The enactment of HB 859 will require local governments to consider these freeboard metrics in their building regulations while also allowing them the flexibility to adopt more stringent standards if deemed necessary. The legislation emphasizes a consistent, statewide approach to managing flood risk, aligning localized building codes with these new requirements to create a cohesive strategy against flooding. It calls for the Florida Building Commission to periodically review these standards to ensure they remain effective and relevant, with recommendations for updates to be communicated to the legislature every five years starting January 2028.
House Bill 859, titled the 'Flood Damage Prevention Act of 2023,' aims to bolster flood resilience in Florida by establishing updated standards for flood damage prevention. The bill mandates that new constructions, including residential, commercial, and industrial structures, adhere to specific maximum voluntary freeboard requirements—set at 4 feet generally and 9 feet within coastal high-hazard areas. This act encourages heightened construction standards to mitigate the impacts of flooding from increased rainfall, storm surges, and rising sea levels, which the legislature recognizes as significant threats to existing and future developments.
Critics of the bill may raise concerns regarding how these new requirements might impact housing affordability and local control over construction practices. While local governments can still adopt ordinances that exceed state minimums, the coordination between state and local standards could be contentious. Proponents argue that the benefits of enhanced flood resilience outweigh potential negatives, emphasizing the importance of investment in resilience as crucial for protecting communities in a state increasingly susceptible to climate risks.