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.
   27  Be It Enacted by the Legislature of the State of Florida:
   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.
  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.