Florida Governor Signs Bill Easing Demolition Rules for Aging Coastal Properties

Florida Governor Ron DeSantis has recently approved a contentious bill to facilitate the demolition of aging coastal properties, marking yet another legislative victory for developers in the state.
Senate Bill 1526, now signed into law, effectively removes the authority of local municipalities to prohibit, limit, or hinder the demolition of “nonconforming” and unsafe structures. However, certain exceptions apply, such as buildings individually listed on the National Register of Historic Places, contributing structures within historic districts listed in the National Register before 2000, and single-family homes. Additionally, barrier island municipalities with specific population and location criteria are exempt from the law.
The new legislation will protect buildings with only municipal historic designation from demolition.
DeSantis endorsed the bill after it passed the Florida House, with the law taking immediate effect upon signing. A previous bill iteration failed to advance in the Florida Legislature last year.
The criteria for nonconforming structures encompass those failing to meet the base flood elevation standards set by the National Flood Insurance Program, those deemed unsafe by building officials, or structures subject to demolition orders. The scrutiny on building safety has intensified following the tragic Surfside condo collapse in 2021, resulting in more stringent inspections and condemnations.
The impact of this law will be most keenly felt in cities like Miami Beach, where property owners in historic districts faced significant restrictions and oversight concerning renovations and demolitions.
A surge in demolition applications is anticipated, with some developers having held properties in historic districts for extended periods in anticipation of such legislation or due to safety concerns.
Legal expert Keith Poliakoff noted significant interest from developers eager to proceed with demolition projects, highlighting the substantial redevelopment implications for coastal properties statewide.
The law precludes local municipalities from impeding the development potential of sites with nonconforming or unsafe structures, mandating the replication of demolished structures, preserving building elements, or imposing unique requirements compared to other properties within the same zoning district.
Critics argue that the law may incentivize property owners to neglect architecturally significant buildings, precipitating their demolition in cases such as the ordered demolition of the historic Deauville Beach Resort in Miami Beach, fueling concerns about the potential misuse of the law.
Poliakoff further suggests that the law could drive property sales, benefiting owners by realizing improved property values.
This legislation aligns with a broader trend of pro-developer measures advanced by the Florida Legislature, including recent amendments to the Live Local Act aimed at incentivizing developers to include workforce housing in their projects.