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 Community Affairs
BILL: SB 1018
INTRODUCER: Senator Trumbull
SUBJECT: Flood Damage Prevention
DATE: March 14, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Favorable
2. EN
3. RC
I. Summary:
SB 1018, cited as the “Flood Damage Prevention Act of 2023,” provides that “voluntary
freeboard” may not be used in the calculation of the maximum allowable height in the applicable
zoning district for certain new and substantially improved structures. In coastal high-hazard
areas, the maximum voluntary freeboard is 9 feet, and in all other areas the maximum voluntary
freeboard is 4 feet.
Freeboard, in the context of flood elevation requirements, generally refers to elevating a
building’s lowest floor above the Base Flood Elevation (BFE) and is usually expressed in terms
of feet. The BFE is how high floodwater is likely to rise during a 1-percent-annual-chance flood
event (“base flood”) and represents the minimum elevation of construction allowed. Freeboard
provides an added margin of safety to address flood modeling and mapping uncertainties and can
lead to reductions in flood insurance premiums.
The bill also authorizes a local government to adopt by ordinance minimum freeboard
requirements or a maximum voluntary freeboard that exceeds the requirements in the bill or the
Florida Building Code.
Lastly, the bill directs the Florida Building Commission to develop and adopt minimum
freeboard requirements by November 1, 2023, and incorporate such requirements into the next
edition of the Florida Building Code.
The bill takes effect on July 1, 2023.
REVISED: BILL: SB 1018 Page 2
II. Present Situation:
The Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a
minimum building code that would ensure that Florida’s minimum standards were met. Local
governments could choose from four separate model codes. The state’s role was limited to
adopting all or relevant parts of new editions of the four model codes. Local governments could
amend and enforce their local codes, as they desired.
1
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work.
Hurricane Andrew easily destroyed those structures that were allegedly built according to the
strongest code. The Governor eventually appointed a study commission to review the system of
local codes and make recommendations for modernizing the system. The 1998 Legislature
adopted the study commission’s recommendations for a single state building code and enhanced
the oversight role of the state over local code enforcement. The 2000 Legislature authorized
implementation of the Building Code, and that first edition replaced all local codes on March 1,
2002.
2
The Building Code is updated every three years. The current edition of the Building Code is the
seventh edition, which is referred to as the 2020 Florida Building Code.
3
The next edition of the
Building Code will take effect on December 31, 2023.
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (act). The purpose and
intent of the act is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Building Code must be applied,
administered, and enforced uniformly and consistently from jurisdiction to jurisdiction.
4
Local governments may, not more than once every 6 months, adopt amendments to the technical
provisions of the Building Code that apply solely within the jurisdiction of such government and
that provide for more stringent requirements than those specified in the Building Code.
5
A local
government must determine there is a need to strengthen the requirements of the Building Code
based on a review of local conditions.
6
Such amendments may not introduce a new subject not
addressed in the Building Code.
7
Most technical amendments sunset upon adoption of the newest
edition of the Building Code, unless adopted into the Building Code.
8
1
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4, available
at http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited March 10, 2023).
2
Id.; DBPR, Building Code Information System, available at: https://floridabuilding.org/c/default.aspx# (last visited March
10, 2023).
3
Id.
4
Section 553.72(1), F.S.
5
Section 553.73 (4)(b), F.S.
6
Id.
7
Id.
8
Section 553.73(4)(e), F.S. BILL: SB 1018 Page 3
The Florida Building Commission (commission) was statutorily created to implement the
Building Code. The commission, which is housed within the Department of Business and
Professional Regulation (DBPR), is a 19-member technical body made up of design
professionals, contractors, and government experts in various disciplines covered by the Building
Code. The commission reviews International Codes published by the International Code
Council,
9
the National Electric Code, and other nationally adopted model codes during its
triennial update of the Building Code.
10
Local Enforcement of the Florida Building Code
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and
welfare.
11
Every local government must enforce the Building Code and issue building permits.
12
It is
unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish
any building without first obtaining a permit from the local government enforcing agency or
from such persons as may, by resolution or regulation, be directed to issue such permit, upon the
payment of reasonable fees as set forth in a schedule of fees adopted by the enforcing agency.
13
Any construction work that requires a building permit also requires plans and inspections to
ensure the work complies with the Building Code. The Building Code requires certain building,
electrical, plumbing, mechanical, and gas inspections.
14
Construction work may not be done
beyond a certain point until it passes an inspection.
National Flood Insurance Program
The National Flood Insurance Program (NFIP) was created by the passage of the National Flood
Insurance Act of 1968.
15
The NFIP is administered by the Federal Emergency Management
Agency (FEMA) and provides homeowners, business owners, and renters in flood-prone areas
the ability to purchase flood insurance protection from the federal government.
16
The general
purpose of the NFIP is both to offer primary flood insurance to properties with significant flood
risk, and to reduce flood risk through the adoption of floodplain management standards.
Communities volunteer to participate in the NFIP in order to have access to federal flood
insurance, and in return are required to adopt minimum floodplain management standards that
are described in FEMA regulations.
9
The International Code Council (ICC) is an association that develops model codes and standards used in the design,
building, and compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code
Council, About the ICC, available at https://www.iccsafe.org/about/who-we-are/ (last visited March 10, 2023).
10
Sections 553.73, and 553.74, F.S.
11
Section 553.72, F.S.
12
Sections 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
13
Sections 125.56(4)(a), 553.79(1), F.S.
14
Section 110 Seventh edition of the Florida Building Code (Building).
15
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 March 10, 2023).
16
Benefits.gov, National Flood Insurance Program (NFIP), available at https://www.benefits.gov/benefit/435 (last visited
March 10, 2023). BILL: SB 1018 Page 4
FEMA develops, in coordination with participating communities, flood maps called Flood
Insurance Rate Maps (FIRMs) that depict the community’s flood risk and floodplain. While
FEMA is largely responsible for the creation of the FIRM, the community itself must pass the
map into its local regulations in order for the map to be effective. An area of specific focus on
the FIRM is the Special Flood Hazard Area (SFHA). The SFHA is intended to distinguish the
flood risk zones that have a chance of flooding during a “1 in 100 year flood” or greater
frequency. This means that properties in the SFHA have a risk of 1 percent or greater risk of
flooding every year and a one-in-four change of flooding during a 30-year mortgage. In a
community that participates in the NFIP, owners of properties in the mapped SFHA are required
to purchase flood insurance as a condition of receiving a federally backed mortgage.
17
Key conditions of the NFIP minimum floodplain management standards include, among many
other conditions, that communities:
Require permits for development in the SFHA;
Require elevation of the lowest floor of all new residential buildings in the SFHA to or above
the Base Flood Elevation;
Restrict development in floodways to prevent increasing the risk of flooding; and
Require certain construction materials and methods that minimize future flood damage.
18
Base Flood Elevation and Freeboard
The Base Flood Elevation (BFE) is how high floodwater is likely to rise during a 1-percent-
annual-chance flood event (“base flood”).
19
BFEs are measured from a reference point called
NAVD88, which is approximately equal to sea level, and vary widely across geographies.
20
The
BFE represents the minimum elevation of construction allowed by the NFIP.
Source: FEMA, Coastal Hazards & Flood Mapping: A Visual Guide, p. 6.
17
Such lenders include federal agency lenders, such as the Department of Veterans Affairs, government-sponsored
enterprises Fannie Mae, Freddie Mac, and federally regulated lending institutions, such as banks covered by the Federal
Deposit Insurance Corporation (FDIC) or the Office of the Comptroller of the Currency (OCC).
18
Congressional Research Service, Introduction to the National Flood Insurance Program (Updated Jan. 6, 2023), p. 6,
available at https://crsreports.congress.gov/product/pdf/R/R44593 (last visited March 12, 2023).
19
FEMA, Coastal Hazards & Flood Mapping: A Visual Guide, p. 6, available at
https://www.fema.gov/sites/default/files/documents/fema_coastal-glossary.pdf (last visited March 12, 2023).
20
Id. BILL: SB 1018 Page 5
Freeboard
Freeboard is “an additional amount of height above the Base Flood Elevation used as a factor of
safety (e.g., 2 feet above the Base Flood) in determining the level at which a structure's lowest
floor must be elevated or floodproofed to be in accordance with state or community floodplain
management regulations.”
21
Freeboard, usually expressed in feet above flood level, helps to
compensate for many unknown factors that could contribute to flooding and results in
significantly lower flood insurance rates due to lower flood risk.
22
Freeboard is not required by
NFIP eligibility standards, but FEMA encourages communities to adopt at least one foot of
freeboard.
23
The Building Code requires all buildings located in a flood hazard area to be built an additional
one foot higher.
24
However, many Florida communities adopt requirements for additional
elevation above the minimum in the Building Code, ranging from two to five feet above the
BFE. Local freeboard requirements are incorporated via technical amendments to the Building
Code.
25
Florida Statutes specifically authorizes counties and municipalities to adopt
administrative or technical amendment to the Building Code relating to flood resistance in order
to implement the NFIP or other incentives.
26
Flood-related local amendments that require a
design flood elevation above the BFE are not subject to sunset upon adoption of the newest
edition of the Building Code.
27
III. Effect of Proposed Changes:
The bill, cited as the “Flood Damage Prevention Act of 2023,” creates s. 553.845 F.S., to require
that “voluntary freeboard” may not be used in the calculation of the maximum allowable height
28
for a structure in an applicable zoning district. Specifically, the maximum voluntary freeboard
allowed for all new construction and substantial improvements
29
to existing construction,
whether residential, commercial, industrial, or nonresidential, is 4 feet. However in coastal high-
hazard area, the maximum voluntary freeboard is 9 feet.
“Coastal high-hazard area” is defined in the bill as a special flood hazard area along the coast, as
delineated by a Flood Insurance Rate Map (FIRM) issued by the Federal Emergency
Management Agency (FEMA) that has additional hazards due to wind and wave action.
21
FEMA, Freeboard, available at https://www.fema.gov/glossary/freeboard (last visited March 10, 2023)
22
Id.
23
Id.
24
6th Edition of the Florida Building Code- Residential 322.2.1, Florida Building Code-Building, Table 2-1 Minimum of the
Top of the Lowest Floor
25
Wilton Manors, FL. Ordinance No, 2020-004 § 2, 5-26-20, City of Miami Beach Flood Plain Management, Sec. 54-35. -
Definitions
26
Section 553.73 (5) F.S.
27
Id.
28
“Maximum allowable height” means the maximum height allowed for a structure in the applicable zoning district.
29
“Substantial improvement” means any repair, reconstruction, rehabilitation, or improvement of a structure when the actual
cost of the improvement or repair of the structure to its pre-damage condition equals or exceeds 50 percent of the market
value of the structure either: (a) Before the improvement or repair is started; or (b) If the structure has been damaged and is
being restored, before the damage occurred.
BILL: SB 1018 Page 6
“Freeboard” is defined as the additional height, usually expressed as a factor of safety in feet,
above the base flood elevation in determining the level at which a structure’s lowest floor or the
bottom of the lowest horizontal structural member must be elevated in accordance with
floodplain management regulations and the Florida Building Code (Building Code). If a base
flood elevation is not determined for a structure that is not located in a special flood hazard area
as designated by a FIRM issued by the FEMA, the term “freeboard” means the highest adjacent
grade at the foundation of a structure.
“Voluntary freeboard” is defined as the additional height above the freeboard required by
floodplain management regulations and the Building Code. If freeboard is not required by
floodplain management regulations and the Building Code, the term “voluntary freeboard”
means the additional height above the highest adjacent grade at the foundation of a structure.
The bill also authorizes a local government to adopt by ordinance minimum freeboard
requirements or a maximum voluntary freeboard that exceeds the requirements in the bill or the
Building Code.
Lastly, the bill directs the Florida Building Commission to develop and adopt minimum
freeboard requirements by November 1, 2023, and incorporate such requirements into the next
edition of the Building Code.
The bill makes substantial legislative findings regarding the importance of flood mitigation and
Florida’s vulnerability to adverse effects caused by flooding.
The bill takes effect on July 1, 2023.
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. BILL: SB 1018 Page 7
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Building owners who incorporate voluntary freeboard may receive flood insurance
discounts and also reduce their exposure to flood events.
C. Government Sector Impact:
The Florida Building Commission may incur costs to develop adopt new freeboard
requirements. However, these costs can likely be absorbed with existing resources.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 553.845 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.