On April 3, 2024, at the request of Commissioner Laura Dominquez, the Mayor and City Commission referred the attached discussion item (C4 X) to the Public Safety and Neighborhood Quality of Life Committee (PSNQLC) to consider a resolution requiring notification via Letter to Commission (LTC) of any demolition permit applications applied for within the City’s historic districts. 

On March 22, 2024, Senate Bill 1526 was signed into law with an immediate effective date. The law prohibits local governments from restricting or preventing the demolition of certain structures located on a property in which all or a portion of such property is seaward of the coastal construction control line. Contributing buildings located within a historic district listed on the National Register of Historic Places prior to January 1, 2000 and buildings individually listed on the National Register of Historic Places are exempt from the law.

The City has fourteen (14) local historic districts, seventeen (17) individually designated local historic sites and four (4) National Register districts. Section 2.13.2 of the Land Development Regulations of the City Code (LDRs) requires a publicly noticed hearing before the Historic Preservation Board (HPB) for the demolition of any structure located within a local historic district or individually designated as a local historic site. 

The new state law now prohibits the City from requiring a property owner to obtain HPB approval prior to the demolition of a building located on a property seaward of the coastal construction control line. This prohibition affects approximately 87 properties, many of which contain multiple buildings and all of which are located along or near the ocean. The following is a summary of the properties exempt from HPB review for demolition:

Ocean Beach Historic District

East side of Ocean Drive between 1^st and 6^th Streets (12 properties).

West side of Ocean Drive between 5^th and 6^th Streets (3 properties).

Collins Waterfront Historic District and Collins Waterfront Architectural District listed on the National Register of Historic Places

East side of Collins Avenue between 22^nd and 43^rd  Streets (32 properties).

Morris Lapidus/ Mid-20^th Century Historic District

East side of Collins between 44^th and 53^rd Streets (15 properties).

North Beach Resort Historic District

East side of Collins Avenue between 63^rd and 71^st  Streets (17 properties).

Harding Townsite/South Altos del Mar Historic District and North Shore Historic District listed on the National Register of Historic Places

West side of Ocean Terrace between 73^rd and 75^th Streets (7 properties).

Bath Club Historic Site

5937 Collins Avenue (1 property).

In the event an application for a demolition permit is submitted for any of the properties identified above, the city can only review the permit for compliance with the Florida Building Code, the Florida Fire Prevention Code, and Life Safety Code. A publicly noticed hearing before the HPB, as well as the approval of the board, will continue to be required prior to the demolition of any structure located in all other historically designated areas and sites in the City.

The proposed discussion contemplates a notification via LTC when a demolition permit application is submitted for any of the exempt properties identified above. Such notification, which would be initiated by the Building Department, would provide a higher level of transparency to all affected parties and the general public.