Florida Senate - 2014                                    SB 1326
       By Senator Brandes
       22-01210C-14                                          20141326__
    1                        A bill to be entitled                      
    2         An act relating to emergency management; amending s.
    3         70.001, F.S.; specifying the availability of a cause
    4         of action with respect to a county implementing a
    5         Flood Insurance Rate Map; amending s. 252.34, F.S.;
    6         defining the term “state flood risk analysis”;
    7         amending s. 252.35, F.S.; revising the duties of the
    8         Division of Emergency Management to conform to changes
    9         made by the act; creating s. 252.441, F.S.; providing
   10         legislative findings; requiring the division to
   11         contract for a flood risk analysis; prescribing
   12         requirements for the risk analysis; requiring the
   13         division to award the contract in accordance with
   14         competitive solicitation requirements; requiring the
   15         division to submit a report of the risk analysis
   16         results to the Governor and the Legislature by a
   17         specified date; providing that completion of the risk
   18         analysis is contingent upon an appropriation;
   19         providing that annual updates to the risk analysis may
   20         be authorized by the Legislature; creating s.
   21         252.9335, F.S.; exempting state employees from
   22         specified travel expense provisions when traveling
   23         under the Emergency Management Assistance Compact
   24         pursuant to a request for assistance from another
   25         state under certain circumstances; providing
   26         appropriations; providing an effective date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Subsection (14) is added to section 70.001,
   31  Florida Statutes, to read:
   32         70.001 Private property rights protection.—
   33         (14) A cause of action does not exist under this section
   34  with respect to an administrative action taken or an ordinance
   35  adopted by a county to implement a Flood Insurance Rate Map
   36  issued by the Federal Emergency Management Agency for the
   37  purpose of participating in the National Flood Insurance Program
   38  unless such administrative action or ordinance incorrectly
   39  applies any aspect of the Flood Insurance Rate Map to a property
   40  in such a way as to, but not limited to, incorrectly assess the
   41  elevation of the property.
   42         Section 2. Present subsection (9) of section 252.34,
   43  Florida Statutes, is redesignated as subsection (10), and a new
   44  subsection (9) is added to that section, to read:
   45         252.34 Definitions.—As used in this part, the term:
   46         (9)“State flood risk analysis” means the most recently
   47  updated flood risk analysis issued by the division pursuant to
   48  s. 252.441.
   49         Section 3. Present paragraph (y) of subsection (2) of
   50  section 252.35, Florida Statutes, is redesignated as paragraph
   51  (z), and a new paragraph (y) is added to that subsection, to
   52  read:
   53         252.35 Emergency management powers; Division of Emergency
   54  Management.—
   55         (2) The division is responsible for carrying out the
   56  provisions of ss. 252.31-252.90. In performing its duties, the
   57  division shall:
   58         (y) Maintain an updated state flood risk analysis
   59  contingent upon funding by the Legislature and make such report
   60  readily available to the public, and provide assistance through
   61  designated personnel to local governments participating in the
   62  National Flood Insurance Program Community Rating System.
   63         Section 4. Section 252.441, Florida Statutes, is created to
   64  read:
   65         252.441 State flood risk analysis initiative.—
   66         (1) The Legislature finds that passage by Congress of the
   67  Biggert-Waters Flood Insurance Reform Act of 2012, Pub. L. No.
   68  112-141, requires a complete and specific analysis of flood risk
   69  to Florida homeowners to ensure the continued availability of
   70  flood insurance at affordable rates. Such an analysis could
   71  provide important data and insights supporting the entry of
   72  private insurance companies into the flood insurance market.
   73         (2) The division shall contract for a state flood risk
   74  analysis to evaluate the state’s flood risk. Such analysis shall
   75  take into consideration existing vendor models recognized by the
   76  insurance industry, Flood Insurance Rate Maps issued by the
   77  Federal Emergency Management Agency, and Special Flood Hazard
   78  Areas designated by the National Flood Insurance Program (NFIP).
   79  The risk analysis must include, but is not limited to, the
   80  following:
   81         (a) A determination of the extent to which flood insurance
   82  premium rates, including observed rate increases in the NFIP as
   83  a result of the Biggert-Waters Flood Insurance Reform Act of
   84  2012, reflect the risk of loss to insurers are reasonable;
   85         (b) The identification of the likelihood of differentiated
   86  premium rates based on property location, value, and
   87  vulnerability to flood damage;
   88         (c) The identification of policies that would strengthen
   89  and support the investment of new private market underwriting
   90  capacity in this state’s flood insurance market as the supply of
   91  insurance capacity offered approaches the level of demand;
   92         (d) A review of publicly available premium rate factor
   93  analyses and commentary on their appropriateness relative to the
   94  latest available data on property vulnerability, flood risk, and
   95  cost of repair or rebuilding;
   96         (e) Selection of at least three geographical sample
   97  inventory regions representative of construction in this state
   98  for a pilot study in coastal regions. Selected sample inventory
   99  regions shall be equally representative between urban, suburban,
  100  and rural areas that have reliable, comprehensive public domain
  101  data available;
  102         (f) A detailed data quality assessment of the relevant
  103  building stock assessments;
  104         (g) Quantitative catastrophic storm surge modeling using
  105  vendor models recognized by the insurance industry to assess if
  106  current insurance premiums are sufficient to ensure the long
  107  term, sustainable availability of flood insurance at affordable
  108  rates; and
  109         (h) A comparison of the model’s technical pricing of risks
  110  with those currently required by the NFIP and other insurers, as
  111  well as commentary on potential reasons for any differences and
  112  recommended action to resolve such differences.
  113         (3) The division must award the contract in accordance with
  114  competitive solicitation requirements in chapter 287 to a firm
  115  that has experience in natural catastrophe risk modeling, rate
  116  analysis consultation services, and transactional services.
  117         (4) The division shall submit a comprehensive report of the
  118  results of the risk analysis to the Governor, the President of
  119  the Senate, and the Speaker of the House of Representatives by
  120  February 1, 2015.
  121         (5) Completion of the risk analysis shall be contingent
  122  upon funding provided in the 2014-2015 General Appropriations
  123  Act. The Legislature may authorize annual updates to the state
  124  flood risk analysis.
  125         Section 5. Section 252.9335, Florida Statutes, is created
  126  to read:
  127         252.9335 Expense reimbursement under compact.—The travel
  128  expense reimbursement provisions of s. 112.061 do not apply to
  129  an employee of the state traveling under the Emergency
  130  Management Assistance Compact when such expenses are reimbursed
  131  based on the amount agreed upon in an interstate mutual aid
  132  request for assistance.
  133         Section 6. The sum of $127,368 is appropriated to the
  134  Division of Emergency Management from recurring general revenue
  135  for the 2014-2015 fiscal year, which funds shall be used by the
  136  division to provide assistance to local governments
  137  participating in the National Flood Insurance Program Community
  138  Rating System. The sum of $500,000 is appropriated to the
  139  division from nonrecurring general revenue for the 2014-2015
  140  fiscal year, which funds shall be used to complete the state
  141  flood risk analysis under s. 252.441, Florida Statutes, as
  142  created by this act.
  143         Section 7. This act shall take effect July 1, 2014.