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Florida Bills Put Tens Of Thousands Of Historic Properties At Risk Of Demolition

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Ocean Drive on Miami Beach, where state legislation could eliminate local government's ability to protect historic properties from demolition.

A pair of bills quickly moving through the Florida state legislature could open up tens of thousands of historic properties across the state to demolition by stripping local governments of authority to preserve buildings from redevelopment.

The bills, SB 1371 and HB 1346, would block local governments from prohibiting the demolition of any property that is within a half-mile of the coast or within flood zones and fails to meet federal standards for new construction, the Miami Herald reported. It would also eliminate public hearing requirements for demolition requests and would block local governments from limiting the size of replacement buildings. 

If passed and signed into law, the legislation would apply to tens of thousands of properties across the state with protections under local ordinances to potential demolition and redevelopment, including the art deco hotel district on Miami Beach’s Ocean Drive, Key West’s Old Town and in the town of Palm Beach.

Two Republicans, state Sen. Bryan Avila, who represents a section of Miami-Dade County, and Rep. Spencer Roach, who represents parts of Fort Myers, are the sponsors of the bills and told the Herald the legislation is “narrowly tailored” to ease the way for the construction of safer buildings. Critics, including local officials in many of the state’s coastal jurisdictions, say the bill would give property owners the right to demolish any building for any reason and without public disclosure. 

“This is a very dangerous bill, and it is full-steam ahead,” Miami Beach Commissioner Alex Fernandez told the Herald. “It is a train that is going to wreck our historic districts. It has nothing to do with resiliency. It has to do with the resiliency of the profits of big developers. Building bigger buildings does not do anything for resiliency. This bill is all about circumventing our historic preservation regulations. That could not be more clear.”

Preservation activists in Miami Beach said they suspected that developers frustrated with the city’s strict rules could have pushed for the bill from behind the scenes. 

Last Election Day, Miami Beach voters rejected a proposal from Related Cos. to replace the historic Deauville hotel with a two-tower luxury condo development, despite Related Chairman Stephen Ross, the owner of the Miami Dolphins, pouring $1M into a political action committee to build support for the project. The Deauville, which had fallen into disrepair, was demolished less than a week after the election.

Miami-based 13th Floor Investments donated $10K to Avila's political action committee a day before he introduced the bill, the Herald reports. The developer, which owns properties in Miami Beach's historic district, gave $10K to Roach three days later. A spokesperson for 13th Floor told the Herald the donations and bills were unrelated. Nonetheless, Roach conceded that “property owners all over the state, including in my county, are going to see an opportunity with this, as well they should.”

The bills, which have been advancing through committees with bipartisan support, could be voted on next week, per the Herald.