Florida Senate - 2014 CS for SB 1326 By the Committee on Military and Veterans Affairs, Space, and Domestic Security; and Senator Brandes 583-02830-14 20141326c1 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 governmental entity 5 implementing a Flood Insurance Rate Map; amending s. 6 252.34, F.S.; defining the term “state flood risk 7 analysis”; amending s. 252.35, F.S.; revising the 8 duties of the Division of Emergency Management to 9 conform to changes made by the act; creating s. 10 252.441, F.S.; providing legislative findings; 11 requiring the division to contract for a flood risk 12 analysis; prescribing requirements for the risk 13 analysis; requiring the division to award the contract 14 in accordance with competitive solicitation 15 requirements; requiring the division to submit a 16 report of the risk analysis results to the Governor 17 and the Legislature by a specified date; providing 18 that the Legislature may authorize annual updates to 19 the risk analysis; creating s. 252.9335, F.S.; 20 exempting state employees from specified travel 21 expense provisions when traveling under the Emergency 22 Management Assistance Compact pursuant to a request 23 for assistance from another state under certain 24 circumstances; providing appropriations; providing an 25 effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Subsection (14) is added to section 70.001, 30 Florida Statutes, to read: 31 70.001 Private property rights protection.— 32 (14) A cause of action does not exist under this section 33 with respect to an administrative action taken or an ordinance 34 adopted by a governmental entity to implement a Flood Insurance 35 Rate Map issued by the Federal Emergency Management Agency for 36 the purpose of participating in the National Flood Insurance 37 Program unless such administrative action or ordinance 38 incorrectly applies any aspect of the Flood Insurance Rate Map 39 to a property such as, but not limited to, incorrectly assessing 40 the elevation of a property. 41 Section 2. Present subsection (9) of section 252.34, 42 Florida Statutes, is redesignated as subsection (10), and a new 43 subsection (9) is added to that section, to read: 44 252.34 Definitions.—As used in this part, the term: 45 (9) “State flood risk analysis” means the most recently 46 updated flood risk analysis issued by the division pursuant to 47 s. 252.441. 48 Section 3. Present paragraph (y) of subsection (2) of 49 section 252.35, Florida Statutes, is redesignated as paragraph 50 (z), and a new paragraph (y) is added to that subsection, to 51 read: 52 252.35 Emergency management powers; Division of Emergency 53 Management.— 54 (2) The division is responsible for carrying out the 55 provisions of ss. 252.31-252.90. In performing its duties, the 56 division shall: 57 (y) Maintain an updated state flood risk analysis 58 contingent upon funding by the Legislature and make such 59 analysis readily available to the public, and provide assistance 60 through designated personnel to local governments participating 61 in the National Flood Insurance Program Community Rating System. 62 Section 4. Section 252.441, Florida Statutes, is created to 63 read: 64 252.441 State flood risk analysis initiative.— 65 (1) The Legislature finds that passage by Congress of the 66 Biggert-Waters Flood Insurance Reform Act of 2012, Pub. L. No. 67 112-141, requires a complete and specific analysis of flood risk 68 to Florida property owners to ensure the continued availability 69 of flood insurance at affordable rates. Such an analysis could 70 provide important data and insights supporting the entry of 71 private insurance companies into the flood insurance market. 72 (2) The division, in consultation with the Office of 73 Insurance Regulation and the Florida Commission on Hurricane 74 Loss Projection Methodology, shall contract for a state flood 75 risk analysis to evaluate the state’s flood risk. Such analysis 76 shall take into consideration existing vendor models recognized 77 by the insurance industry, Flood Insurance Rate Maps issued by 78 the Federal Emergency Management Agency, and Special Flood 79 Hazard Areas designated by the National Flood Insurance Program 80 (NFIP). The risk analysis must include, but is not limited to, 81 the following: 82 (a) A determination of the extent to which flood insurance 83 premium rates, including observed rate increases in the NFIP as 84 a result of the Biggert-Waters Flood Insurance Reform Act of 85 2012, reasonably reflect the risk of loss to insurers; 86 (b) The identification of the potential of differentiated 87 premium rates based on property location, value, and 88 vulnerability to flood damage; 89 (c) The identification of public policies that would 90 strengthen and support the investment of new private market 91 underwriting capacity in this state’s flood insurance market as 92 the supply of insurance capacity offered approaches the level of 93 demand; 94 (d) A review of publicly available premium rate factor 95 analyses and commentary on their appropriateness relative to the 96 latest available data on property vulnerability, flood risk, and 97 cost of repair or rebuilding; 98 (e) Pilot studies of at least three geographical sample 99 inventory regions representative of construction in coastal 100 regions of this state. Selected sample inventory regions shall 101 be equally representative of urban, suburban, and rural areas 102 that have reliable, comprehensive public domain data available. 103 The pilot study of each selected region must include a detailed 104 data quality assessment of the relevant building stock 105 assessments and quantitative catastrophic storm surge modeling 106 using vendor models recognized by the insurance industry to 107 assess whether current insurance premiums are sufficient to 108 ensure the long-term, sustainable availability of flood 109 insurance at affordable rates; and 110 (f) A comparison of the available models’ technical pricing 111 of risks with those currently required by the NFIP and other 112 insurers, a commentary on possible reasons for any differences, 113 and recommended action to resolve any such differences. 114 (3) The division must award the contract in accordance with 115 the competitive solicitation requirements in chapter 287 to a 116 firm that has experience in natural catastrophe risk modeling, 117 rate analysis consultation services, and transactional services. 118 (4) The division shall submit a comprehensive report of the 119 results of the risk analysis to the Governor, the President of 120 the Senate, and the Speaker of the House of Representatives by 121 February 1, 2015. 122 123 The Legislature may authorize annual updates to the state flood 124 risk analysis contingent upon specific funding in the General 125 Appropriations Act. 126 Section 5. Section 252.9335, Florida Statutes, is created 127 to read: 128 252.9335 Expense reimbursement under compact.—The travel 129 expense reimbursement provisions of s. 112.061 do not apply to 130 an employee of the state traveling under the Emergency 131 Management Assistance Compact when such expenses are reimbursed 132 based on the amount agreed upon in an interstate mutual aid 133 request for assistance. 134 Section 6. The sum of $127,368 is appropriated to the 135 Division of Emergency Management from recurring general revenue 136 for the 2014-2015 fiscal year, which funds shall be used by the 137 division to provide assistance to local governments 138 participating in the National Flood Insurance Program Community 139 Rating System. The sum of $500,000 is appropriated to the 140 division from nonrecurring general revenue for the 2014-2015 141 fiscal year, which funds shall be used to complete the state 142 flood risk analysis under s. 252.441, Florida Statutes, as 143 created by this act. 144 Section 7. This act shall take effect July 1, 2014.