benefit/435 (last visited Jan. 25, 2024).
29
FEMA, Participation in the NFIP, https://www.fema.gov/glossary/participation-
nfip#:~:text=Participation%20in%20the%20National%20Flood%20Insurance%20Program%20%28NFIP%29,of%20intent%
20to%20participate%20and%20cooperate%20with%20FEMA%3B (last visited Jan. 25, 2024).
30
Id.
31
Id.
32
See Congressional Research Service, Introduction to the National Flood Insurance Program, 3 (2023), available at
https://crsreports.congress.gov/product/pdf/R/R44593.
BILL: CS/SB 1526 Page 5
map into its local regulations in order for the map to be effective.33 An area of specific focus on
the FIRM is the Special Flood Hazard Area (SFHA).34 The SFHA is intended to distinguish the
flood risk zones that have a chance of flooding during a 1-in-100 year flood or greater frequency.
This means that properties in the SFHA have a risk of 1 percent or greater risk of flooding every
year35 and at least a 26 percent chance of flooding over the course of a 30-year mortgage.36 Flood
maps along the coasts show areas at high risk of flooding within the coastal SFHA.37 The coastal
SFHA includes several flood hazard zones:
 Zone V, or coastal high-hazard area, are coastal areas with a 1 percent or greater chance of
flooding and an additional hazard associated with storm waves;38
 Zone VE, also known as the coastal high-hazard area, is where wave action and fast-moving
water can cause extensive damage during a base flood event;39
 Zone AE indicates areas that have at least a 1 percent-annual-chance of being flooded, but
where wave heights are less than 3 feet;40
 Zone AO is used to map areas at risk of shallow flooding during a base flood (1 percent-
annual-chance), where water with average depths of one to three feet flows over sloping
ground. On flood maps in coastal communities, Zone AO usually marks areas at risk of
flooding from wave overtopping, where waves are expected to wash over the crest of a dune
or bluff and flow into the area beyond.41
In a community that participates in the NFIP, owners of properties in the mapped SFHA are
required to purchase flood insurance as a condition of receiving a federally backed mortgage.42
Key conditions of the NFIP minimum floodplain management standards include, among things,
that communities:
 Require permits for development in the SFHA;
 Require elevation of the lowest floor of all new residential buildings in the SFHA to or above
the base flood elevation;
 Restrict development in floodways to prevent increasing the risk of flooding; and
 Require certain construction materials and methods that minimize future flood damage.43
33
Id.
34
Id.
35
Id.
36
FEMA, Coastal Hazards & Flood Mapping: A Visual Guide, 6, available at
https://www.fema.gov/sites/default/files/documents/fema_coastal-glossary.pdf.
37
FEMA, Features of Flood Insurance Rate Maps in Coastal Areas, https://www.fema.gov/flood-maps/coastal/insurance-
rate-maps (last visited Jan. 25, 2024).
38
FEMA, Zone V, https://www.fema.gov/glossary/zone-v (last visited Jan. 25, 2024); see also FEMA, Coastal High Hazard
Areas, https://www.fema.gov/node/404318 (last visited Jan. 25, 2024).
39
FEMA, Features of Flood Insurance Rate Maps in Coastal Areas, https://www.fema.gov/flood-maps/coastal/insurance-
rate-maps (last visited Jan. 25, 2024).
40
Id.
41
Id.
42
Congressional Research Service, Introduction to the National Flood Insurance Program, 10 (2023), available at
https://crsreports.congress.gov/product/pdf/R/R44593. Such lenders include federal agency lenders, such as the Department
of Veterans Affairs, government-sponsored enterprises Fannie Mae, Freddie Mac, and federally regulated lending
institutions, such as banks covered by the Federal Deposit Insurance Corporation or the Office of the Comptroller of the
Currency.
43
Id. at 6.
BILL: CS/SB 1526 Page 6
New Construction Requirements in Coastal Flood Hazard Zones
For communities participating in the NFIP, FEMA places requirements on any new construction
built in flood hazard areas.44 Generally, new construction in flood-prone areas must be:45
 Designed and adequately anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
 Constructed with materials resistant to flood damage;
 Constructed by methods and practices that minimize flood damages; and
 Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment
and other service facilities that are designed and/or located to prevent water from entering or
accumulating within the