Florida Senate - 2023 SB 1018 By Senator Trumbull 2-01331A-23 20231018__ 1 A bill to be entitled 2 An act relating to flood damage prevention; providing 3 a short title; creating s. 553.845, F.S.; providing 4 legislative findings; providing definitions; providing 5 voluntary freeboard requirements for all new 6 construction and substantial improvements to existing 7 construction; prohibiting voluntary freeboard from 8 being used in the calculation of the maximum allowable 9 height for certain construction in applicable zoning 10 districts; authorizing local governments to adopt by 11 ordinance a minimum freeboard requirement or a maximum 12 voluntary freeboard that exceeds the minimum 13 requirements in the Florida Building Code or 14 established in the act; requiring the Florida Building 15 Commission to develop and adopt by rule minimum 16 freeboard requirements by a specified date, which 17 shall take immediate effect, and to incorporate such 18 requirements into the next edition of the Florida 19 Building Code; requiring the commission to review the 20 freeboard requirements in the Florida Building Code 21 every 5 years beginning on a specified date and make 22 certain recommendations to the Legislature; providing 23 an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. This act may be cited as the “Flood Damage 28 Prevention Act of 2023.” 29 Section 2. Section 553.845, Florida Statutes, is created to 30 read: 31 553.845 Flood damage prevention.— 32 (1) The Legislature finds that: 33 (a) The state is vulnerable to the adverse effects of 34 flooding resulting from the frequency and intensity of rainfall 35 and an increase in storm surge and sea level rise. These adverse 36 effects pose a significant risk to existing and future 37 structures in the state. 38 (b) Public and private investments in our communities are 39 important for economic growth, and protecting all structures 40 from flooding is essential to maintaining resilient communities. 41 (c) The mitigation of property damage constitutes a valid 42 and recognized objective of the Florida Building Code. 43 (d) It is important to develop a consistent, statewide 44 approach to minimizing flooding in the state to mitigate 45 property damage and encourage continued investment in our 46 communities. 47 (e) Minimum freeboard requirements are critical to 48 addressing the devastating effects of flooding, and delaying the 49 adoption and implementation of such requirements constitutes a 50 threat to the health, safety, and welfare of the state. 51 (2) For purposes of this section, the term: 52 (a) “Coastal high-hazard area” means a special flood hazard 53 area along the coast, as delineated by a Flood Insurance Rate 54 Map issued by the Federal Emergency Management Agency, that has 55 additional hazards due to wind and wave action. 56 (b) “Freeboard” means the additional height, usually 57 expressed as a factor of safety in feet, above the base flood 58 elevation in determining the level at which a structure’s lowest 59 floor or the bottom of the lowest horizontal structural member 60 must be elevated in accordance with floodplain management 61 regulations and the Florida Building Code. If a base flood 62 elevation is not determined for a structure that is not located 63 in a special flood hazard area as designated by a Flood 64 Insurance Rate Map issued by the Federal Emergency Management 65 Agency, the term “freeboard” means the highest adjacent grade at 66 the foundation of a structure. 67 (c) “Maximum allowable height” means the maximum height 68 allowed for a structure in the applicable zoning district. 69 (d) “Substantial improvement” has the meaning as in s. 70 161.54(12). 71 (e) “Voluntary freeboard” means the additional height above 72 the freeboard required by floodplain management regulations and 73 the Florida Building Code. If freeboard is not required by 74 floodplain management regulations and the Florida Building Code, 75 the term “voluntary freeboard” means the additional height above 76 the highest adjacent grade at the foundation of a structure. 77 (3)(a) The maximum voluntary freeboard for all new 78 construction and substantial improvements to existing 79 construction, whether residential, commercial, industrial, or 80 nonresidential, is 4 feet. 81 (b) Within a coastal high-hazard area, the maximum 82 voluntary freeboard for all new construction and substantial 83 improvements to existing construction, whether residential, 84 commercial, industrial, or nonresidential, is 9 feet. 85 (4) For all new construction of a residential structure and 86 substantial improvements to an existing residential structure, 87 including a manufactured home, or an existing commercial, 88 industrial, or nonresidential structure, voluntary freeboard may 89 not be used in the calculation of the maximum allowable height 90 for the structure. 91 (5) A local government may adopt by ordinance a minimum 92 freeboard requirement or a maximum voluntary freeboard that 93 exceeds the requirements in the Florida Building Code or 94 established in this section. 95 (6) The commission shall develop and adopt by rule minimum 96 freeboard requirements by November 1, 2023, which shall take 97 immediate effect, and shall incorporate such requirements into 98 the next edition of the Florida Building Code. 99 (7) Beginning in January 2028, and every 5 years 100 thereafter, the commission shall review the freeboard 101 requirements in the Florida Building Code and make 102 recommendations to the Legislature regarding any necessary 103 revisions to such requirements. 104 Section 3. This act shall take effect July 1, 2023.