Florida Senate - 2021 SB 1954
By Senator Rodrigues
27-01296A-21 20211954__
1 A bill to be entitled
2 An act relating to statewide flooding and sea-level
3 rise resilience; creating s. 380.093, F.S.; providing
4 legislative intent; defining the term “critical
5 asset”; establishing the Resilient Florida Grant
6 Program within the Department of Environmental
7 Protection; authorizing the department to provide
8 grants to local governments to fund the costs of
9 community resilience planning, subject to
10 appropriation; providing requirements for certain
11 local government vulnerability assessments; requiring
12 the department to complete a comprehensive statewide
13 flood vulnerability and sea-level rise data set and
14 assessment by specified dates; specifying requirements
15 for such data set and assessment; requiring the
16 department to develop a Statewide Flooding and Sea
17 Level Rise Resilience Plan and annually submit the
18 plan to the Governor and Legislature by a specified
19 date; specifying requirements for the plan; requiring
20 water management districts to annually submit proposed
21 projects to the department for inclusion in the plan;
22 specifying requirements for such projects; specifying
23 projects that are ineligible for inclusion in the
24 plan; requiring the department to implement a scoring
25 system for assessing projects submitted by water
26 management districts; limiting the total amount of
27 funding that may be proposed in the plan; requiring
28 the Legislature, upon review and subject to
29 appropriation, to approve funding for projects as
30 specified in the plan; authorizing local governments
31 to create regional resilience coalitions for a
32 specified purpose; authorizing the department to
33 provide funding to the coalitions, subject to
34 appropriation; creating s. 380.0933, F.S.;
35 establishing the Florida Flood Hub for Applied
36 Research and Innovation within the University of South
37 Florida College of Marine Science for a specified
38 purpose; providing duties of the hub; providing for an
39 executive director; requiring the hub to submit an
40 annual report to the Governor and Legislature by a
41 specified date; amending s. 403.928, F.S.; requiring
42 the Office of Economic and Demographic Research to
43 include specified information relating to inland and
44 coastal flood control in certain assessments;
45 providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Section 380.093, Florida Statutes, is created to
50 read:
51 380.093 Statewide Flooding and Sea-Level Rise Resilience
52 Plan.—
53 (1) LEGISLATIVE INTENT.—
54 (a) The Legislature recognizes that this state is
55 particularly vulnerable to adverse impacts of flooding resulting
56 from the increasing frequency and duration of rainfall events,
57 storm surge from more frequent and severe weather systems, and
58 sea-level rise. Such adverse impacts pose economic, social,
59 environmental, and public health and safety challenges to this
60 state. To most effectively address these challenges, funding
61 should be allocated in a manner that prioritizes and addresses
62 the most significant risks.
63 (b) The Legislature further recognizes that the adverse
64 impacts of flooding and sea-level rise affect coastal and inland
65 communities all across this state. Consequently, a coordinated
66 approach is necessary to maximize the benefit of efforts to
67 address such impacts and to improve this state’s resilience to
68 flooding and sea-level rise.
69 (c) The Legislature further recognizes that to effectively
70 and efficiently address and prepare for the adverse impacts of
71 flooding and sea-level rise in this state, it is necessary to
72 conduct a comprehensive statewide assessment of the specific
73 risks posed to this state by flooding and sea-level rise and
74 develop a statewide coordinated approach to addressing such
75 risks.
76 (2) DEFINITION.—As used in this section, the term “critical
77 asset” includes:
78 (a) Transportation assets and evacuation routes, including
79 airports, bridges, bus terminals, ports, major roadways,
80 marinas, rail facilities, and railroad bridges.
81 (b) Critical infrastructure, including wastewater treatment
82 facilities, stormwater treatment facilities, drinking water
83 facilities, electric production and supply facilities, solid and
84 hazardous waste facilities, military installations,
85 communications facilities, and disaster debris management sites.
86 (c) Critical community and emergency facilities, including
87 schools, colleges, universities, community centers, correctional
88 facilities, disaster recovery centers, emergency medical service
89 facilities, emergency operation centers, fire stations, health
90 care facilities, hospitals, law enforcement facilities, local
91 government facilities, logistical staging areas, affordable
92 public housing, risk shelter inventory, and state government
93 facilities.
94 (d) Natural, cultural, and historical resources, including
95 conservation lands, parks, shorelines, surface waters, wetlands,
96 and historical and cultural assets.
97 (3) RESILIENT FLORIDA GRANT PROGRAM.—
98 (a) The Resilient Florida Grant Program is established
99 within the Department of Environmental Protection.
100 (b) Subject to appropriation, the department may provide
101 grants to a county or municipality to fund the costs of
102 community resilience planning, including projects that address
103 the requirements of s. 163.3178(2)(f), vulnerability assessments
104 that identify or address risks of flooding and sea-level rise,
105 and the development of plans and policies that allow communities
106 to prepare for threats from flooding and sea-level rise.
107 (c) A vulnerability assessment conducted pursuant to
108 paragraph (b) must encompass an entire county or municipality
109 and must use the most recent publicly available Digital
110 Elevation Model and dynamic modeling techniques, if available.
111 1. The assessment must include an analysis of the
112 vulnerability of and risks to critical assets, including
113 regionally significant assets, owned or managed by the county or
114 municipality.
115 2. Upon completion of a vulnerability assessment, the
116 county or municipality shall submit to the department the
117 following:
118 a. A report detailing the findings of the assessment.
119 b. All electronic mapping data used to illustrate flooding
120 and sea-level rise impacts identified in the assessment. When
121 submitting such data, the county or municipality shall include:
122 (I) Geotechnical data in an electronic file format suitable
123 for input to the department’s mapping tool.
124 (II) Geographic Information System data that has been
125 projected into the appropriate Florida State Plane Coordinate
126 System and that is suitable for the department’s mapping tool.
127 The county or municipality must also submit metadata using
128 standards prescribed by the department.
129 c. A list of critical assets, including regionally
130 significant assets, that are impacted by flooding and sea-level
131 rise.
132 (d) A vulnerability assessment conducted for a county or
133 municipality subject to the requirements of s. 163.3178(2)(f)
134 must include:
135 1. A peril of flood analysis that addresses the
136 requirements of s. 163.3178(2)(f).
137 2. The depth of sea-level rise, calculated using the North
138 American Vertical Datum of 1988, expected for the county or
139 municipality using, at a minimum, all of the following:
140 a. Two local sea-level rise scenarios, which must equal or
141 exceed the 2017 National Oceanic and Atmospheric Administration
142 intermediate-low and intermediate-high sea-level rise
143 projections.
144 b. At least two planning horizons that must be, at a
145 minimum, 20 years and 50 years from the date of the assessment.
146 c. Local sea-level rise data that has been interpolated
147 between the two closest coastal tide gauges with National
148 Oceanic and Atmospheric Administration sea-level rise data.
149 3. The depth of expected storm surge flooding using Federal
150 Emergency Management Agency storm surge data. The storm surge
151 flood depth used must equal or exceed the 100-year flood event
152 and must be calculated using the North American Vertical Datum
153 of 1988.
154 4. The depth of potential future flooding from combinations
155 of sea-level rise, storm surge, and high tides using, at a
156 minimum, all of the following:
157 a. Two local sea-level rise scenarios, which must equal or
158 exceed the 2017 National Oceanic and Atmospheric Administration
159 intermediate-low and intermediate-high sea-level rise
160 projections.
161 b. At least two planning horizons that must be, at a
162 minimum, 20 years and 50 years from the date of the assessment.
163 c. Local sea-level rise data that has been interpolated
164 between the two closest coastal tide gauges with National
165 Oceanic and Atmospheric Administration sea-level rise data.
166 d. The depth of expected storm surge flooding using Federal
167 Emergency Management Agency storm surge data. The storm surge
168 flood depth used must equal or exceed the 100-year flood event
169 and must be calculated using the North American Vertical Datum
170 of 1988.
171 e. Future high tide flooding, which must be derived using
172 National Oceanic and Atmospheric Administration Technical Report
173 NOS CO-OPS 086.
174 (4) COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA
175 LEVEL RISE DATA SET AND ASSESSMENT.—
176 (a) By July 1, 2022, the department shall complete the
177 development of a comprehensive statewide flood vulnerability and
178 sea-level rise data set sufficient to conduct a comprehensive
179 statewide flood vulnerability and sea-level rise assessment.
180 1. The Chief Science Officer shall, in coordination with
181 necessary experts and resources, develop statewide sea-level
182 rise projections that incorporate temporal and spatial
183 variability, to the extent practicable, for inclusion in the
184 data set.
185 2. The data set must include information necessary to
186 determine the risks to inland and coastal communities, such as
187 elevation, tidal levels, and precipitation.
188 (b) By July 1, 2023, the department shall complete a
189 comprehensive statewide flood vulnerability and sea-level rise
190 assessment that identifies inland and coastal infrastructure,
191 geographic areas, and communities in this state which are
192 vulnerable to flooding and sea-level rise and the associated
193 risks.
194 1. The department shall use the comprehensive statewide
195 flood vulnerability and sea-level rise data set to conduct the
196 assessment.
197 2. The assessment must incorporate local and regional
198 analyses of vulnerabilities and risks.
199 3. The assessment must include an inventory of critical
200 assets, including regionally significant assets, which are
201 essential for critical government and business functions,
202 national security, public health and safety, the economy, flood
203 and storm protection, water quality management, and wildlife
204 habitat management, and must identify and analyze the
205 vulnerability of and risks to such critical assets.
206 (c) The department shall update the comprehensive statewide
207 flood vulnerability and sea-level rise data set and assessment
208 every 3 years. The department may update the data set and
209 assessment more frequently if it determines that updates are
210 necessary to maintain the validity of the data set and
211 assessment.
212 (5) STATEWIDE FLOODING AND SEA-LEVEL RISE RESILIENCE PLAN.—
213 (a) By December 1, 2021, and each December 1 thereafter,
214 the department shall develop a Statewide Flooding and Sea-Level
215 Rise Resilience Plan on a 3-year planning horizon and submit it
216 to the Governor, the President of the Senate, and the Speaker of
217 the House of Representatives. The plan must consist of ranked
218 projects that address risks of flooding and sea-level rise to
219 coastal and inland communities in this state.
220 (b) The plan submitted by December 1, 2021, before the
221 comprehensive statewide flood vulnerability and sea-level rise
222 assessment is completed, will be a preliminary plan that
223 addresses risks of flooding and sea-level rise identified in
224 local government vulnerability assessments. The plan submitted
225 by December 1, 2022, will be an update to the preliminary plan.
226 The plan submitted by December 1, 2023, and each plan submitted
227 by each December 1 thereafter, shall address risks of flooding
228 and sea-level rise identified in the comprehensive statewide
229 flood vulnerability and sea-level rise assessment.
230 (c) Each plan submitted by the department pursuant to this
231 subsection must include the following information for each
232 recommended project:
233 1. A description of the project.
234 2. The location of the project.
235 3. An estimate of how long the project will take to
236 complete.
237 4. An estimate of the cost of the project.
238 5. The cost-share percentage available for the project.
239 6. A summary of the priority score assigned to the project.
240 (d) By September 1, 2021, and each September 1 thereafter,
241 each water management district shall submit to the department a
242 list of proposed projects that mitigate or eliminate risks of
243 flooding or sea-level rise and a corresponding evaluation of
244 each project.
245 1. Local governments and regional entities whose
246 responsibilities include addressing flooding or sea-level rise
247 may submit to the water management district proposed projects
248 that mitigate or eliminate risks of flooding or sea-level rise.
249 2. Water management districts shall evaluate the proposed
250 projects to assess the degree to which the project addresses:
251 a. Threats to critical assets, including regionally
252 significant assets, and reductions of future damage costs.
253 b. Risks identified in local government vulnerability
254 assessments or the comprehensive statewide flood vulnerability
255 and sea-level rise assessment, as applicable.
256 3. Each project submitted by a water management district
257 for consideration by the department for inclusion in the plan
258 must include:
259 a. A description of the project.
260 b. The location of the project.
261 c. An estimate of how long the project will take to
262 complete.
263 d. An estimate of the cost of the project.
264 e. The cost-share percentage available for the project.
265 (e) Each project included in the plan must have a minimum
266 50 percent cost share.
267 (f) To be eligible for inclusion in the plan, a project
268 must address risks to a critical asset identified in a local
269 government vulnerability assessment or the comprehensive
270 statewide flood vulnerability and sea-level rise assessment, as
271 applicable.
272 (g) Projects ineligible for inclusion in the plan include,
273 but are not limited to:
274 1. Aesthetic vegetation.
275 2. Recreational structures such as piers, docks, and
276 boardwalks.
277 3. Water quality components of stormwater and wastewater
278 management systems, except projects to prevent saltwater
279 intrusion.
280 4. Maintenance and repair of over-walks.
281 5. Park activities and facilities, except projects to
282 control flooding or erosion.
283 6. Navigation construction, operation, and maintenance
284 activities.
285 7. Projects that provide only recreational benefits.
286 (h) The department shall implement a scoring system for
287 assessing each project submitted by water management districts
288 for inclusion in the plan. The scoring system must include the
289 following tiers and associated criteria:
290 1. Tier 1 must account for 50 percent of the total score
291 and consist of all of the following criteria:
292 a. The degree to which the project addresses the risks
293 posed by flooding and sea-level rise identified in the local
294 government vulnerability assessments or the comprehensive
295 statewide flood vulnerability and sea-level rise assessment, as
296 applicable.
297 b. The degree to which the project addresses risks to
298 regionally significant assets.
299 c. The degree to which the project reduces risks to areas
300 with an overall higher percentage of vulnerable critical assets.
301 2. Tier 2 must account for 20 percent of the total score
302 and consist of all of the following criteria:
303 a. The availability of local, state, and federal matching
304 funds, considering the cost-share percentage, the status of the
305 funding award, and federal authorization, if applicable.
306 b. Previous state commitment and involvement in the
307 project, considering previously funded phases, the total amount
308 of previous state funding, and previous partial appropriations
309 for the proposed project.
310 c. The overall readiness of the project to proceed in a
311 timely manner, considering the project’s readiness for the
312 construction phase of development, the status of required
313 permits, the status of any needed easement acquisition, and the
314 availability of local funding sources.
315 d. The cost-effectiveness of the project.
316 3. Tier 3 must account for 20 percent of the total score
317 and consist of all of the following criteria:
318 a. The current condition of the project area, including any
319 recent impacts from storm damage.
320 b. The use of practices that reduce losses due to flooding
321 and claims made under flood insurance policies issued in this
322 state.
323 c. The degree to which the project contributes to existing
324 flooding mitigation projects that reduce upland damage costs by
325 incorporating new or enhanced structures or restoration and
326 revegetation projects.
327 d. The exceedance of the flood-resistant construction
328 requirements of the Florida Building Code and applicable flood
329 plain management regulations.
330 4. Tier 4 must account for 10 percent of the total score
331 and consist of all of the following criteria:
332 a. The proposed innovative technologies designed to reduce
333 project costs and provide regional collaboration.
334 b. The environmental habitat enhancement or the inclusion
335 of nature-based options for resilience, prioritizing state or
336 federal critical habitat areas for threatened or endangered
337 species.
338 c. The assistance to financially disadvantaged communities.
339 (i) The total amount of funding proposed in the plan may
340 not exceed $100 million. Upon review and subject to
341 appropriation, the Legislature shall approve funding for the
342 projects as specified in the plan. Multiyear projects that
343 receive funding for the first year of the project must be
344 included in subsequent plans and funded until the project is
345 complete, provided that the project sponsor has complied with
346 all contractual obligations and funds are available.
347 (6) REGIONAL RESILIENCE COALITIONS.—
348 (a) Counties and municipalities may enter into agreements
349 to form regional resilience coalitions for the purpose of
350 planning for the resilience needs of communities and
351 coordinating intergovernmental solutions to mitigate adverse
352 impacts of flooding and sea-level rise.
353 (b) Regional resilience coalitions may provide technical
354 assistance to counties and municipalities in:
355 1. Preparing and conducting vulnerability assessments and
356 developing plans and policies funded by the Resilient Florida
357 Grant Program.
358 2. Developing project proposals to be submitted for
359 inclusion in the Statewide Flooding and Sea-Level Rise
360 Resilience Plan and implementing projects that are approved for
361 funding.
362 (c) Subject to specific legislative appropriation, the
363 department may provide funding to regional resilience coalitions
364 for the purpose of carrying out the duties under this section.
365 Section 2. Section 380.0933, Florida Statutes, is created
366 to read:
367 380.0933 Florida Flood Hub for Applied Research and
368 Innovation.—
369 (1) The Florida Flood Hub for Applied Research and
370 Innovation is established within the University of South Florida
371 College of Marine Science to coordinate efforts between the
372 academic and research institutions of this state. The University
373 of South Florida College of Marine Science will serve as the
374 lead institution and engage other academic and research
375 institutions, private partners, and financial sponsors to
376 coordinate efforts to support applied research and innovation to
377 address the flooding and sea-level rise challenges of this
378 state.
379 (2) The hub shall, at a minimum:
380 (a) Organize existing data needs for a comprehensive
381 statewide flood vulnerability and sea-level rise analysis and
382 perform a gap analysis to determine data needs.
383 (b) Develop statewide open source hydrologic models for
384 physically based flood frequency estimation and real-time
385 forecasting of floods, including hydraulic models of floodplain
386 inundation mapping, real-time compound and tidal flooding
387 forecasts, future groundwater elevation conditions, and economic
388 damage and loss estimates.
389 (c) Coordinate research funds from the state, the federal
390 government, or other funding sources for related hub activities
391 across all participating entities.
392 (d) Establish community-based programs to improve flood
393 monitoring and prediction along major waterways, including
394 intracoastal waterways and coastlines, of this state and to
395 support ongoing flood research.
396 (e) Coordinate with agencies, including, but not limited
397 to, the department and water management districts.
398 (f) Share its resources and expertise.
399 (g) Assist in the development of training and a workforce
400 in this state that is knowledgeable about flood and sea-level
401 rise research, prediction, and adaptation and mitigation
402 strategies.
403 (h) Develop opportunities to partner with other flood and
404 sea-level rise research and innovation leaders for sharing
405 technology or research.
406 (i) Conduct the activities under this subsection in
407 cooperation with various local, state, and federal government
408 entities as well as other flood and sea-level rise research
409 centers.
410 (3) The hub shall employ an executive director.
411 (4) By July 1, 2022, and each July 1 thereafter, the hub
412 shall provide an annual comprehensive report to the Governor,
413 the President of the Senate, and the Speaker of the House of
414 Representatives that outlines its clearly defined goals and its
415 efforts and progress on reaching such goals.
416 Section 3. Subsections (3) through (7) of section 403.928,
417 Florida Statutes, are amended to read:
418 403.928 Assessment of water resources and conservation
419 lands.—The Office of Economic and Demographic Research shall
420 conduct an annual assessment of Florida’s water resources and
421 conservation lands.
422 (3) ASSESSMENT REQUIREMENTS.—The assessment must:
423 (a) shall Include analyses on a statewide, regional, or
424 geographic basis, as appropriate, and shall identify analytical
425 challenges in assessing information across the different regions
426 of this the state.
427 (b)(4) The assessment must Identify any overlap in the
428 expenditures for water resources and conservation lands.
429 (4) INLAND AND COASTAL FLOOD CONTROL.—Beginning with the
430 assessment due by January 1, 2022, the Office of Economic and
431 Demographic Research shall include in the assessment an analysis
432 of future expenditures by federal, state, regional, and local
433 governments required to achieve the Legislature’s intent of
434 minimizing the adverse economic effects of inland and coastal
435 flooding, thereby decreasing the likelihood of severe
436 dislocations or disruptions in the economy and preserving the
437 value of real and natural assets to the extent economically
438 feasible. To the extent possible, the analysis must evaluate the
439 cost of resilience efforts necessary to address inland and
440 coastal flooding associated with sea-level rise, high tide
441 events, storm surge, flash flooding, stormwater runoff, and
442 increased annual precipitation over a 50-year planning horizon.
443 At such time that dedicated revenues are provided in law for
444 these purposes or that recurring expenditures are made, the
445 analysis must also identify the gap, if any, between the
446 estimated revenues and the projected expenditures.
447 (5) ASSESSMENT ASSISTANCE.—
448 (a) The water management districts, the Department of
449 Environmental Protection, the Department of Agriculture and
450 Consumer Services, the Fish and Wildlife Conservation
451 Commission, counties, municipalities, and special districts
452 shall provide assistance to the Office of Economic and
453 Demographic Research related to their respective areas of
454 expertise.
455 (b)(6) The Office of Economic and Demographic Research must
456 be given access to any data held by an agency as defined in s.
457 112.312 if the Office of Economic and Demographic Research
458 considers the data necessary to complete the assessment,
459 including any confidential data.
460 (6)(7) ASSESSMENT SUBMISSION.—The assessment shall be
461 submitted to the President of the Senate and the Speaker of the
462 House of Representatives by January 1, 2017, and by January 1 of
463 each year thereafter.
464 Section 4. This act shall take effect upon becoming a law.