HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1647 Local Regulation of Nonconforming and Unsafe Structures
SPONSOR(S): Commerce Committee, Regulatory Reform & Economic Development Subcommittee, Roach
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1526
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 14 Y, 0 N, As CS Wright Anstead
Subcommittee
2) State Affairs Committee 15 Y, 5 N Mwakyanjala Williamson
3) Commerce Committee 17 Y, 1 N, As CS Wright Hamon
SUMMARY ANALYSIS
A building permit must be obtained from the local government to demolish any building. Some local governments in
Florida have placed additional requirements or restrictions on obtaining such permits for buildings deemed historic.
The bill creates the “Resiliency and Safe Structures Act,” which allows demolition of certain buildings under certain
conditions, and provides that:
 The provisions do not apply to any structure that is:
o A single-family home,
o Individually listed on the National Register of Historic Places,
o A contributing structure or building within a historic district which was listed in the National Register
of Historic Places before January 1, 2000, or
o On a barrier island in a municipality with a population of less than 10,000 with at least six city blocks
not located in zones V, VE, AO, or AE, as identified in the Flood Insurance Rate Map.
 A local government may not prohibit, restrict, or prevent, for any reason other than public safety, the
demolition of any structure seaward of the coastal construction control line and is also a:
o Nonconforming structure, which is a structure that does not conform to the base flood elevation
requirements for new construction issued by the National Flood Insurance Program for the
applicable flood zone;
o Structure determined to be unsafe by the local building official; or
o Structure ordered to be demolished by the local government.
 A local government may only administratively review an application for a demolition permit for such a
structure for compliance with the Building Code, the Fire Prevention Code, and any regulation a pplicable to
a similarly situated parcel, and may not impose additional local land development regulations or public
hearings on an applicant for such a demolition permit.
 A local government must authorize replacement structures to be developed to the maxi mum height and
overall building size authorized by local development regulations.
 A local government may not do any of the following:
o Limit the development potential of replacement structures below the maximum development
potential allowed by local development regulations.
o Require replication or preservation of elements of a demolished structure.
o Impose additional regulatory or building requirements on replacement structures or development
applications not otherwise applicable to a similarly situated parcel in the same zoning district.
 A local government may not adopt or enforce a law that in any way limits application of the bill’s provisions.
 The provisions may be applied retroactively.
The bill has an indeterminate fiscal impact on local governments and does not appear to have a fiscal impact on
state government. See Fiscal Comments.
The bill provides an effective date of upon becoming a law.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code. In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not
work and a study was commissioned to make recommendations. In 1998, the Legislature adopted the
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 Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002. 1 The current edition of
the Building Code is the eighth edition, which is referred to as the 2023 Florida Building Code.2
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (FBCA). The FBCA provides a
mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified
state building code. The Building Code must be applied, administered, and enforced uniformly and
consistently from jurisdiction to jurisdiction.3
A local enforcement agency is an agency of local government with jurisdiction to make inspections of
buildings and to enforce the Building Code.4
Building code administrators are regulated by the Building Code Administrators and Inspectors Board
(BCAIB) within Department of Business and Professional Regulation (DBPR).5 A building code
administrator, also known as a building official, is a local government employee or a person contracted
by a local government who supervises Building Code activities, including plans review, enforcement,
and inspection.6
Demolition Permits
It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
building without first obtaining a building permit from the local government or from such persons as
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable
fees as set forth in a schedule of fees adopted by the enforcing agency.7
Section 553.79(26), F.S., provides that a local law, ordinance, or regulation may not prohibit or
otherwise restrict the ability of a private property owner to obtain a building permit to demolish his or
her single-family residential structure provided that:8
 Such structure Is located in a coastal high-hazard area, moderate flood zone, or special flood
hazard area according to a Flood Insurance Rate Map issued by the Federal Emergency
Management Agency (FEMA) for the purpose of participating in the National Flood Insurance
Program.
1 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, 4,
https://www.floridabuilding.org/fbc/commission/FAC_Report_0206r3.pdf (last visited Jan. 27, 2024).
2 Florida Building Commission, Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 27, 2024).
3 See s. 553.72(1), F.S.
4 S. 553.71(5), F.S.
5 See Ss. 120.569, 120.57(1)-(2), 468.605, 468.606, and 468.621, F.S.
6 S. 468.603(2), F.S.
7 S. 553.79(1), F.S.
8 S. 553.79(26)(a), F.S.
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  The lowest finished floor elevation of such structure is at or below base flood elevation as
established by the Building Code or a higher base flood elevation as may be required by local
ordinance, whichever is higher.
 Such permit complies with all applicable Building Code, Fire Prevention Code, and local
amendments to such codes.
An application for such 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 situated parcel. Applications may not be subject
to any additional local land development regulations or public hearings. A local government may not
penalize a private property owner for a demolition that is in compliance with the demolition permit. 9
If a single-family residential structure is demolished pursuant to a demolition permit, a local
government may not impose additional regulatory or building requirements on the new, replacement
single-family residential structure on the site of the demolished structure that would not otherwise be
applicable to a similarly situated vacant parcel.10 However, a local law, ordinance, or regulation may
restrict demolition permits for a:11
 Structure designated on the National Register of Historic Places;
 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.
Permits for Property with a Historic Designation
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.12 The Department of the Interior issues advisory guidelines for a building that
must undergo preservation, rehabilitation, restoration, or reconstruction and still retain historic status.13
Additionally, some local governments in Florida have adopted land development regulations that
designate certain older buildings to be historic. These local governments have placed restrictions on
property owners from obtaining permits for the demolition of older buildings that the local government
has deemed historic. Below are examples of such regulations:
 Requiring a special demolition permit process. 14
 Requiring new construction on the site of the demolished structure to be subject to certain
architectural regulations, related to:15
o The colors, pattern, and trim used in the building’s façade.
o The design of the roof.
o The proportions and relationships between doors and windows.
Proponents of these land development regulations argue that these regulations are needed to protect
Florida’s history and preserve Florida’s character and architectural style. 16 Opponents of these
regulations argue that these older buildings are damaged, do not meet the Building Code’s minimum
9
S. 553.73(26)(b), F.S.
10 S. 553.79(26)(c), F.S.
11 S. 553.79(26)(d), F.S.
12 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. 27, 2024); National Park Service, How to List a Property,
https://www.nps.gov/subjects/nationalregister/how-to-list-a-property.htm (last visited Jan. 27, 2024).
13 National Park Service, The Secretary of the Interior's Standards for the Treatment of Historic Properties,
https://www.nps.gov/orgs/1739/secretary-standards-treatment-historic-properties.htm (last visited Jan. 29. 2024); 36 C.F.R. Parts 67
and 68.
14 Sec. 54-71., 54-125., Town of Palm Beach Code of Ordinances.
15 Sec. 54-122., Town of Palm Beach Code of Ordinances.
16 Miami Herald Editorial Board, Historic-home teardowns risk washing away Miami Beach’s character in a flood of cash , Miami Herald
(Jan. 11, 2022), https://www.miamiherald.com/article257198932.html (last visited Jan. 27, 2024).
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 flood elevation requirements, which can make them dangerous and can be demolished for new
structures or buildings that meet the requirements of the current Building Code.17
There appear to be conflicts 18 in some areas related to whether older buildings that may be unsafe
should be demolished or be given time to be rehabilitated. Some argue that policies related to
demolition are having an effect on affordable housing.19
Unsafe Structures
Under the Florida Building Code, Existing Building, 8th Edition, buildings, structures or equipment must
be deemed unsafe if they are:20
 Unsanitary;
 Deficient due to inadequate means of egress facilities or inadequate light and ventilation;
 A fire hazard;
 Structures or have individual structural members that are dangerous, meaning:
o The building or structure has collapsed, has partially collapsed, has moved off its
foundation, or lacks the necessary support of the ground.
o There exists a significant risk of collapse, detachment or dislodgement of any portion,
member, appurtenance or ornamentation of the building or structure under permanent,
routine or frequent loads; under actual loads already in effect; or under wind, rain, flood
or other environmental loads when such loads are imminent.
 Otherwise dangerous to human life or the public welfare;
 Involved in illegal or improper occupancy or inadequate maintenance; or
 Vacant and not secured against entry.
Various local governments across the state impose additional regulations regarding what deems a
structure unsafe and what happens when a structure is deemed unsafe.
National Flood Insurance Program
The National Flood Insurance Program (NFIP), which was created by the passage of the National
Flood Insurance Act of 1968,21 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. 22 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. 23
Within participating communities, the federal government makes flood insurance available throughout
the community.24 To join, a community must complete an application, adopt a resolution of intent to
17 Pedro Portal, Miami Beach older homes demolished in part b ecause of 'flood requirements', Miami Herald (Jan. 9, 2022),
https://www.miamiherald.com/news/business/real-estate-news/article257166737.html (last visited Jan. 27, 2024); CBS Miami, Miami
Beach Waterfront Home Of Notorious Prohib ition-Era Gangster Al Capone Slated For Demolition,
https://www.cbsnews.com/miami/news/miami-beach-waterfront-home-of-notorious-prohibition-era-gangster-al-capone-slated-for-
demolition/ (last visited Jan. 27, 2024).
18 In November 2022, news reports indicated that there were “dozens of ongoing lawsuits that have recently been filed between
property owners and the City of Miami over attempts to demolish their properties. WLRN Miami | South Florida, After Surfside, Miami
changes rules to fast-track demolition. Affordab le housing is in the crosshairs, December 5, 2022, https://www.wlrn.org/housing/2022-
12-05/after-surfside-miami-changes-rules-to-fast-track-demolition-affordable-housing-is-in-the-crosshairs (last visited Jan. 27, 2024).
19 In 2022, approximately “48 buildings were demolished by city order, including 30 residential properties. In 2019, 52 building s were
demolished by order of the city.” Id.
20 § 202, FBC, Existing Building (2023 8th Ed.).
21 FEMA, 50 Years of the NFIP, availab le at https://www.fema.gov/sites/default/files/2020-
05/NFIP_50th_Final_8.5x11_Regional_Printable.pdf (last visited Jan. 27, 2024).
22 Benefits.gov, National Flood Insurance Program (NFIP), available at https://www.benefits.gov/benefit/435 (last visited Jan. 27,
2024)
23 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%20pa
rticipate%20and%20cooperate%20with%20FEMA%3B (last visited Jan. 27, 2024).
24 Id.
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 participate and cooperate with FEMA, and adopt and submit a floodplain management ordinance that
meets or exceeds the minimum NFIP criteria.25
In coordination with participating communities, FEMA develops flood maps called Flood Insurance
Rate Maps (FIRMs) that depict the community’s flood risk and floodplain. 26 While FEMA is largely
responsible for the creation of the FIRM, the community itself must pass the map into its local
regulations in order for the map to be effective.27 An area of specific focus on the FIRM is the Special
Flood Hazard Area (SFHA).28 The SFHA is intended to distinguish the flood risk zones that have a
chance of flooding during a one-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 year 29 (and at least a 26 percent
chance of flooding over the course of a 30-year mortgage).30 In a community that participates in the
NFIP, owners of