Florida Senate - 2017                                     SB 112
       By Senator Brandes
       24-00095B-17                                           2017112__
    1                        A bill to be entitled                      
    2         An act relating to flood hazard mitigation; creating
    3         s. 252.441, F.S.; authorizing the Division of
    4         Emergency Management of the Executive Office of the
    5         Governor to administer a matching grant program for
    6         local governments to implement flood hazard risk
    7         reduction policies and projects; requiring the
    8         division to rank applications for the program;
    9         specifying criteria for prioritizing applications;
   10         establishing limitations on administrative costs and
   11         grant awards; requiring the division to establish a
   12         monitoring system; providing for funding of
   13         administrative costs; providing for reversion and
   14         reallocation of unexpended funds; authorizing the
   15         division to adopt rules; requiring the division to
   16         consult with the Department of Economic Opportunity in
   17         developing ranking criteria; amending s. 380.507,
   18         F.S.; revising the powers of the Florida Communities
   19         Trust to authorize the undertaking, coordination, and
   20         funding of flood mitigation projects; authorizing the
   21         trust to acquire and dispose of real and personal
   22         property to reduce flood hazards; amending s. 380.508,
   23         F.S.; prescribing guidelines for flood mitigation
   24         projects undertaken by the trust; amending s. 380.510,
   25         F.S.; conforming a cross-reference; revising
   26         requirements for agreements for a grant or loan for
   27         land acquisition; providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Section 252.441, Florida Statutes, is created to
   32  read:
   33         252.441 Local government flood hazard risk reduction
   34  assistance.—
   35         (1) The division is authorized to administer a matching
   36  grant program to provide up to $50 million annually in technical
   37  and financial assistance, subject to appropriation, to local
   38  governments to implement flood hazard risk reduction policies
   39  and projects consistent with the conservation and coastal
   40  management elements of a local government comprehensive plan
   41  required under s. 163.3178, an approved local hazard mitigation
   42  plan, or an adaptation action plan. Funds for the matching grant
   43  program shall be appropriated from the Land Acquisition Trust
   44  Fund within the Department of Environmental Protection.
   45         (2)The division shall rank each application for assistance
   46  and shall give priority to:
   47         (a) Projects that provide the greatest potential scoring
   48  improvement under the National Flood Insurance Program Community
   49  Rating System (CRS);
   50         (b) Projects that propose the acquisition of flood-prone
   51  property for conversion to open space and flood control purposes
   52  in perpetuity, or the development of natural or green
   53  infrastructure, to reduce the risk of flooding;
   54         (c) Applications submitted by local governments that have
   55  experienced a significant increase in National Flood Insurance
   56  Program premiums during the preceding 5 years;
   57         (d) Projects that will protect the greatest number of
   58  structures from frequent flooding;
   59         (e) Applications that provide for a greater amount of in
   60  kind or matching funds;
   61         (f) Applications submitted by local governments that
   62  participate in the CRS, or that have been determined eligible to
   63  participate in the CRS by the division or the Federal Emergency
   64  Management Agency and are actively pursuing participation in the
   65  system, and where the funds may advance the community CRS Class
   66  Rating;
   67         (g) Projects that address the most critical flood hazard
   68  risk reduction needs; and
   69         (h)Applications demonstrating that the local governments
   70  may implement flood hazard risk reduction policies and projects
   71  using less than 8 percent of awarded funds for administrative
   72  costs.
   73         (3) A recipient may not spend more than 8 percent of grant
   74  funds on administrative costs.
   75         (4) The maximum grant award to an applicant is $5 million
   76  during any single calendar year unless a higher amount is
   77  approved by the Legislative Budget Commission.
   78         (5)The division shall establish a system to monitor
   79  grants, including site visits, to ensure the proper expenditure
   80  of funds and compliance with the conditions of the recipient’s
   81  contract throughout the duration of the project.
   82         (6) Beginning for the 2017-2018 fiscal year and each year
   83  thereafter, there shall be appropriated from the Land
   84  Acquisition Trust Fund within the Department of Environmental
   85  Protection to the Emergency Management, Preparedness, and
   86  Assistance Trust Fund, a sum not to exceed $820,000 in
   87  nonrecurring funds, based on the amount of authorized annual
   88  funding and continuing active funded projects, to fund
   89  administrative costs for implementing the grant program.
   90         (7) The division may award funds to a recipient for up to 3
   91  years. If a recipient does not use awarded funds within the
   92  specified timeframe, such funds shall revert to the Emergency
   93  Management, Preparedness, and Assistance Trust Fund and be
   94  reallocated to support subsequent year funding or to supplement
   95  funded projects with unavoidable cost overruns, if annually
   96  approved through legislative budget requests.
   97         (8) The division may adopt rules to administer this section
   98  which specify allowable project types, match requirements, award
   99  conditions, requirements to maintain property in perpetuity, the
  100  application of project ranking criteria, and other provisions
  101  deemed necessary to implement the grant program. The division
  102  shall consult with the Department of Economic Opportunity in
  103  developing ranking criteria for project selection.
  104         Section 2. Subsections (2) and (4) of section 380.507,
  105  Florida Statutes, are amended to read:
  106         380.507 Powers of the trust.—The trust shall have all the
  107  powers necessary or convenient to carry out the purposes and
  108  provisions of this part, including:
  109         (2) To undertake, coordinate, or fund activities and
  110  projects that which will help bring local comprehensive plans
  111  into compliance and help implement the goals, objectives, and
  112  policies of the conservation, recreation and open space, and
  113  coastal elements of local comprehensive plans, or that which
  114  will otherwise serve to conserve natural resources and resolve
  115  land use conflicts, including, but not limited to:
  116         (a) Redevelopment projects.
  117         (b) Resource enhancement projects.
  118         (c) Flood mitigation projects.
  119         (d)(c) Public access projects.
  120         (e)(d) Urban waterfront restoration projects.
  121         (f)(e) Site reservation.
  122         (g)(f) Urban greenways and open space projects.
  123         (h)(g) Working waterfronts.
  124         (i)(h) Projects that provide accessibility, availability,
  125  or adaptability of conservation or recreation lands for
  126  individuals with unique abilities. The term “projects that
  127  provide recreational enhancements and opportunities for
  128  individuals with unique abilities” means those projects that
  129  incorporate adaptations or modifications to the design and
  130  development of recreational resources or equipment to meet the
  131  needs of all potential participants including those with
  132  physical or developmental disabilities. This paragraph expires
  133  July 1, 2017.
  134         (4) To acquire and dispose of real and personal property or
  135  any interest therein when necessary or appropriate to protect
  136  the natural environment, provide public access or public
  137  recreational facilities, including the Florida National Scenic
  138  Trail, preserve wildlife habitat areas, provide access for
  139  managing acquired lands, reduce flood hazards, or otherwise
  140  carry out the purposes of this part. If the trust acquires land
  141  for permanent state ownership, title to such land shall be
  142  vested in the Board of Trustees of the Internal Improvement
  143  Trust Fund; otherwise, title to property acquired in partnership
  144  with a county or municipality shall vest in the name of the
  145  local government. Notwithstanding any other provision of law,
  146  the trust may enter into an option agreement to purchase lands
  147  included in projects approved according to this part, when
  148  necessary to reserve lands during the preparation of project
  149  plans and during acquisition proceedings. The consideration for
  150  an option shall not exceed $100,000.
  151         Section 3. Present paragraphs (c) through (f) of subsection
  152  (4) of section 380.508, Florida Statutes, are redesignated as
  153  paragraphs (d) through (g), respectively, and a new paragraph
  154  (c) is added to that subsection, to read:
  155         380.508 Projects; development, review, and approval.—
  156         (4) Projects or activities which the trust undertakes,
  157  coordinates, or funds in any manner shall comply with the
  158  following guidelines:
  159         (c) The purpose of flood mitigation projects aimed at
  160  improving a community’s class rating under the National Flood
  161  Insurance Program Community Rating System shall be:
  162         1. To acquire interests in lands designated as severe
  163  repetitive loss properties within coastal flood zones “V,” “VE,
  164  and “V1-30,” as designated by the Federal Emergency Management
  165  Agency, which are suitable for enhancing beach and coastal
  166  access for the public, creating public parks, establishing open
  167  space and flood control purposes in perpetuity, development of
  168  natural or green infrastructure, and providing flood control; or
  169         2. To provide technical and financial assistance to local
  170  governments to implement flood risk reduction policies and
  171  projects consistent with the coastal element of the local
  172  government comprehensive plan required under s. 163.3178, an
  173  approved local hazard mitigation plan, or an adaptation action
  174  plan.
  176  Project costs may include costs of providing parks, open space,
  177  public access sites, scenic easements, and other areas and
  178  facilities serving the public where such features are part of a
  179  project plan approved according to this part. In undertaking or
  180  coordinating projects or activities authorized by this part, the
  181  trust shall, when appropriate, use and promote the use of
  182  creative land acquisition methods, including the acquisition of
  183  less than fee interest through, among other methods,
  184  conservation easements, transfer of development rights, leases,
  185  and leaseback arrangements. The trust shall assist local
  186  governments in the use of sound alternative methods of financing
  187  for funding projects and activities authorized under this part.
  188  Any funds over and above eligible project costs, which remain
  189  after completion of a project approved according to this part,
  190  shall be transmitted to the state and deposited into the Florida
  191  Forever Trust Fund.
  192         Section 4. Paragraph (d) of subsection (3) of section
  193  380.510, Florida Statutes, is amended, and paragraph (f) is
  194  added to that subsection, to read:
  195         380.510 Conditions of grants and loans.—
  196         (3) In the case of a grant or loan for land acquisition,
  197  agreements shall provide all of the following:
  198         (d) If any essential term or condition of a grant or loan
  199  is violated, title to all interest in real property acquired
  200  with state funds shall be conveyed or revert to the Board of
  201  Trustees of the Internal Improvement Trust Fund. The trust shall
  202  treat such property in accordance with s. 380.508(4)(g) s.
  203  380.508(4)(f).
  204         (f) Land acquired for flood mitigation projects must be
  205  maintained strictly for flood mitigation purposes or
  206  conservation purposes. Conveyance of such lands to private
  207  entities must contain conditions, covenants, restrictions, or
  208  other provisions that ensure that the land will be maintained
  209  for flood mitigation or conservation purposes.
  211  Any deed or other instrument of conveyance whereby a nonprofit
  212  organization or local government acquires real property under
  213  this section shall set forth the interest of the state. The
  214  trust shall keep at least one copy of any such instrument and
  215  shall provide at least one copy to the Board of Trustees of the
  216  Internal Improvement Trust Fund.
  217         Section 5. This act shall take effect July 1, 2017.