Florida Senate - 2021 CS for SB 1954
By the Committee on Environment and Natural Resources; and
Senators Rodrigues and Garcia
1 A bill to be entitled
2 An act relating to statewide flooding and sea-level
3 rise resilience; creating s. 380.093, F.S.; providing
4 legislative intent; defining terms; establishing the
5 Resilient Florida Grant Program within the Department
6 of Environmental Protection; authorizing the
7 department to provide grants to local governments to
8 fund the costs of community resilience planning,
9 subject to appropriation; providing requirements for
10 certain local government vulnerability assessments;
11 requiring the department to notify the Legislature
12 when specifically referenced sources or standards are
13 updated or replaced; requiring the department to
14 complete a comprehensive statewide flood vulnerability
15 and sea-level rise data set and assessment by
16 specified dates; specifying requirements for such data
17 set and assessment; requiring the department to
18 develop a Statewide Flooding and Sea-Level Rise
19 Resilience Plan and annually submit the plan to the
20 Governor and Legislature by a specified date;
21 specifying requirements for the plan; requiring water
22 management districts to annually submit proposed
23 projects to the department for inclusion in the plan;
24 specifying requirements for such projects; specifying
25 projects that are ineligible for inclusion in the
26 plan; requiring the department to implement a scoring
27 system for assessing projects submitted by water
28 management districts; limiting the total amount of
29 funding that may be proposed in the plan; requiring
30 the Legislature, upon review and subject to
31 appropriation, to approve funding for projects as
32 specified in the plan; authorizing local governments
33 to create regional resilience coalitions for a
34 specified purpose; authorizing the department to
35 provide funding to the coalitions, subject to
36 appropriation; creating s. 380.0933, F.S.;
37 establishing the Florida Flood Hub for Applied
38 Research and Innovation within the University of South
39 Florida College of Marine Science for a specified
40 purpose; providing duties of the hub; providing for an
41 executive director; requiring the hub to submit an
42 annual report to the Governor and Legislature by a
43 specified date; amending s. 403.928, F.S.; requiring
44 the Office of Economic and Demographic Research to
45 include specified information relating to inland and
46 coastal flood control in certain assessments;
47 providing an effective date.
49 Be It Enacted by the Legislature of the State of Florida:
51 Section 1. Section 380.093, Florida Statutes, is created to
53 380.093 Statewide Flooding and Sea-Level Rise Resilience
55 (1) LEGISLATIVE INTENT.—
56 (a) The Legislature recognizes that this state is
57 particularly vulnerable to adverse impacts of flooding resulting
58 from the increasing frequency and duration of rainfall events,
59 storm surge from more frequent and severe weather systems, and
60 sea-level rise. Such adverse impacts pose economic, social,
61 environmental, and public health and safety challenges to this
62 state. To most effectively address these challenges, funding
63 should be allocated in a manner that prioritizes and addresses
64 the most significant risks.
65 (b) The Legislature further recognizes that the adverse
66 impacts of flooding and sea-level rise affect coastal and inland
67 communities all across this state. Consequently, a coordinated
68 approach is necessary to maximize the benefit of efforts to
69 address such impacts and to improve this state’s resilience to
70 flooding and sea-level rise.
71 (c) The Legislature further recognizes that to effectively
72 and efficiently address and prepare for the adverse impacts of
73 flooding and sea-level rise in this state, it is necessary to
74 conduct a comprehensive statewide assessment of the specific
75 risks posed to this state by flooding and sea-level rise and
76 develop a statewide coordinated approach to addressing such
78 (2) DEFINITIONS.—As used in this section, the term:
79 (a) “Critical asset” includes:
80 1. Transportation assets and evacuation routes, including
81 airports, bridges, bus terminals, ports, major roadways,
82 marinas, rail facilities, and railroad bridges.
83 2. Critical infrastructure, including wastewater treatment
84 facilities, stormwater treatment facilities, drinking water
85 facilities, electric production and supply facilities, solid and
86 hazardous waste facilities, military installations,
87 communications facilities, and disaster debris management sites.
88 3. Critical community and emergency facilities, including
89 schools, colleges, universities, community centers, correctional
90 facilities, disaster recovery centers, emergency medical service
91 facilities, emergency operations centers, fire stations, health
92 care facilities, hospitals, law enforcement facilities, local
93 government facilities, logistical staging areas, affordable
94 public housing, risk shelter inventory, and state government
96 4. Natural, cultural, and historical resources, including
97 conservation lands, parks, shorelines, surface waters, wetlands,
98 and historical and cultural assets.
99 (b) “Department” means the Department of Environmental
101 (3) RESILIENT FLORIDA GRANT PROGRAM.—
102 (a) The Resilient Florida Grant Program is established
103 within the department.
104 (b) Subject to appropriation, the department may provide
105 grants to a county or municipality to fund the costs of
106 community resilience planning, including projects that address
107 the requirements of s. 163.3178(2)(f), vulnerability assessments
108 that identify or address risks of flooding and sea-level rise,
109 and the development of plans and policies that allow communities
110 to prepare for threats from flooding and sea-level rise.
111 (c) A vulnerability assessment conducted pursuant to
112 paragraph (b) must encompass an entire county or municipality
113 and must use the most recent publicly available digital
114 elevation model and dynamic modeling techniques, if available.
115 1. The assessment must include an analysis of the
116 vulnerability of and risks to critical assets, including
117 regionally significant assets, owned or managed by the county or
119 2. Upon completion of a vulnerability assessment, the
120 county or municipality shall submit to the department the
122 a. A report detailing the findings of the assessment.
123 b. All electronic mapping data used to illustrate flooding
124 and sea-level rise impacts identified in the assessment. When
125 submitting such data, the county or municipality shall include:
126 (I) Geotechnical data in an electronic file format suitable
127 for input to the department’s mapping tool.
128 (II) Geographic information system data that has been
129 projected into the appropriate Florida State Plane Coordinate
130 System and that is suitable for the department’s mapping tool.
131 The county or municipality must also submit metadata using
132 standards prescribed by the department.
133 c. A list of critical assets, including regionally
134 significant assets, that are impacted by flooding and sea-level
136 (d) A vulnerability assessment conducted for a county or
137 municipality subject to the requirements of s. 163.3178(2)(f)
138 must include:
139 1. A peril of flood analysis that addresses the
140 requirements of s. 163.3178(2)(f).
141 2. The depth of sea-level rise, calculated using the North
142 American Vertical Datum of 1988, expected for the county or
143 municipality using, at a minimum, all of the following:
144 a. Two local sea-level rise scenarios, which must equal or
145 exceed the 2017 National Oceanic and Atmospheric Administration
146 intermediate-low and intermediate-high sea-level rise
148 b. At least two planning horizons that must be, at a
149 minimum, 20 years and 50 years from the date of the assessment.
150 c. Local sea-level rise data that has been interpolated
151 between the two closest coastal tide gauges with National
152 Oceanic and Atmospheric Administration sea-level rise data.
153 3. The depth of expected storm surge flooding using Federal
154 Emergency Management Agency storm surge data. The storm surge
155 flood depth used must equal or exceed the 100-year flood event
156 and must be calculated using the North American Vertical Datum
157 of 1988.
158 4. The depth of potential future flooding from combinations
159 of sea-level rise, storm surge, and high tides using, at a
160 minimum, all of the following:
161 a. Two local sea-level rise scenarios, which must equal or
162 exceed the 2017 National Oceanic and Atmospheric Administration
163 intermediate-low and intermediate-high sea-level rise
165 b. At least two planning horizons that must be, at a
166 minimum, 20 years and 50 years from the date of the assessment.
167 c. Local sea-level rise data that has been interpolated
168 between the two closest coastal tide gauges with National
169 Oceanic and Atmospheric Administration sea-level rise data.
170 d. The depth of expected storm surge flooding using Federal
171 Emergency Management Agency storm surge data. The storm surge
172 flood depth used must equal or exceed the 100-year flood event
173 and must be calculated using the North American Vertical Datum
174 of 1988.
175 e. Future high tide flooding, which must be derived using
176 National Oceanic and Atmospheric Administration Technical Report
177 NOS CO-OPS 086.
178 (e) The department shall submit written notification to the
179 President of the Senate and the Speaker of the House of
180 Representatives when any scientific source or standard
181 specifically referenced in this subsection is updated or
182 replaced with a subsequent source or standard. Such written
183 notification shall be submitted within 30 days of the department
184 learning of an update or replacement.
185 (4) COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA
186 LEVEL RISE DATA SET AND ASSESSMENT.—
187 (a) By July 1, 2022, the department shall complete the
188 development of a comprehensive statewide flood vulnerability and
189 sea-level rise data set sufficient to conduct a comprehensive
190 statewide flood vulnerability and sea-level rise assessment.
191 1. The Chief Science Officer shall, in coordination with
192 necessary experts and resources, develop statewide sea-level
193 rise projections that incorporate temporal and spatial
194 variability, to the extent practicable, for inclusion in the
195 data set.
196 2. The data set must include information necessary to
197 determine the risks to inland and coastal communities, such as
198 elevation, tidal levels, and precipitation.
199 (b) By July 1, 2023, the department shall complete a
200 comprehensive statewide flood vulnerability and sea-level rise
201 assessment that identifies inland and coastal infrastructure,
202 geographic areas, and communities in this state which are
203 vulnerable to flooding and sea-level rise and the associated
205 1. The department shall use the comprehensive statewide
206 flood vulnerability and sea-level rise data set to conduct the
208 2. The assessment must incorporate local and regional
209 analyses of vulnerabilities and risks.
210 3. The assessment must include an inventory of critical
211 assets, including regionally significant assets, which are
212 essential for critical government and business functions,
213 national security, public health and safety, the economy, flood
214 and storm protection, water quality management, and wildlife
215 habitat management, and must identify and analyze the
216 vulnerability of and risks to such critical assets.
217 (c) The department shall update the comprehensive statewide
218 flood vulnerability and sea-level rise data set and assessment
219 every 3 years. The department may update the data set and
220 assessment more frequently if it determines that updates are
221 necessary to maintain the validity of the data set and
223 (5) STATEWIDE FLOODING AND SEA-LEVEL RISE RESILIENCE PLAN.—
224 (a) By December 1, 2021, and each December 1 thereafter,
225 the department shall develop a Statewide Flooding and Sea-Level
226 Rise Resilience Plan on a 3-year planning horizon and submit it
227 to the Governor, the President of the Senate, and the Speaker of
228 the House of Representatives. The plan must consist of ranked
229 projects that address risks of flooding and sea-level rise to
230 coastal and inland communities in this state.
231 (b) The plan submitted by December 1, 2021, before the
232 comprehensive statewide flood vulnerability and sea-level rise
233 assessment is completed, will be a preliminary plan that
234 addresses risks of flooding and sea-level rise identified in
235 local government vulnerability assessments. The plan submitted
236 by December 1, 2022, will be an update to the preliminary plan.
237 The plan submitted by December 1, 2023, and each plan submitted
238 by each December 1 thereafter, shall address risks of flooding
239 and sea-level rise identified in the comprehensive statewide
240 flood vulnerability and sea-level rise assessment.
241 (c) Each plan submitted by the department pursuant to this
242 subsection must include the following information for each
243 recommended project:
244 1. A description of the project.
245 2. The location of the project.
246 3. An estimate of how long the project will take to
248 4. An estimate of the cost of the project.
249 5. The cost-share percentage available for the project.
250 6. A summary of the priority score assigned to the project.
251 (d) By September 1, 2021, and each September 1 thereafter,
252 each water management district shall submit to the department a
253 list of proposed projects that mitigate or eliminate risks of
254 flooding or sea-level rise and a corresponding evaluation of
255 each project.
256 1. Local governments and regional entities whose
257 responsibilities include addressing flooding or sea-level rise
258 may submit to the water management district proposed projects
259 that mitigate or eliminate risks of flooding or sea-level rise.
260 2. Water management districts shall evaluate the proposed
261 projects to assess the degree to which the project addresses:
262 a. Threats to critical assets, including regionally
263 significant assets, and reductions of future damage costs.
264 b. Risks identified in local government vulnerability
265 assessments or the comprehensive statewide flood vulnerability
266 and sea-level rise assessment, as applicable.
267 3. Each project submitted by a water management district
268 for consideration by the department for inclusion in the plan
269 must include:
270 a. A description of the project.
271 b. The location of the project.
272 c. An estimate of how long the project will take to
274 d. An estimate of the cost of the project.
275 e. The cost-share percentage available for the project.
276 (e) Each project included in the plan must have a minimum
277 50 percent cost share.
278 (f) To be eligible for inclusion in the plan, a project
279 must address risks to a critical asset identified in a local
280 government vulnerability assessment or the comprehensive
281 statewide flood vulnerability and sea-level rise assessment, as
283 (g) Projects ineligible for inclusion in the plan include,
284 but are not limited to:
285 1. Aesthetic vegetation.
286 2. Recreational structures such as piers, docks, and
288 3. Water quality components of stormwater and wastewater
289 management systems, except projects to prevent saltwater
291 4. Maintenance and repair of over-walks.
292 5. Park activities and facilities, except projects to
293 control flooding or erosion.
294 6. Navigation construction, operation, and maintenance
296 7. Projects that provide only recreational benefits.
297 (h) The department shall implement a scoring system for
298 assessing each project submitted by water management districts
299 for inclusion in the plan. The scoring system must include the
300 following tiers and associated criteria:
301 1. Tier 1 must account for 50 percent of the total score
302 and consist of all of the following criteria:
303 a. The degree to which the project addresses the risks
304 posed by flooding and sea-level rise identified in the local
305 government vulnerability assessments or the comprehensive
306 statewide flood vulnerability and sea-level rise assessment, as
308 b. The degree to which the project addresses risks to
309 regionally significant assets.
310 c. The degree to which the project reduces risks to areas
311 with an overall higher percentage of vulnerable critical assets.
312 2. Tier 2 must account for 20 percent of the total score
313 and consist of all of the following criteria:
314 a. The availability of local, state, and federal matching
315 funds, considering the cost-share percentage, the status of the
316 funding award, and federal authorization, if applicable.
317 b. Previous state commitment and involvement in the
318 project, considering previously funded phases, the total amount
319 of previous state funding, and previous partial appropriations
320 for the proposed project.
321 c. The overall readiness of the project to proceed in a
322 timely manner, considering the project’s readiness for the
323 construction phase of development, the status of required
324 permits, the status of any needed easement acquisition, and the
325 availability of local funding sources.
326 d. The cost-effectiveness of the project.
327 3. Tier 3 must account for 20 percent of the total score
328 and consist of all of the following criteria:
329 a. The current condition of the project area, including any
330 recent impacts from storm damage.
331 b. The use of practices that reduce losses due to flooding
332 and claims made under flood insurance policies issued in this
334 c. The degree to which the project contributes to existing
335 flooding mitigation projects that reduce upland damage costs by
336 incorporating new or enhanced structures or restoration and
337 revegetation projects.
338 d. The exceedance of the flood-resistant construction
339 requirements of the Florida Building Code and applicable flood
340 plain management regulations.
341 4. Tier 4 must account for 10 percent of the total score
342 and consist of all of the following criteria:
343 a. The proposed innovative technologies designed to reduce
344 project costs and provide regional collaboration.
345 b. The environmental habitat enhancement or the inclusion
346 of nature-based options for resilience, prioritizing state or
347 federal critical habitat areas for threatened or endangered
349 c. The assistance to financially disadvantaged communities.
350 (i) The total amount of funding proposed in the plan may
351 not exceed $100 million. Upon review and subject to
352 appropriation, the Legislature shall approve funding for the
353 projects as specified in the plan. Multiyear projects that
354 receive funding for the first year of the project must be
355 included in subsequent plans and funded until the project is
356 complete, provided that the project sponsor has complied with
357 all contractual obligations and funds are available.
358 (6) REGIONAL RESILIENCE COALITIONS.—
359 (a) Counties and municipalities may enter into agreements
360 to form regional resilience coalitions for the purpose of
361 planning for the resilience needs of communities and
362 coordinating intergovernmental solutions to mitigate adverse
363 impacts of flooding and sea-level rise.
364 (b) Regional resilience coalitions may provide technical
365 assistance to counties and municipalities in:
366 1. Preparing and conducting vulnerability assessments and
367 developing plans and policies funded by the Resilient Florida
368 Grant Program.
369 2. Developing project proposals to be submitted for
370 inclusion in the Statewide Flooding and Sea-Level Rise
371 Resilience Plan and implementing projects that are approved for
373 (c) Subject to specific legislative appropriation, the
374 department may provide funding to regional resilience coalitions
375 for the purpose of carrying out the duties under this section.
376 Section 2. Section 380.0933, Florida Statutes, is created
377 to read:
378 380.0933 Florida Flood Hub for Applied Research and
380 (1) The Florida Flood Hub for Applied Research and
381 Innovation is established within the University of South Florida
382 College of Marine Science to coordinate efforts between the
383 academic and research institutions of this state. The University
384 of South Florida College of Marine Science will serve as the
385 lead institution and engage other academic and research
386 institutions, private partners, and financial sponsors to
387 coordinate efforts to support applied research and innovation to
388 address the flooding and sea-level rise challenges of this
390 (2) The hub shall, at a minimum:
391 (a) Organize existing data needs for a comprehensive
392 statewide flood vulnerability and sea-level rise analysis and
393 perform a gap analysis to determine data needs.
394 (b) Develop statewide open source hydrologic models for
395 physically based flood frequency estimation and real-time
396 forecasting of floods, including hydraulic models of floodplain
397 inundation mapping, real-time compound and tidal flooding
398 forecasts, future groundwater elevation conditions, and economic
399 damage and loss estimates.
400 (c) Coordinate research funds from the state, the federal
401 government, or other funding sources for related hub activities
402 across all participating entities.
403 (d) Establish community-based programs to improve flood
404 monitoring and prediction along major waterways, including
405 intracoastal waterways and coastlines, of this state and to
406 support ongoing flood research.
407 (e) Coordinate with agencies, including, but not limited
408 to, the Department of Environmental Protection and water
409 management districts.
410 (f) Share its resources and expertise.
411 (g) Assist in the development of training and a workforce
412 in this state that is knowledgeable about flood and sea-level
413 rise research, prediction, and adaptation and mitigation
415 (h) Develop opportunities to partner with other flood and
416 sea-level rise research and innovation leaders for sharing
417 technology or research.
418 (i) Conduct the activities under this subsection in
419 cooperation with various local, state, and federal government
420 entities as well as other flood and sea-level rise research
422 (3) The hub shall employ an executive director.
423 (4) By July 1, 2022, and each July 1 thereafter, the hub
424 shall provide an annual comprehensive report to the Governor,
425 the President of the Senate, and the Speaker of the House of
426 Representatives that outlines its clearly defined goals and its
427 efforts and progress on reaching such goals.
428 Section 3. Subsections (3) through (7) of section 403.928,
429 Florida Statutes, are amended to read:
430 403.928 Assessment of water resources and conservation
431 lands.—The Office of Economic and Demographic Research shall
432 conduct an annual assessment of Florida’s water resources and
433 conservation lands.
434 (3) ASSESSMENT REQUIREMENTS.—The assessment must:
shall Include analyses on a statewide, regional, or
436 geographic basis, as appropriate, and shall identify analytical
437 challenges in assessing information across the different regions
438 of this the state.
439 (b) (4) The assessment must Identify any overlap in the
440 expenditures for water resources and conservation lands.
441 (4) INLAND AND COASTAL FLOOD CONTROL.—Beginning with the
442 assessment due by January 1, 2022, the Office of Economic and
443 Demographic Research shall include in the assessment an analysis
444 of future expenditures by federal, state, regional, and local
445 governments required to achieve the Legislature’s intent of
446 minimizing the adverse economic effects of inland and coastal
447 flooding, thereby decreasing the likelihood of severe
448 dislocations or disruptions in the economy and preserving the
449 value of real and natural assets to the extent economically
450 feasible. To the extent possible, the analysis must evaluate the
451 cost of resilience efforts necessary to address inland and
452 coastal flooding associated with sea-level rise, high tide
453 events, storm surge, flash flooding, stormwater runoff, and
454 increased annual precipitation over a 50-year planning horizon.
455 At such time that dedicated revenues are provided in law for
456 these purposes or that recurring expenditures are made, the
457 analysis must also identify the gap, if any, between the
458 estimated revenues and the projected expenditures.
459 (5) ASSESSMENT ASSISTANCE.—
460 (a) The water management districts, the Department of
461 Environmental Protection, the Department of Agriculture and
462 Consumer Services, the Fish and Wildlife Conservation
463 Commission, counties, municipalities, and special districts
464 shall provide assistance to the Office of Economic and
465 Demographic Research related to their respective areas of
467 (b) (6) The Office of Economic and Demographic Research must
468 be given access to any data held by an agency as defined in s.
469 112.312 if the Office of Economic and Demographic Research
470 considers the data necessary to complete the assessment,
471 including any confidential data.
472 (6) (7) ASSESSMENT SUBMISSION.—The assessment shall be
473 submitted to the President of the Senate and the Speaker of the
474 House of Representatives by January 1, 2017, and by January 1 of
475 each year thereafter.
476 Section 4. This act shall take effect upon becoming a law.