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- .
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(Sponsored by Commissioner Kristen Rosen Gonzalez) APPROVED AS TO
FORM&LANGUAGE
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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