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Bad Bill Alert: Florida SB1346 and HB1317
Don't Let Tallahassee preempt Historic Preservation
These bills would effectively remove the power of local communities to enforce historic preservation and maintenance regulations in coastal flood-hazard areas.
Florida's coastal economy is strong and this bill is not what we need.
Here are the main issues with this bill:
Redlines existing buildings as "Nonconforming Structures"
Once a building is classified as "nonconforming," the local jurisdiction loses the ability to regulate demolition or new replacement construction.
This would expose historic buildings to speculative demolition and seriously impact quality of life as neighborhoods become speculator targets.
Restrictions on Demolition Prohibited
If a building does not comply with the new construction code, then there can be no restriction on demolition.
This would also apply to historic buildings, which automatically do not meet the new construction code standards.
Encourages Demolition By Neglect
The bill appears to specifically target standard "demolition by neglect" clauses which give cities the power to require replication of a historic building if it is demolished by neglect. This has proven an important disincentive that has encouraged proper maintenance of historic buildings over the years. Removing this power will likely lead to the opposite of the intended outcome - more neglect of buildings, not less! Owners will be encouraged to neglect their buildings so that they may be redeveloped to the maximum amount.
Makes us less safe, not more safe
Historic buildings have often had more certifications than new construction. In Miami Beach, most have already had their 40 year recertification, then inspections every 10 years subsequent. This bill throws all of that out of the window by classifying historic structures as de facto 'nonconforming,' since there is no way they could comply with "new construction FEMA requirements." Just because that is the case, however, does not mean that historic buildings are not resilient.
Bill Timeline
3/7/2023
HB1317 and SB1346
Bills Filed
Bills are filed in the House and Senate of the Florida Legislature. The bills would preempt demolition review for structures not complying with new construction requirements in coastal flood hazard areas. HB1317 and SB1346.
March 16th 2023
Tallahassee, Florida
Economic Development House Committee hearing: HB1317
Representative Spencer Roach (R - Fort Myers) presents his bill to the Committee. This includes the committee substitute, which exempts single-family homes and structures individually listed on the National Register of Historic Places. Commissioner Alex Fernandez from Miami Beach attends to speak in person about concerns regarding this bill and its potential impact on Miami Beach and the Art Deco District that we are so famous for.
March 22nd 2023
Tallahassee, Florida
Community Affairs Committee hearing: SB1346
Senator Brian Avila (R- Hialeah Gardens) presents his bill to the Committee. This includes the committee substitute, which exempts single-family homes and structures individually listed on the National Register of historic places.