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Resolution 2022-32440 RESOLUTION NO J 2022-32440 A RESOLUTION'OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO AMEND SECTION 553.79, FLORIDA STATUTES (2022 HOUSE BILL 423), TO EXEMPT FROM THE REQUIREMENTS OF THE NEW LAW ALL SINGLE-FAMILY HOMES THAT HAVE BEEN DESIGNATED AS HISTORIC, REGARDLESS OF WHETHER THE OWNER CONSENTS TO THE DESIGNATION, AND URGING GOVERNOR RON DESANTIS TO SIGN SUCH LEGISLATION, IN ORDER TO PROMOTE THE PRESERVATION OF HISTORIC HOMES IN MIAMI BEACH. WHEREAS, on May 25, 2022, Governor Ron DeSantis signed into law HB 423, which significantly impacts the current review process for new construction and demolition permits for single-family homes within all zoning districts in the City; and WHEREAS, HB'423 prohibits a local government from restricting a private property owner from obtaining a building permit to demolish a single-family residential structure that is located in certain flood zones, with the following exceptions:; a. A structure designated on;the National Register of Historic Places; b. A privately owned single-family residential structure designated • • historic by a local, state, or federal'government agency on or before January 1, 2022; and c. A 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; and WHEREAS, furthermore, an application for a demolition permit for a qualifying home may only be reviewed administratively for compliance with the Florida Building Code, Florida Fire Prevention Code, and the Life Safety Code, and may not be subject to any additional local land development regulations or public'hearings; and , WHEREAS, as it pertains to the City's current regulations on single-family homes, HB 423 preempts the City from requiring the Design Review'Board ("DRB") to review'the design of a replacement for pre-1942 single-family home prior to approval of a demolition permit for the existing home; and , WHEREAS, in'addition, HB 423'limits the City's ability to designate single-family homes as Historic without the Owner's consent; and WHEREAS, while HB 423 exempts homes designated before January 1, 2022, as Historic, an application for homes designated as Historic without the owner's consent after January 1, 2022, may only be reviewed,administratively,'and the application may not be subject to any additional local land development regulations or public hearings; and WHEREAS, as a general rule, under the City's Land Development Regulations, once a property is historically designated, any proposed demolition must be'reviewed and approved by the Historic Preservation Board ("HPB") following a public hearing, pursuant to the Certificate of Appropriateness criteria; and WHEREAS, in light of HB 423, the City is now unable to require a public hearing or impose additional land development regulations prior to the issuance of a demolition permit, which restricts City's authority to designate single-family homes moving forward unless owner's consent is obtained; and WHEREAS, Miami Beach is home to the country's largest concentrated collection of Art Deco buildings, and historically protected buildings provide prestige, public recognition and state- and federal-tax-based economic incentives to restore the buildings; and WHEREAS, the City is able to preserve and protect its historic buildings through its Historic Preservation Ordinance, which establishes protections for buildings within local historic districts as well as those properties individually designated as historic by the Miami Beach Historic Preservation Board; and WHEREAS, it is critically important for the City to continue to be able to protect its historic resources from demolition; and WHEREAS, as follows, the Mayor and City Commission urge the Florida Legislature, and Governor Ron DeSantis, to amend Section 553,79, Florida Statutes (2022 HB 423), to exempt from the requirements of the new law all single-family homes that are designated as historic, regardless of whether the owner consents to the designation. NOW, THEREFORE, BE ' IT DULY, RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby urge the Florida Legislature to'aniend Section 553.79, Florida Statutes (2022 HB 423), to exempt from the requirements of the new law all single-family homes that have been designated as historic, regardless of whether the owner consents to the designation, and urge Governor Ron DeSantis to sign such legislation; in order to promote the preservation of historic homes in Miami Beach. PASSED AND ADOPTED this .IV day of Peee44`2022 • ATTEST: _____a/ . �B Dan Gelber, Mayor DEC 6.2022 's ,,rjt� . ` . Rafae . Granado, City Clerk 'IIICORP ORAiED " s, C- . -v, (Sponsored by Commissioner Kristen Rosen Gonzalez) APPROVED AS TO FORM&LANGUAGE FOR .- EXECUTION��CJ 12r1 �Z'L Clty Attortuayuy CMG 2 Resolutions-C7 S MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, CityAttomey DATE: December 14, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO AMEND SECTION 553.79, FLORIDA STATUTES (2022 HOUSE BILL 423), TO EXEMPT FROM THE REQUIREMENTS OF THE NEW LAW ALL SINGLE-FAMILY HOMES THAT HAVE BEEN DESIGNATED AS HISTORIC, REGARDLESS OF WHETHER THE OWNER CONSENTS TO THE DESIGNATION, AND URGING GOVERNOR RON DESANTIS TO SIGN SUCH LEGISLATION, IN ORDER TO PROMOTE THE PRESERVATION OF HISTORIC HOMES IN MIAMI BEACH. ANALYSIS Pursuant to the request of Commissioner Kristen Rosen Gonzalez, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the December 14, 2022 Commission meeting. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Is this a "Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney Sponsor Commissioner Kristen Rosen Gonzalez Page 540 of 952 ATTACHMENTS: Description o Resolution Page 541 of 952