The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/SB 1940
INTRODUCER: Environment and Natural Resources Committee and Senator Brodeur
SUBJECT: Statewide Flooding and Sea Level Rise Resilience
DATE: February 25, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Collazo Rogers EN Fav/CS
2. Reagan Betta AEG Recommend: Favorable
3. Reagan Sadberry AP Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1940 establishes the Statewide Office of Resilience (office) within the Executive Office
of the Governor. The bill provides that the office must be headed by a Chief Resilience Officer,
who is appointed by and serves at the pleasure of the Governor.
The bill requires the Department of Transportation (DOT) to develop a resilience action plan for
the State Highway System. The bill identifies goals of the action plan and requires it to include
certain components. It also requires the DOT to submit the action plan to the Governor and the
Legislature by June 20, 2023, and a status report every third year on June 30 thereafter.
The bill makes various revisions to section 380.093, Florida Statutes, relating to statewide
resiliency funding and planning, including:
Authorizing the use of Resilient Florida Grant Program funds to fund preconstruction
activities for Statewide Flooding and Sea Level Rise Resilience Plan (plan) projects in
municipalities and counties meeting certain population thresholds, but not for projects that
adapt critical assets to flooding and sea level rise;
Pushing back by one year (to 2023 and 2024, respectively) the dates by which the
Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set and Assessment
must be completed; and
Revising the $100 million cap on funding proposed for each year of the plan to a minimum
threshold of $100 million.
REVISED: BILL: CS/SB 1940 Page 2
The bill requires the Florida Flood Hub for Applied Research and Innovation to provide certain
data to counties and municipalities for vulnerability assessments.
Beginning January 1, 2023, the bill also directs surveyors and mappers to submit digital copies
of the elevation certificates they complete to the Division of Emergency Management (DEM) as
outlined on the DEM’s website.
The bill will likely cause the DOT to incur costs associated with developing the required
resilience action plan for the State Highway System.
II. Present Situation:
Chief Resilience Officer
In January of 2019, Governor DeSantis issued Executive Order 19-12, creating the Office of
Resilience and Coastal Protection to help prepare Florida’s coastal communities and habitats for
impacts from sea-level rise by providing funding, technical assistance, and coordination among
state, regional, and local entities.
1
This office oversees a broad range of state programs.
2
In August of 2019, the Governor appointed Florida’s first Chief Resilience Officer (CRO),
Dr. Julia Nesheiwat. The CRO reports directly to the Executive Office of the Governor and is
tasked with preparing Florida for the environmental, physical, and economic impacts of sea level
rise.
3
In February of 2020, Dr. Nesheiwat stepped down as the CRO. Former Secretary of the
Department of Environmental Protection (DEP), Noah Valenstein, served as the interim CRO
until he resigned in May 2021. The current Secretary of the DEP, Shawn Hamilton, served as the
CRO until Governor DeSantis appointed Wesley Brooks, the current CRO, in November 2021.
4
Statewide Resilience Programs
Department of Environmental Protection Programs
In 2021, the Legislature, recognizing that Florida is vulnerable to flooding from increasing
rainfall, storm surge, and sea level rise, established several statewide resilience programs
administered by the DEP.
5
Those programs include the following:
1
State of Florida, Office of the Governor, Executive Order Number 19-12, 5 (2019), available at https://www.flgov.com/wp-
content/uploads/2019/01/EO-19-12-.pdf (last visited Jan. 26, 2022).
2
Dep’t of Environmental Protection (DEP), Office of Resilience and Coastal Protection, https://floridadep.gov/rcp (last
visited Jan. 26, 2022).
3
See Governor Ron DeSantis, News Releases, Governor Ron DeSantis Announces Dr. Julia Nesheiwat as Florida’s First
Chief Resilience Officer (Aug. 1, 2019), https://flgov.com/2019/08/01/governor-ron-desantis-announces-dr-julia-nesheiwat-
as-floridas-first-chief-resilience-officer/ (last visited Jan. 26, 2022).
4
Governor Ron DeSantis, New Releases, Governor DeSantis Announces Four Key Appointments to His Administration
(Nov. 19, 2021), https://www.flgov.com/2021/11/19/governor-desantis-announces-four-key-appointments-to-his-
administration/ (last visited Jan. 26, 2022); Renzo Downey, “After 20 months of uncertainty, Gov. DeSantis names Wesley
Brooks as Chief Resilience Officer,” FLORIDA POLITICS, available at https://floridapolitics.com/archives/474849-after-20-
months-of-uncertainty-gov-desantis-names-wesley-brooks-as-chief-resilience-officer/ (last visited Jan. 26, 2022).
5
Sections 380.093, 380.0933, 403.928(4), F.S.; see ch. 2021-28, Laws of Fla. BILL: CS/SB 1940 Page 3
The DEP’s Resilient Florida Grant Program provides grants to counties or municipalities for
community resilience planning, such as vulnerability assessments, plan development, and
projects to adapt critical assets.
6
The findings of the assessments must be reported to the
DEP.
The Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set and
Assessment, which must be updated at least every five years. The DEP must:
o By July 1, 2022, develop a statewide data set, including statewide sea level rise
projections, containing information necessary to determine the risks of flooding and sea
level rise to inland and coastal communities; and
o By July 1, 2023, develop a statewide assessment, using the statewide data set, identifying
vulnerable infrastructure, geographic areas, and communities. The statewide assessment
must include an inventory of critical assets.
The Statewide Flooding and Sea Level Rise Resilience Plan. By each December 1, the DEP
must develop the plan on a three-year planning horizon and submit it to the Governor and
Legislature. The plan must consist of ranked projects addressing the risks of flooding and sea
level rise to communities in the state. The funding proposed in the plan may not exceed
$100 million in one year and is subject to review and appropriation by the Legislature. Each
project must have a minimum 50 percent cost-share, unless it assists or is within a financially
disadvantaged small community.
7
Counties, municipalities, and regional resilience entities
8
are authorized to submit to the DEP lists of proposed projects for inclusion, and water
management districts and flood control districts are authorized to submit to the DEP lists of
proposed projects specifically relating to water supplies or water resources for inclusion.
9
The DEP must assess projects for inclusion by implementing a four-tiered scoring system.
10
Department of Transportation Programs
The Department of Transportation (DOT) regulates access to the facilities forming part of the
State Highway System.
11
The Florida Transportation Code
12
defines the State Highway System
13
as meaning:
The interstate system and all other roads within the state which were under the jurisdiction of
the state on June 10, 1995;
Roads constructed by an agency of the state for the State Highway System; and
6
Section 380.093(2)(a), F.S. “Critical asset” is defined to include broad lists of assets relating to transportation, critical
infrastructure, emergency facilities, natural resources, and historical and cultural resources.
7
Section 380.093(5)(e), F.S. “Financially Disadvantaged Small Community,” for purposes of s. 380.093, F.S., is defined as a
municipality with a population of 10,000 or fewer and a per capita annual income that is less than the state’s per capita
annual income, or a county with a population of 50,000 or fewer and a per capita annual income that is less than the state's
per capita annual income.
8
Section 380.093(6), F.S. The bill authorizes the DEP to provide funding, subject to specific legislative appropriation, to
regional resilience entities for providing technical assistance to counties and municipalities, coordinating multijurisdictional
vulnerability assessments, and developing project proposals for the statewide resilience plan.
9
Section 380.093(5)(d), F.S.
10
Section 380.093(5)(h), F.S.
11
Section 334.03(24), F.S.
12
Chapters 334-339, 341, 348, and 349, F.S., and ss. 332.003-332.007, 351.35, 351.36, 351.37, and 861.011, F.S. See
s. 334.01, F.S., (identifying the chapters and sections of the Florida Statutes that may be cited as the Florida Transportation
Code).
13
Section 334.03(24), F.S. BILL: CS/SB 1940 Page 4
Roads transferred into the state’s jurisdiction after June 10, 1995 by mutual consent with
another governmental entity, but not including roads transferred out of the state’s jurisdiction
in the same way.
14
In April 2020, Secretary of the DOT Kevin Thibault signed Policy 000-525-053,
15
entitled
Resiliency of State Transportation Infrastructure (Resiliency Policy), to make it the official
policy of the DOT to consider the resiliency of the state’s transportation system to support the
safety, mobility, quality of life, and economic prosperity of Florida and to preserve the quality of
its environment and communities.
16
The Resiliency Policy recognizes that resiliency includes the ability of the transportation system
to adapt to changing conditions and prepare for, withstand, and recover from disruption. To that
end, the DOT has pledged to:
17
Continue to identify risks, particularly related to sea level rise, flooding, and storms; assess
potential impacts; and employ strategies to avoid, mitigate, or eliminate impacts;
Collaborate with appropriate agencies and organizations for information sharing and
alignment of resiliency strategies; and
Implement the Resiliency Policy through the DOT’s long-range and modal plans; work
program; asset management plans; research efforts; and internal manuals, tools, guidelines,
procedures, and related documents, guiding planning, programming, project development,
design, construction, operations, and maintenance.
18
Consistent with its Resiliency Policy, the DOT is doing all of the following to advance
resiliency:
19
14
Id.
15
Dep’t of Transportation (DOT), Resiliency of State Transportation Infrastructure, Topic No. 000-525-053 (Apr. 27, 2020),
available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/planning/policy/resilience/resiliency_
policy_000-525-053.pdf?sfvrsn=4dae64fd_2 (last visited Jan. 28, 2022). The U.S. Department of Transportation, Federal
Highway Administration (FHWA), has also issued an order directing FHWA to integrate consideration of climate change and
extreme weather event impacts and adaptation responses into the delivery and stewardship of the Federal aid and Federal
Lands Highway programs. This includes encouraging state departments of transportation and other agencies to develop,
prioritize, implement, and evaluate risk-based and cost-effective strategies to minimize climate and extreme weather risks and
protect critical infrastructure using the best available science, technology, and information. See U.S. Dep’t of Transportation,
Federal Highway Administration, Transportation System Preparedness and Resilience to Climate Change and Extreme
Weather Events, Order 5520 (Dec. 15, 2014), available at https://www.fhwa.dot.gov/legsregs/directives/orders/5520.pdf (last
visited Jan. 31, 2022).
16
Id.
17
DOT, Resiliency of State Transportation Infrastructure, Topic No. 000-525-053 (Apr. 27, 2020), available at
https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/planning/policy/resilience/resiliency_
policy_000-525-053.pdf?sfvrsn=4dae64fd_2 (last visited Jan. 28, 2022).
18
Id.
19
DOT, Resiliency Subject Brief, 2, available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/planning/policy/briefing-sheets/briefing_sheets_resilience_0630.pdf?sfvrsn=1173ebf_2 (last visited Jan. 28, 2022). BILL: CS/SB 1940 Page 5
Incorporating resiliency in statewide planning efforts including the Florida Transportation
Plan,
20
Strategic Intermodal System (SIS) Policy Plan,
21
Freight Mobility and Trade Plan,
22
and Transportation Asset Management Plan;
23
Providing resources such as the Resilience Quick Guide
24
for incorporating resiliency into
Metropolitan Planning Organizations’ (MPOs’) long range plans and the Resilience Primer
that establishes a process framework, documents industry best practices, and provides a
resiliency toolbox;
25
Laying the groundwork for a SIS Resilience Action Plan as part of phase II of a vulnerability
assessment for Florida’s high priority transportation facilities;
Developing and coordinating training for the Sea Level Scenario Sketch Planning Tool
26
to
aid the assessment of potential long-range sea level rise impacts on transportation
infrastructure;
Designing for rising sea levels and tidal issues by analyzing projected sea levels and tides in
the design of bridge replacement projects and incorporating closed drainage system upgrades
and backflow devices into coastal projects;
Supporting research activities that provide a better understanding of the impacts and potential
responses to sea level rise, tidal flooding, and other stresses and shocks;
Managing infrastructure assets like roadway pavements through analysis and implementation
of methods that address environmental conditions such as extreme heat; and
Safeguarding information technology through an agency-wide team established to ensure the
protection of critical data and network resources from cyberattacks and other threats.
27
20
DOT, Florida Transportation Plan (FTP), available at http://floridatransportationplan.com/index.htm (last visited Jan. 29,
2022). The Florida Transportation Plan is the single overarching plan guiding Florida’s transportation future. Updated every
five years, it is a collaborative effort of state, regional, and local transportation partners in the public and private sectors.
21
DOT, Strategic Intermodal System Policy Plan (Mar. 2016), available at https://fdotwww.blob.core.windows.net/
sitefinity/docs/default-source/content/planning/systems/programs/mspi/plans/sis-policyplan.pdf?sfvrsn=4d7341ad_0 (last
visited Jan. 29, 2022). The Strategic Intermodal System Policy Plan establishes the policy framework for planning and
managing Florida’s Strategic Intermodal System, the high priority network of transportation facilities important to the state’s
economic competitiveness. Id. at ii.
22
DOT, Freight Mobility and Trade Plan (2020), available at https://www.fdot.gov/fmtp (last visited Jan. 29, 2022).
23
DOT, Transportation Asset Management Plan (2015), available at https://www.fdot.gov/docs/default-source/
planning/tamp/TAMP-2015.pdf (last visited Jan. 29, 2022).
24
DOT, Resilience Quick Guide: Incorporating Resilience in the MPO Long Range Transportation Plan, 2 (2020), available
at http://www.floridatransportationplan.com/pdf/2020-01-29_FDOT%20Resilience%20Quick%20Start%20Guide
_FINAL.pdf (last visited Jan. 26, 2022). The purpose of the Quick Guide is to help MPOs improve the resiliency and
reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation in the long-range
transportation planning process. Florida MPOs must consider resilience as a planning factor when assessing projects,
strategies, and services during development of their Long Range Transportation Plans (LRTPs). The Quick Guide outlines
the steps for MPOs to consider throughout the development of the LRTP.
25
DOT, Resiliency Subject Brief, 2, available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/planning/policy/briefing-sheets/briefing_sheets_resilience_0630.pdf?sfvrsn=1173ebf_2 (last visited Jan. 28, 2022).
MPOs must, in cooperation with the state and public transportation operators, “[i]mprove the resilience and reliability of the
transportation system and reduce or mitigate stormwater impacts of surface transportation” in the long range transportation
planning process. See id; see also 23 C.F.R. s. 450.306(b)(9).
26
University of Florida GeoPlan Center, Sea Level Scenario Sketch Planning Tool, https://sls.geoplan.ufl.edu/ (last visited
Jan. 29, 2022). The purpose of the Sea Level Scenario Sketch Planning Tool is to help identify transportation infrastructure
exposed to current and future flood risks. It was created by the University of Florida GeoPlan Center with funding from the
DOT. Id.
27
Id. BILL: CS/SB 1940 Page 6
Division of Emergency Management Programs
The Division of Emergency Management (DEM) in the Executive Office of the Governor
maintains a statewide emergency management program, and its roles include administering
federal mitigation grant programs and serving as Florida’s state coordinating agency for the
National Flood Insurance Program (NFIP).
28
The NFIP was created by passage of the National Flood Insurance Act of 1968.
29
The NFIP is
managed by the Federal Emergency Management Agency (FEMA) and enables homeowners,
business owners, and renters in flood-prone areas to purchase flood insurance protection from the
federal government.
30
Flood insurance through the NFIP is only available in communities that
adopt and enforce federal floodplain management criteria.
31
The NFIP elevation certificate is used to provide elevation information necessary to ensure
compliance to community floodplain management ordinances, to determine the proper insurance
premium rate, or to support a request for a Letter of Map Amendment.
32
As part of the agreement
for making flood insurance available in a community, the NFIP requires each community to
adopt floodplain management regulations that specify minimum requirements for reducing flood
losses.
33
One such requirement is for the community to obtain the elevation of the lowest floor
(including the basement) of all new and substantially improved buildings, and maintain a record
of such information. The elevation certificate provides a way for a community to document
compliance with the community’s floodplain management ordinance.
34
In Florida, elevation certificates must be completed by a surveyor and mapper.
35
Since
January 1, 2017, surveyors and mappers are required to submit, within 30 days after completion,
a copy of each elevation certificate that he or she completes to the DEM. The surveyor and
mapper must retain a signed and sealed original in his or her records.
36
Elevation certificates may
be submitted to the DEM using its online web application
37
developed for this purpose.
38
Other State, Regional, and Local Programs
The following list includes examples of resilience efforts by other government entities in Florida:
28
Division of Emergency Management (DEM), Mitigation, https://www.floridadisaster.org/dem/mitigation/ (last visited Jan.
26, 2022); DEM, State Floodplain Management Program, https://www.floridadisaster.org/dem/mitigation/floodplain/ (last
visited Jan. 26, 2022).
29
FEMA, 50 Years of the NFIP, available at https://www.fema.gov/sites/default/files/2020-05/NFIP_50th_Final_8.5x11_
Regional_Printable.pdf (last visited Jan. 29, 2022).
30
Benefits.gov, National Flood Insurance Program (NFIP), https://www.benefits.gov/benefit/435 (last visited Jan. 29, 2022).
31
Id.
32
FEMA, Elevation Certificate and Instructions (2019 Edition), available at https://www.fema.gov/sites/default/files/2020-
07/fema_nfip_elevation-certificate-form_feb-2020.pdf (last visited Jan. 29, 2022).
33
Id.
34
Id.
35
Section 472.0366(1)(b), F.S.
36
Section 472.0366(2), F.S.
37
DEM, Elevation Certificates Submittal Form, https://maps.floridadisaster.org/portal/apps/GeoForm/index.html?
appid=d5642b277af24b7191107524b390bada (last visited Jan. 31, 2022).
38
DEM, Elevation Certificates, https://www.floridadisaster.org/elevation-certificates/ (last visited Jan. 31, 2022). BILL: CS/SB 1940 Page 7
Florida’s coastal local governments must have a coastal management element in their
comprehensive plans,
39
and this element may include an “adaptation action area”
designation
40
and must contain a redevelopment component in compliance with the 2015
“Peril of Flood” law.
41
The Department of Economic Opportunity assists communities with adaptation planning, and
its Office of Long-Term Resiliency supports communities following disasters, which
includes administering federal funds that support resiliency efforts.
42
The Fish and Wildlife Conservation Commission (FWC) is Florida’s lead agency on
addressing the impacts of climate change on fish and wildlife.
43
In 2016, the FWC published
a guide of adaptation strategies for the predicted impacts of climate changes.
44
The Department of Agriculture and Consumer Services’ Office of Energy develops Florida’s
energy policy and works on climate change issues.
45
The Department of Business and Professional Regulation’s Florida Building Commission
adopts floodplain management and resilience standards into the Florida Building Code.
46
The water management districts implement a range of resilience and flood control
programs.
47
Florida is divided into ten Regional Planning Councils, and some do resilience planning.
48
o The Northeast Florida Regional Council’s efforts include grant funding, technical
support, and resources including an online mapping tool for determining risk.
49
39
Sections 380.24, 163.3177(6)(g), and 163.3178(2), F.S.
40
Chapter 2011-139, Laws of Fla.; ss. 163.3164(1) and 163.3177(6)(g)10., F.S.
41
Chapter 2015-69, Laws of Fla.; s. 163.3178(2)(f), F.S.
42
Dep’t of Economic Opportunity (DEO), Adaptation Planning, http://www.floridajobs.org/community-planning-and-
development/programs/community-planning-table-of-contents/adaptation-planning (last visited Jan. 26, 2022); DEO, Office
of Long-Term Resiliency, http://www.floridajobs.org/community-planning-and-development/assistance-for-governments-
and-organizations/disaster-recovery-initiative (last visited Jan. 26, 2022).
43
Florida Fish and Wildlife Conservation Commission (FWC), What FWC is Doing, https://myfwc.com/conservation/
special-initiatives/climate-change/fwc/ (last visited Jan. 26, 2022).
44
FWC, A Guide to Climate Change Adaptation for Conservation, 1-1 (2016), available at https://myfwc.com/media/
5864/adaptation-guide.pdf (last visited Feb. 3, 2021).
45
Dep’t of Agriculture and Consumer Services (DACS), Office of Energy, https://www.fdacs.gov/Divisions-Offices/Energy
(last visited Jan. 26, 2022).
46
Chapter 553, pt. IV, F.S.; Fla. Admin. Code R. 61g20-1.001; see Building a Safer Florida, Inc., Flood Resistant
Construction and the 6th Edition Florida Building Code, 1 (2017), available at https://floridabuilding.org/fbc/thecode/2017-
6edition/BASF_2017_flood_061217.pdf (last visited Jan. 26, 2022).
47
St. John’s River Water Management District, Sea-Level Rise and Resiliency, https://www.sjrwmd.com/localgovernments/
sea-level-rise/ (last visited Jan. 26, 2022); Akintunde Owosina, Chief, Hydrology and Hydraulics Bureau, South Florida
Water Management District (SFWMD), Governing Board Meeting, June 13, 2019, Impact of Sea Level Rise on the SFWMD
Mission, Focus on Flood Protection, 2, 6-10 (June 13, 2019), available at https://apps.sfwmd.gov/webapps/publicMeetings/
viewFile/21964 (last visited Jan. 26, 2022); Dr. Carolina Maran, District Resiliency Officer, SFWMD, Governing Board
Meeting, March 12, 2020, Central and Southern Florida Flood Resiliency Study, 1 (Mar. 12, 2020), available at
https://apps.sfwmd.gov/ci/publicmeetings/viewFile/25445 (last visited Jan. 26, 2022). In 2020, SFWMD appointed a District
Resiliency Officer. It also implements a Flood Control Level of Service Program and, in collaboration with the U.S. Army
Corps of Engineers, has initiated the Central and South Florida Flood Resiliency Study. See id.; see also SFWMD, Resiliency
and Flood Protection, https://www.sfwmd.gov/our-work/resiliency-and-flood-protection (last visited Jan. 29, 2022).
48
Sections 186.501-186.513, F.S.
49
Northeast Florida Regional Council, Resiliency Services, https://www.nefrc.org/resiliency (last visited Jan. 26, 2022). BILL: CS/SB 1940 Page 8
o The East Central Florida Regional Planning Council has formed the East Central Florida
Regional Resilience Collaborative, which includes 25 member counties and cities and six
member organizations and agencies.
50
o The Tampa Bay Regional Planning Council is active on resiliency planning.
51
The United States Army Corps of Engineers (USACE) is planning and implementing many
projects in Florida related to resilience.
o The Miami-Dade Back Bay Coastal Storm Risk Management Feasibility Study is a three-
year study, ending in September of 2021, that has tentatively recommended a plan that
may include storm surge barriers, floodproofing of critical infrastructure countywide, and
nonstructural measures (including home elevations or floodproofing) in seven refined
focus areas determined to be the most socially vulnerable economic damage centers in
Miami-Dade County.
52
o The Central and Southern Florida Flood Resiliency Study was proposed by the USACE,
with the support of the South Florida Water Management District, to reevaluate the
Central and Southern Florida Project to address climate change, sea level rise, and
more.
53
The FEMA administers hazard mitigation programs that increase resilience and facilitate
hazard mitigation planning and grant funding.
54
The FEMA also administers the NFIP, which
includes insurance, floodplain mapping, and federal, state, and local regulations.
55
The Office of Economic and Demographic Research
The Legislature’s Office of Economic and Demographic Research (EDR) is a research arm
principally concerned with forecasting economic and social trends that affect policy making,
revenues, and appropriations.
56
The EDR conducts an annual assessment of Florida’s water
resources and conservation lands.
57
For water resources, the assessment must include historical,
current, and estimated future expenditures associated with water supply and demand, water
quality protection and restoration, and government revenues dedicated for such purposes.
58
Also,
50
East Central Florida Regional Planning Council, East Central Florida Regional Resilience Collaborative,
https://www.ecfrpc.org/resiliencecollaborative (last visited Jan. 26, 2022).
51
Tampa Bay Regional Planning Council, Resiliency Planning, https://www.tbrpc.org/resiliency/ (last visited Jan. 26, 2022).
52
USACE, Miami-Dade Back Bay Coastal Storm Risk Management Feasibility Study, https://www.saj.usace.army.mil/
MiamiDadeBackBayCSRMFeasibilityStudy/ (last visited Jan. 26, 2022); U.S. Army Corps of Engineers, Miami-Dade Back
Bay Coastal Storm Risk management Draft Integrated Feasibility Report and Programmatic Environmental Impact
Statement, 177-178, 181, 222-238 (May 2020), available at https://usace.contentdm.oclc.org/utils/getfile/
collection/p16021coll7/id/14453 (last visited Jan. 26, 2022).
53
Dr. Carolina Maran, District Resiliency Officer, South Florida Water Management District, Governing Board Meeting
March 12, 2020, Central and Southern Florida Flood Resiliency Study, video begins at 4:50:30 (Mar. 12, 2020), available at
http://sfwmd.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=2008&Format=Agenda (last visited Jan. 26,
2022); see also SFWMD, Central and Southern Florida Flood Resiliency Study, https://www.sfwmd.gov/our-work/central-
and-southern-florida-flood-resiliency-study (last visited Jan. 29, 2022).
54
Federal Emergency Management Agency (FEMA), Hazard Mitigation Assistance Guidance - Hazard Mitigation Grant
Program, Pre-Disaster Mitigation Program, and Flood Mitigation Assistance Program, 1–5 (2015), available at
https://www.fema.gov/sites/default/files/2020-07/fy15_HMA_Guidance.pdf (last visited Jan. 26, 2022).
55
FEMA, National Flood Insurance Program (NFIP), Floodplain Management Requirements, FEMA 480, 2-6–2-8 (2005),
available at https://www.fema.gov/sites/default/files/documents/fema-480_floodplain-management-study-guide_local-
officials.pdf (last visited Jan. 26, 2022); see 44 C.F.R. parts 59 and 60.
56
EDR, Welcome, http://edr.state.fl.us/Content/ (last visited Mar. 3, 2021); see s. 1.01(19), F.S.
57
Section 403.928, F.S.
58
Section 403.928(1), F.S. BILL: CS/SB 1940 Page 9
beginning with the assessment due January 1, 2022, the assessment must include an analysis of
the expenditures necessary to repair, replace, and expand water-related infrastructure.
59
For
conservation lands, the assessment must include expenditures, revenues, and tax implications
related to government acquisition and maintenance of conservation lands in the state.
60
The EDR must submit the assessment to the Legislature by January 1 of each year.
61
In 2021, the
EDR published the most recent edition of the Annual Assessment of Florida’s Water Resources
and Conservation Lands.
62
Florida Flood Hub for Applied Research and Innovation
The Florida Flood Hub for Applied Research and Innovation (Flood Hub) is established within
the University of South Florida (USF) College of Marine Science.
63
Its purpose is to coordinate
efforts between the academic and research institutions of the state. The USF’s College of Marine
Science serves as the lead institution and engages other academic and research institutions,
private partners, and financial sponsors to coordinate efforts to support applied research and
innovation to address the flooding and sea level rise challenges of the state.
64
In 2021, the Legislature created the Flood Hub and tasked it with all of the following minimum
duties:
65
Organize existing data needs for a comprehensive statewide flood vulnerability and sea level
rise analysis and perform a gap analysis to determine data needs;
Develop statewide open source hydrologic models for physically-based flood frequency
estimation and real-time forecasting of floods, including hydraulic models of floodplain
inundation mapping, real-time compound and tidal flooding forecasts, future groundwater
elevation conditions, and economic damage and loss estimates;
Coordinate research funds from the state, the federal government, or other funding sources
for related Flood Hub activities across all participating entities;
Establish community-based programs to improve flood monitoring and prediction along
major waterways, including intracoastal waterways and coastlines, of the state and to support
ongoing flood research;
Coordinate with agencies, including, but not limited to, the DEP and the water management
districts;
Share its resources and expertise;
Assist in the development of training and in the development of a workforce in the state that
is knowledgeable about flood and sea level rise research, prediction, and adaptation and
mitigation strategies;
Develop opportunities to partner with other flood and sea level rise research and innovation
leaders for sharing technology or research; and
59
Id.
60
Section 403.928(2), F.S.
61
Section 403.928(7), F.S.
62
EDR, Annual Assessment of Florida’s Water Resources and Conservation Lands (2021), available at
http://edr.state.fl.us/Content/natural-resources/LandandWaterAnnualAssessment_2021Edition.pdf (last visited Jan. 28, 2022).
63
Section 380.0933(1), F.S.
64
Id.
65
Ch. 2021-28, s. 2, Laws of Fla., as codified in s. 380.0933(2), F.S. BILL: CS/SB 1940 Page 10
Conduct these activities in cooperation with various local, state, and federal government
entities as well as other flood and sea level rise research centers.
66
III. Effect of Proposed Changes:
Section 1 of the bill establishes a Statewide Office of Resilience within the Executive Office of
the Governor. The bill provides that the office must be headed by a Chief Resilience Officer,
who is appointed by and serves at the pleasure of the Governor.
Section 2 of the bill requires the Department of Transportation (DOT) to develop a resilience
action plan for the State Highway System based on current conditions and forecasted future
events. The goals of the resilience action plan are to do all of the following:
Recommend strategies to enhance infrastructure and the operational resilience of the State
Highway System, which may be incorporated into the transportation asset management plan;
Recommend design changes for retrofitting existing and constructing new state highway
facilities; and
Enhance partnerships for collaboration to address multijurisdictional resilience needs.
The bill requires the resilience action plan to include an assessment of the State Highway System
to identify roadway facilities and drainage outfalls that may be subject to vulnerabilities
associated with tidal, rainfall, the combination of tidal and rainfall, and storm surge flooding,
including future projections of sea-level rise, using existing data for current and forecasted future
events. As part of the assessment, the DOT must do all of the following using the most up-to-
date National Oceanic and Atmospheric Administration precipitation frequency and sea-level
rise data:
Synthesize historical and current infrastructure resilience issues statewide;
Evaluate alternatives for retrofitting existing systems and infrastructure;
Develop prioritization criteria for resilience project identification;
Develop a prioritized resilience needs project list, in addition to existing projects within the
work program, with the associated costs and timeline; and
Develop a statewide database identifying and documenting those assets vulnerable to current
and future flooding. The department shall develop a cost estimate and schedule to enhance
existing data to include site-specific details and existing criteria to improve the needs
prioritization.
The bill requires the DOT to perform a systemic review of its policies, procedures, manuals,
tools, and guidance documents to identify revisions that will facilitate cost-effective
improvements to address existing and future State Highway System infrastructure vulnerabilities
associated with flooding and sea-level rise.
The DOT must also provide technical assistance to local agencies and modal partners on
resilience issues related to the State Highway System and the deployment of local and regional
solutions.
66
Id. BILL: CS/SB 1940 Page 11
The bill requires the DOT to submit the resilience action plan to the Governor, the President of
the Senate, and the Speaker of the House of Representatives by June 20, 2023. Every third year
on June 30 thereafter, the DOT must submit a status report reviewing updates to the action plan
and the associated implementation activities.
Section 3 of the bill amends s. 380.093, F.S., relating to the Resilient Florida Grant Program; the
Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set and Assessment; the
Statewide Flooding and Sea Level Rise Resilience Plan; and regional resilience entities.
The bill creates two new definitions:
“Preconstruction activities” means activities associated with a project which occur before
construction begins, including, but not limited to, design of the project, permitting for the
project, surveys, site development, solicitation, public hearings, local code amendments,
establishing local funding sources, and easement acquisition; and
“Regionally significant assets” means critical assets that support the needs of communities
spanning multiple geopolitical jurisdictions, including, but not limited to, regional medical
centers, emergency operations centers, regional utilities, major transportation hubs and
corridors, airports, and seaports.
The bill clarifies that, subject to appropriation, the Department of Environmental Protection
(DEP) may provide grants to a county or municipality to fund vulnerability assessments that
identify or address risks of “inland or coastal” flooding and sea-level rise.
The bill provides that subject to appropriation, the DEP may also provide grants to a county or
municipality to fund preconstruction activities for projects to be submitted for inclusion in the
Statewide Flooding and Sea-Level Rise Resilience Plan, which are located in a municipality that
has a population of 10,000 or fewer, or a county that has a population of 50,000 or fewer,
according to the most recent April 1 population estimates posted on the Office of Economic and
Demographic Research’s website.
The bill eliminates the authorization for the DEP to provide grants to a county or municipality to
fund projects to adapt critical assets to the effects of flooding and sea-level rise.
With respect to vulnerability assessments funded by the Resilient Florida Grant Program, the bill
requires noncoastal communities to include the depth of rainfall-induced flooding for a 100-year
storm and a 500-year storm, as defined by the applicable water management district or, if
necessary, the appropriate federal agency. Projections of future rainfall conditions should be
utilized, if available.
The bill provides that the DEP must complete the required comprehensive statewide flood
vulnerability and sea-level rise data set by July 1, 2023, instead of July 1, 2022, and that in
developing the data set, the DEP must work in coordination with the Florida Flood Hub for
Applied Research and Innovation. It also requires the DEP to complete the required
comprehensive statewide flood vulnerability and sea-level rise assessment by July 1, 2024,
instead of July 1, 2023.
BILL: CS/SB 1940 Page 12
The bill provides that all eligible projects submitted to the DEP for inclusion in the statewide
flooding and sea-level rise resilience plan must be ranked and included in the plan. Each plan
must include:
A detailed narrative overview describing how the plan was developed, including a
description of the methodology used by the DEP to determine project eligibility;
A description of the methodology used to rank projects;
The specific scoring system used;
The project proposal application form;
A copy of each submitted project proposal application form with projects separated by
“eligible” and “not eligible”;
The total number of project proposals received and deemed eligible;
The total funding requested; and
The total funding requested for eligible projects.
The bill provides that the preliminary plan that must be submitted by December 1, 2021, must
include projects submitted by the water management districts which mitigate the risks of
flooding or sea-level rise on water supplies or water resources of the state. It also provides that
the plan submitted by December 1, 2023, will be an update to the preliminary plan, and pushes
back by one year (to December 1, 2024) the date by which the plan must address risks of
flooding and sea-level rise identified in the comprehensive flood vulnerability and sea-level rise
assessment.
The bill expands the list of entities that may submit a list of proposed projects to the DEP that
address risks of flooding or sea-level rise identified in the vulnerability assessments funded by
the Resilient Florida Grant Program, to include special districts as defined in state law, if they are
responsible for the operation and maintenance of an airport or a seaport facility. The bill also
provides that for the plans submitted by December 1, 2021; December 1, 2022; and December 1,
2023, counties, municipalities, and special districts may submit projects identified in existing
vulnerability assessments which do not comply with Resilient Florida Grant Program
requirements.
The bill expands the list of entities that may submit a list of proposed projects to the DEP that
mitigate the risks of flooding or sea-level rise on water supplies or water resources to include
drainage districts, erosion control districts, and regional water supply authorities.
The bill revises the $100 million cap on funding proposed for each year of the statewide flooding
and sea-level rise resilience plan to a minimum threshold of $100 million.
Section 4 of the bill requires the Florida Flood Hub for Applied Research and Innovation (Flood
Hub) to provide tidal and storm surge flooding data to counties and municipalities for
vulnerability assessments that are conducted pursuant to the Resilient Florida Grant Program.
The Flood Hub must provide rainfall-induced and compound flooding data sets; however, more
localized data or modeling may be used.
BILL: CS/SB 1940 Page 13
Section 5 of the bill amends existing law to direct surveyors and mappers, beginning January 1,
2023, to submit digital copies of the elevation certificates they complete to the Division of
Emergency Management (DEM) as outlined on the DEM’s website.
Section 6 of the bill provides an effective date of July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Indeterminate.
C. Government Sector Impact:
The bill will likely cause the DOT to incur costs associated with developing the required
resilience action plan for the State Highway System.
VI. Technical Deficiencies:
The bill amends s. 472.0366(2), F.S., to direct surveyors and mappers to submit digital copies of
the elevation certificates they complete “beginning January 1, 2023.” However, this amendment
could be interpreted as eliminating the existing requirement to submit copies of elevation BILL: CS/SB 1940 Page 14
certificates before and through January 1, 2023. Amending the subsection to read as follows
would address the issue.
Delete lines 593 – 596 and insert:
(2) Beginning January 1, 2017, A surveyor and mapper shall, within 30
days after completion, submit to the division a copy of each elevation
certificate that he or she completes as outlined on the division’s website.
Beginning January 1, 2023, such copies shall be submitted digitally. The
copy must
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates the following sections of the Florida Statutes: 14.2031 and 339.157.
This bill substantially amends the following sections of the Florida Statutes: 380.093, 380.0933,
and 472.0366.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Environment and Natural Resources on January 31, 2022:
Retains the creation of the Statewide Office of Resilience headed by a Chief
Resilience Officer.
Requires the Department of Transportation (DOT) to develop a resilience action plan
for the State Highway System. The bill identifies goals of the action plan and requires
it to include certain components. It also requires the DOT to submit the action plan to
the Governor and the Legislature by June 20, 2023, and a status report reviewing
updates to the action plan and associated implementation activities every third year on
June 30 thereafter.
Makes various revisions to s. 380.093, F.S., relating to statewide resiliency funding
and planning. It:
o Defines “Preconstruction activities” and “Regionally significant assets.”
o Clarifies that the Department of Environmental Protection (DEP) may use the
Resilient Florida Grant Program (Grant Program) to fund “inland or coastal”
flooding and sea-level rise vulnerability assessments.
o Provides that the DEP may use the Grant Program to fund preconstruction
activities for Statewide Flooding and Sea-Level Rise Resilience Plan (Plan)
projects in municipalities and counties meeting certain population thresholds, but
may not use such funds for projects to adapt critical assets to flooding and sea-
level rise. BILL: CS/SB 1940 Page 15
o Specifies when noncoastal communities must and should use certain rainfall data
for vulnerability assessments funded by the Grant Program.
o Pushes back by one year (to 2023 and 2024, respectively) the dates by which the
Comprehensive Statewide Flood Vulnerability and Sea-Level Rise Data Set and
the Assessment must be completed.
o Provides that all eligible projects submitted to the DEP for inclusion in the Plan
must be included in the Plan and identifies what each Plan must include.
o Provides that the preliminary Plan must include projects submitted by the water
management districts that mitigate the risks of flooding or sea-level rise on water
supplies or resources.
o Provides that the Plans submitted in 2022 and 2023 will be updates to the
preliminary plan, and that the Plan submitted in 2024 and thereafter must address
risks of flooding and sea-level rise identified in the assessment.
o Provides that, in addition to counties and municipalities, certain special districts
may also submit a list of proposed projects to the DEP that address risks of
flooding or sea-level rise identified in the vulnerability assessments funded by the
Grant Program. Also provides that for certain Plans, such entities may submit
projects that do not comply with Grant Program requirements.
o Adds drainage districts, erosion control districts, and regional water supply
authorities to the entities that may submit a list of proposed projects to the DEP
that mitigate the risks of flooding or sea-level rise on water supplies or water
resources.
o Revises the $100 million cap on funding proposed for each year of the Plan to a
minimum threshold of $100 million.
Requires the Florida Flood Hub for Applied Research and Innovation to provide
certain data to counties and municipalities for vulnerability assessments.
Directs surveyors and mappers, beginning January 1, 2023, to submit digital copies of
the elevation certificates they complete to the Division of Emergency Management
(DEM) as outlined on DEM’s website.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.