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