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Bad Bill Alert: Florida SB1346 and HB1317
Protect our Coastal Historic Communities from Overdevelopment!
Call Hialeah Senator Bryan Avila at (305) 364-3073 and ask him to get his facts straight and stop his crusade to redevelop historic coastal communities – NO on SB1346!
Keep our local zoning protections in place. With major infrastructure issues, bridges consistently breaking, and the impact of too many people on hurricane evacuations, the last thing we need is this real estate developer giveaway masquerading as ‘resiliency and unsafe structures’ legislation…
These bills would effectively remove the power of local communities to enforce historic preservation and maintenance regulations in coastal flood-hazard areas while encouraging maximum redevelopment of our coastal towns and neighborhoods.
Florida’s coastal economy is strong and this bill is not what we need.
SETTING THE RECORD STRAIGHT
WHAT HE SAID:
“Miami Beach has seven sites that are on the National Historic Registry. Those are 7 sites that are recognized at the National level. Now there’s a big discrepancy between that and what the local historic preservation board has deemed historic… it leads you to question whether a lot of the sites are actually historic”
THE FACTS:
Miami Beach has over 1,200 structures listed on the National Historic Register.
In 1979, the Florida Secretary of State sent the following letter to the Miami Beach City Commission, advising of the listing of the Miami Beach Architectural District on the National Register of Historic Places.
SETTING THE RECORD STRAIGHT
WHAT HE SAID:
“In 2012, Miami Beach voters voted on their own charter amendment to reduce the powers of the historic preservation board by 61%, so that speaks to.. what this issue pertains to, and what is going on in the background in Miami Beach….”
THE FACTS:
In 2012, Miami Beach voters by over 61% approved a charter amendment to protect the powers of the Historic Preservation Board.
Miami Beach City Charter
Sec. 1.06. – Public vote required prior to enacting reduced powers and duties for Historic Preservation Board, or less stringent historic preservation standards or regulations.
Any change to City Code Chapter 118, Article II, Division 4, “Historic Preservation Board,” or City Code Chapter 118, Article X, Divisions 1—4, “Historic Preservation,” which, whether through amendment, exemption, repeal, or otherwise, reduces the powers and duties of the City’s Historic Preservation Board, or creates less stringent historic preservation standards or regulations, shall, before becoming effective be approved by a majority of the voters in a Citywide referendum.
(Res. No. 2012-27963, 7-18-12, approved by voters 11-6-12)
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.
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Bill Timeline
May 2nd 2023
Miami Beach, Florida
Rally to Save Miami Beach
Residents joined together in opposition to the sweeping legislation that could remove protections on thousands of historic buildings in Florida's coastal communities.
April 28th 2023
Tallahassee, Florida
Final Senate Vote
The Senate votes to approve SB1346. 33 Yes - 6 No - 1 Absent.
April 19th 2023
Tallahassee, Florida
Senate Rules Committee
Florida State Senator Brian Avila finally admits that under his bill only SEVEN structures on Miami Beach will be protected, given the broad language of the bill. He rejects Sen Shevrin Jones amendment to exempt historically protected buildings across the state of Florida within 1/2 mile of the coast.
April 4th 2023
Tallahassee, Florida
Senate Environment and Natural Resources Committee
Florida State Senator Brian Avila introduces the bill and his delete-all amendment at the second Senate subcommittee - and the first one with public appearances from stakeholders. Daniel Ciraldo of the Miami Design Preservation League shares concerns about the amendment and exchanges dialogue with the Senate subcommittee members. Lena Juarez representing St. Augustine speaks regarding the need to work further with the sponsor to ensure local districts/structures are protected and not just those individually listed on the National Register.
March 29th 2023
Tallahassee, Florida
Local Administration, Federal Affairs & Special Districts Subcommittee HB1317
Representative Roach withdrew his amendment that would have expanded the preemption language to even more places. He also offered to work with the concerned stakeholders on improving the bill.
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.
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.
3/1/2023
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.