92-20 (2)RESOLUTION NO. 92 -20
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, TO THE
FLORIDA LEGISLATURE AND THE GOVERNOR OF FLORIDA URGING
THE ENACTMENT OF HOUSE BILL 101 OR ITS COMPANION, SENATE
BILL 1080, RELATING TO COASTAL BUILDING ZONE
CONSTRUCTION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 161.54, Florida Statutes, relating to construction in the
coastal building zone, defines "substantial improvement" so as to limit the cost
of any repair, reconstruction, or improvement of a structure to a "cumulative
total" of fifty (50) per cent of the market value of the structure before the
start of construction of the improvement, or the occurrence of damage to a
structure, but the statute fails to define "cumulative total;" and
WHEREAS, "cumulative total" as used in the definition of "substantial
improvement" has been informally understood to mean "during the life of the
structure," but that meaning is not derived from any rule adopted pursuant to the
Florida Administrative Procedures Act; and
WHEREAS, the federal definition of "substantial improvement" for the
purposes of the national flood insurance program contains no similar limitation;
and
WHEREAS, the Clearwater City Commission has found that the enforcement of
a flood protection ordinance with a "life of the structure" limitation on repairs
and improvements to buildings in the coastal building zone within the city would
impose an unnecessary hardship upon property owners, and will operate over time
to impair the ability of property owners to maintain their properties to
acceptable levels of maintenance, to the detriment of the individual properties,
their neighborhoods, and the community at large; and
WHEREAS, House Bill 101 and its companion, Senate Bill 1080, as amended in
committee during the 1992 legislative session, address the problem by redefining
"substantial improvement" such that costs of repairs and improvement are to be
accounted for during a five -year period, rather than for the life of the
structure; and
WHEREAS, the five -year rule in the proposed legislation is consistent with
federal law, will greatly reduce the hardship imposed upon property owners, will
enable property owners to maintain their properties, and will allow local
governments to enforce flood protection ordinances more fairly and equitably;
now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission of the City of Clearwater declares its
support for House Bill 101 and its companion, Senate Bill 1080, and urges the
Florida Legislature and the Governor of Florida to enact the bill and sign it
into law.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 6th day of February, 1992.
Attest:
1
C is E. Goudeau Ri a Garvey
Ci`t Clerk Mayor- Commissioner
2
F;2 AD