Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1326
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2014           .                                

       Domestic Security (Evers) recommended the following:
    1         Senate Amendment (with title amendment)
    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.
   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.
  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.