Florida 2023 Regular Session

Florida House Bill H0859 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 859 2023
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to flood damage prevention; providing 2
16	16	a short title; creating s. 553.845, F.S.; providing 3
17	17	legislative findings; providing definitions; providing 4
18	18	specified maximum voluntary freeboard requirements for 5
19	19	all new construction and substantial improvements to 6
20	20	existing construction; prohibiting voluntary freeboard 7
21	21	from being used in the calculation of the maximum 8
22	22	allowable height for certain construction i n 9
23	23	applicable zoning districts; authorizing local 10
24	24	governments to adopt by ordinance a minimum freeboard 11
25	25	requirement or a maximum voluntary freeboard that 12
26	26	exceeds the minimum requirements in the Florida 13
27	27	Building Code or established in this act; requiring 14
28	28	the Florida Building Commission to develop and adopt 15
29	29	by rule minimum freeboard requirements by a specified 16
30	30	date, which shall take immediate effect, and to 17
31	31	incorporate such requirements into the next edition of 18
32	32	the Florida Building Code; requiring the commissi on to 19
33	33	review the freeboard requirements in the Florida 20
34	34	Building Code every 5 years beginning on a specified 21
35	35	date and make certain recommendations to the 22
36	36	Legislature; providing an effective date. 23
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38	38	Be It Enacted by the Legislature of the State of Florida : 25
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40	40	HB 859 2023
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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52	52	Section 1. This act may be cited as the "Flood Damage 27
53	53	Prevention Act of 2023." 28
54	54	Section 2. Section 553.845, Florida Statutes, is created 29
55	55	to read: 30
56	56	553.845 Flood damage prevention. — 31
57	57	(1) The Legislature finds that: 32
58	58	(a) The state is vulnerable to the adverse effects of 33
59	59	flooding resulting from the frequency and intensity of rainfall 34
60	60	and an increase in storm surge and sea level rise. These adverse 35
61	61	effects pose a significant risk to existing and future 36
62	62	structures in the state. 37
63	63	(b) Public and priv ate investments in our communities are 38
64	64	important for economic growth, and protecting all structures 39
65	65	from flooding is essential to maintaining resilient communities. 40
66	66	(c) The mitigation of property damage constitutes a valid 41
67	67	and recognized objective of the Florida Building Code. 42
68	68	(d) It is important to develop a consistent, statewide 43
69	69	approach to minimizing flooding in the state to mitigate 44
70	70	property damage and encourage continued investment in our 45
71	71	communities. 46
72	72	(e) Minimum freeboard requirements are critic al to 47
73	73	addressing the devastating effects of flooding, and delaying the 48
74	74	adoption and implementation of such requirements constitutes a 49
75	75	threat to the health, safety, and welfare of the state. 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	(2) For purposes of this section, the term: 51
89	89	(a) "Coastal high-hazard area" means a special flood 52
90	90	hazard area along the coast, as delineated by a Flood Insurance 53
91	91	Rate Map issued by the Federal Emergency Management Agency, that 54
92	92	has additional hazards due to wind and wave action. 55
93	93	(b) "Freeboard" means the additional h eight, usually 56
94	94	expressed as a factor of safety in feet, above the base flood 57
95	95	elevation in determining the level at which a structure's lowest 58
96	96	floor or the bottom of the lowest horizontal structural member 59
97	97	must be elevated in accordance with floodplain mana gement 60
98	98	regulations and the Florida Building Code. If a base flood 61
99	99	elevation is not determined for a structure that is not located 62
100	100	in a special flood hazard area as designated by a Flood 63
101	101	Insurance Rate Map issued by the Federal Emergency Management 64
102	102	Agency, the term "freeboard" means the highest adjacent grade at 65
103	103	the foundation of a structure. 66
104	104	(c) "Maximum allowable height" means the maximum height 67
105	105	allowed for a structure in the applicable zoning district. 68
106	106	(d) "Substantial improvement" has the meaning as in s. 69
107	107	161.54(12). 70
108	108	(e) "Voluntary freeboard" means the additional height 71
109	109	above the freeboard required by floodplain management 72
110	110	regulations and the Florida Building Code. If freeboard is not 73
111	111	required by floodplain management regulations and the Florida 74
112	112	Building Code, the term "voluntary freeboard" means the 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	additional height above the highest adjacent grade at the 76
126	126	foundation of a structure. 77
127	127	(3)(a) The maximum voluntary freeboard for all new 78
128	128	construction and substantial improvements to existing 79
129	129	construction, whether residential, commercial, industrial, or 80
130	130	nonresidential, is 4 feet. 81
131	131	(b) Within a coastal high -hazard area, the maximum 82
132	132	voluntary freeboard for all new construction and substantial 83
133	133	improvements to existing construction, whether residential, 84
134	134	commercial, industrial, or nonresidential, is 9 feet. 85
135	135	(4) For all new construction of a residential structure 86
136	136	and substantial improvements to an existing residential 87
137	137	structure, including a manufactured home, or an existing 88
138	138	commercial, industrial, or nonresidential structure, voluntary 89
139	139	freeboard may not be used in the calculation of the maximum 90
140	140	allowable height for the structure. 91
141	141	(5) A local government may adopt by ordinance a minimum 92
142	142	freeboard requirement or a maximum voluntary freeboard that 93
143	143	exceeds the requirements in the Florida Building Code or 94
144	144	established in this section. 95
145	145	(6) The commission shall develop and adopt by rule minimum 96
146	146	freeboard requirements by November 1, 2023, which shall take 97
147	147	immediate effect, and shall incorporate such requirements into 98
148	148	the next edition of the Florida Building Code. 99
149	149	(7) Beginning in January 2028, and every 5 years 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	thereafter, the commission shall review the freeboard 101
163	163	requirements in the Florida Building Code and make 102
164	164	recommendations to the Legislature regarding any necessary 103
165	165	revisions to such requirements. 104
166	166	Section 3. This act shall take effect July 1, 2023. 105