City of Coral Gables

File #: 22-4477    Version: 1 Name:
Type: Resolution Status: Adopted
File created: 7/26/2022 In control: City Commission
On agenda: 8/24/2022 Final action: 8/24/2022
Enactment date: 8/24/2022 Enactment #: 2022-203
Title: A Resolution of the City Commission opposing amendments to Florida Statute 553.79 that preempt the City's demolition permit process as applied to historic properties and urging the Florida Legislature to rescind said amendments. (Sponsored by Mayor Lago)
Sponsors: Mayor Lago
Attachments: 1. Signed Resolution 2022-203, 2. Cover memo resolution opposing HB 423, 3. Resolution opposing HB 423, 4. Speaker Card, 5. Entered into record at meeting, 6. Verbatim Transcript
Title
A Resolution of the City Commission opposing amendments to Florida Statute 553.79 that preempt the City's demolition permit process as applied to historic properties and urging the Florida Legislature to rescind said amendments.
(Sponsored by Mayor Lago)


Body
During the 2022 legislative session, the Florida Legislature adopted House Bill 423 (“HB 423”), altering the Florida Building Code. One such amendment, prohibits a municipality from prohibiting or restricting a private property owner from demolishing a single-family residential home located in a coastal high-hazard area, moderate flood zone, or special flood hazard area, if the lowest finished floor elevation of the structure is at or below base flood elevation, or a higher base flood elevation as may be required by local ordinance, whichever is higher. With some exceptions, the new legislation also limits the City’s ability to apply local land development regulations to such properties.

The bill exempts nationally designated historic landmarks, residential structures designated on or before January 1, 2022, and residential structures designated after January 1, 2022, with the owner’s consent. The City of Coral Gables recognizes the enactment of this legislation could lead to the irreversible demolition of historic properties. Coral Gables has a longstanding history of being protecting historical properties, which foster city pride and legacy. In fact, the Historical Resources and Cultural Arts Department must approve demolition permits before issuance.

The City of Coral Gables has a long-standing legacy of recognizing and protecting its historic and cultural sites. In fact, there are currently over 1,200 historic landmark properties in the City and there may be a significant number of undesignated properties now threatened by state law. The City Commission condemns state action that infringes on the City’s home rule powers and overrides its ability to regulate the protection of historic str...

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