Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 1326
Ì475134!Î475134
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/20/2014 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Domestic Security (Evers) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (14) is added to section 70.001,
6 Florida Statutes, to read:
7 70.001 Private property rights protection.—
8 (14) A cause of action does not exist under this section
9 with respect to an administrative action taken or an ordinance
10 adopted by a governmental entity to implement a Flood Insurance
11 Rate Map issued by the Federal Emergency Management Agency for
12 the purpose of participating in the National Flood Insurance
13 Program unless such administrative action or ordinance
14 incorrectly applies any aspect of the Flood Insurance Rate Map
15 to a property such as, but not limited to, incorrectly assessing
16 the elevation of a property.
17 Section 2. Present subsection (9) of section 252.34,
18 Florida Statutes, is redesignated as subsection (10), and a new
19 subsection (9) is added to that section, to read:
20 252.34 Definitions.—As used in this part, the term:
21 (9) “State flood risk analysis” means the most recently
22 updated flood risk analysis issued by the division pursuant to
23 s. 252.441.
24 Section 3. Present paragraph (y) of subsection (2) of
25 section 252.35, Florida Statutes, is redesignated as paragraph
26 (z), and a new paragraph (y) is added to that subsection, to
27 read:
28 252.35 Emergency management powers; Division of Emergency
29 Management.—
30 (2) The division is responsible for carrying out the
31 provisions of ss. 252.31-252.90. In performing its duties, the
32 division shall:
33 (y) Maintain an updated state flood risk analysis
34 contingent upon funding by the Legislature and make such
35 analysis readily available to the public, and provide assistance
36 through designated personnel to local governments participating
37 in the National Flood Insurance Program Community Rating System.
38 Section 4. Section 252.441, Florida Statutes, is created to
39 read:
40 252.441 State flood risk analysis initiative.—
41 (1) The Legislature finds that passage by Congress of the
42 Biggert-Waters Flood Insurance Reform Act of 2012, Pub. L. No.
43 112-141, requires a complete and specific analysis of flood risk
44 to Florida property owners to ensure the continued availability
45 of flood insurance at affordable rates. Such an analysis could
46 provide important data and insights supporting the entry of
47 private insurance companies into the flood insurance market.
48 (2) The division, in consultation with the Office of
49 Insurance Regulation and the Florida Commission on Hurricane
50 Loss Projection Methodology, shall contract for a state flood
51 risk analysis to evaluate the state’s flood risk. Such analysis
52 shall take into consideration existing vendor models recognized
53 by the insurance industry, Flood Insurance Rate Maps issued by
54 the Federal Emergency Management Agency, and Special Flood
55 Hazard Areas designated by the National Flood Insurance Program
56 (NFIP). The risk analysis must include, but is not limited to,
57 the following:
58 (a) A determination of the extent to which flood insurance
59 premium rates, including observed rate increases in the NFIP as
60 a result of the Biggert-Waters Flood Insurance Reform Act of
61 2012, reasonably reflect the risk of loss to insurers;
62 (b) The identification of the potential of differentiated
63 premium rates based on property location, value, and
64 vulnerability to flood damage;
65 (c) The identification of public policies that would
66 strengthen and support the investment of new private market
67 underwriting capacity in this state’s flood insurance market as
68 the supply of insurance capacity offered approaches the level of
69 demand;
70 (d) A review of publicly available premium rate factor
71 analyses and commentary on their appropriateness relative to the
72 latest available data on property vulnerability, flood risk, and
73 cost of repair or rebuilding;
74 (e) Pilot studies of at least three geographical sample
75 inventory regions representative of construction in coastal
76 regions of this state. Selected sample inventory regions shall
77 be equally representative of urban, suburban, and rural areas
78 that have reliable, comprehensive public domain data available.
79 The pilot study of each selected region must include a detailed
80 data quality assessment of the relevant building stock
81 assessments and quantitative catastrophic storm surge modeling
82 using vendor models recognized by the insurance industry to
83 assess whether current insurance premiums are sufficient to
84 ensure the long-term, sustainable availability of flood
85 insurance at affordable rates; and
86 (f) A comparison of the available models’ technical pricing
87 of risks with those currently required by the NFIP and other
88 insurers, a commentary on possible reasons for any differences,
89 and recommended action to resolve any such differences.
90 (3) The division must award the contract in accordance with
91 the competitive solicitation requirements in chapter 287 to a
92 firm that has experience in natural catastrophe risk modeling,
93 rate analysis consultation services, and transactional services.
94 (4) The division shall submit a comprehensive report of the
95 results of the risk analysis to the Governor, the President of
96 the Senate, and the Speaker of the House of Representatives by
97 February 1, 2015.
98
99 The Legislature may authorize annual updates to the state flood
100 risk analysis contingent upon specific funding in the General
101 Appropriations Act.
102 Section 5. Section 252.9335, Florida Statutes, is created
103 to read:
104 252.9335 Expense reimbursement under compact.—The travel
105 expense reimbursement provisions of s. 112.061 do not apply to
106 an employee of the state traveling under the Emergency
107 Management Assistance Compact when such expenses are reimbursed
108 based on the amount agreed upon in an interstate mutual aid
109 request for assistance.
110 Section 6. The sum of $127,368 is appropriated to the
111 Division of Emergency Management from recurring general revenue
112 for the 2014-2015 fiscal year, which funds shall be used by the
113 division to provide assistance to local governments
114 participating in the National Flood Insurance Program Community
115 Rating System. The sum of $500,000 is appropriated to the
116 division from nonrecurring general revenue for the 2014-2015
117 fiscal year, which funds shall be used to complete the state
118 flood risk analysis under s. 252.441, Florida Statutes, as
119 created by this act.
120 Section 7. This act shall take effect July 1, 2014.
121
122 ================= T I T L E A M E N D M E N T ================
123 And the title is amended as follows:
124 Delete everything before the enacting clause
125 and insert:
126 A bill to be entitled
127 An act relating to emergency management; amending s.
128 70.001, F.S.; specifying the availability of a cause
129 of action with respect to a governmental entity
130 implementing a Flood Insurance Rate Map; amending s.
131 252.34, F.S.; defining the term “state flood risk
132 analysis”; amending s. 252.35, F.S.; revising the
133 duties of the Division of Emergency Management to
134 conform to changes made by the act; creating s.
135 252.441, F.S.; providing legislative findings;
136 requiring the division to contract for a flood risk
137 analysis; prescribing requirements for the risk
138 analysis; requiring the division to award the contract
139 in accordance with competitive solicitation
140 requirements; requiring the division to submit a
141 report of the risk analysis results to the Governor
142 and the Legislature by a specified date; providing
143 that the Legislature may authorize annual updates to
144 the risk analysis; creating s. 252.9335, F.S.;
145 exempting state employees from specified travel
146 expense provisions when traveling under the Emergency
147 Management Assistance Compact pursuant to a request
148 for assistance from another state under certain
149 circumstances; providing appropriations; providing an
150 effective date.