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 Environment and Natural Resources
BILL: CS/SB 1766
INTRODUCER: Committee on Environment and Natural Resources and Senator Rodriguez
SUBJECT: Flood Damage Prevention
DATE: January 30, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Favorable
2. Barriero Rogers EN Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1766, cited as the Flood Damage Prevention Act of 2024, 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. The bill provides that in all
areas, including coastal high-hazard areas, the maximum voluntary freeboard is 10 feet.
Freeboard 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.
The bill authorizes a local government to adopt by ordinance minimum voluntary freeboard
requirements or a maximum voluntary freeboard that exceeds the requirements in the bill or the
Florida Building Code.
In addition, the bill directs the Florida Building Commission to develop and adopt minimum
freeboard requirements by November 1, 2024, and incorporate such requirements into the next
edition of the Florida Building Code. Beginning January 2029, and every five years thereafter,
the commission must review the freeboard requirements in the Florida Building Code and make
recommendations to the Legislature regarding any necessary revisions to such requirements.
BILL: CS/SB 1766 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.1 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.2
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 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, 2002.3
The Building Code is updated every three years.4 The current edition of the Building Code is the
eighth edition, which is referred to as the 2023 Florida Building Code.5
Chapter 553, part IV, F.S., is known as the Florida Building Codes 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.6
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.7 A local
government must determine there is a need to strengthen the requirements of the Building Code
based on a review of local conditions.8 Such amendments may not introduce a new subject not
addressed in the Building Code.9 Most technical amendments sunset upon adoption of the newest
edition of the Building Code, unless adopted into the Building Code.10
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 Jan. 17, 2024).
2
Id.
3
Id.; Dep’t of Business and Professional Regulation, Building Code Information System, available at:
https://floridabuilding.org/c/default.aspx# (last visited Jan. 17, 2024).
4
See Florida Building Commission, Florida Building Codes and Effective Dates, available at
https://www.floridabuilding.org/fbc/Publications/2023_Effective_Dates.pdf.
5
See Florida Building Code, 2023 Florida Building Code: 8th Edition, available at
https://codes.iccsafe.org/content/FLBC2023P1.
6
Section 553.72(1), F.S.
7
Section 553.73 (4)(b), F.S.
8
Id.
9
Id.
10
Section 553.73(4)(e), F.S.
BILL: CS/SB 1766 Page 3
The Florida Building Commission was statutorily created to implement the Building Code. The
commission, which is housed within the Department of Business and Professional Regulation, 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,11 the National Electric Code,
and other nationally adopted model codes during its triennial update of the Building Code.12
Local Enforcement of the Florida Building Code
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.13 Every local government
must enforce the Building Code and issue building permits.14 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.15
Any construction work that requires a building permit also requires plans and inspections to
ensure the work complies with the Building Code, including certain building, electrical,
plumbing, mechanical, and gas inspections.16 Construction work may not be done beyond a
certain point until it passes an inspection.17
National Flood Insurance Program
The National Flood Insurance Program (NFIP) was created by the passage of the National Flood
Insurance Act of 1968.18 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.19 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.
Participation in the NFIP is voluntary.20 Within participating communities, the federal
11
The International Code Council 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 Jan. 17, 2024).
12
Sections 553.73 and 553.74, F.S.
13
Section 553.72, F.S.
14
Sections 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
15
Sections 125.56(4)(a) and 553.79(1), F.S.
16
Florida Building Code, 2023 Florida Building Code: 8th Edition, s. 110, available at
https://codes.iccsafe.org/content/FLBC2023P1/chapter-1-scope-and-administration#FLBC2023P1_Ch01_SubCh02_Sec110.
17
Id.
18
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. 17, 2024).
19
Benefits.gov, National Flood Insurance Program (NFIP), available at https://www.benefits.gov/benefit/435 (last visited
Jan. 17, 2024).
20
FEMA, Participation in the NFIP, https://www.fema.gov/glossary/participation-
nfip#:~:text=Participation%20in%20the%20National%20Flood%20Insurance%20Program%20%28NFIP%29,of%20intent%
20to%20participate%20and%20cooperate%20with%20FEMA%3B (last visited Mar. 21, 2023).
BILL: CS/SB 1766 Page 4
government makes flood insurance available throughout the community.21 To join, a community
must:
Complete an application;
Adopt a resolution of intent to participate and cooperate with FEMA; and
Adopt and submit a floodplain management ordinance that meets or exceeds the minimum
NFIP criteria.22
FEMA collaborates with participating communities to develop flood maps called Flood
Insurance Rate Maps (FIRMs) that depict the community’s flood risk and floodplain.23 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.24 An area of specific focus on
the FIRM is the Special Flood Hazard Area (SFHA).25 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
year26 and a one-in-four change of flooding during a 30-year mortgage.27 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.28
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.29
Base Flood Elevation and Freeboard
A base flood is a flood that has a one percent chance of occurring during any given year.30
The Base Flood Elevation (BFE) is how high floodwater is likely to rise during a 1-percent-
annual-chance flood event (base flood).31 BFEs are measured from a reference point called
21
Id.
22
Id.
23
See Congressional Research Service, Introduction to the National Flood Insurance Program, 3 (2023), available at
https://crsreports.congress.gov/product/pdf/R/R44593.
24
Id.
25
Id.
26
Id.
27
FEMA, Coastal Hazards & Flood Mapping: A Visual Guide, 6, available at
https://www.fema.gov/sites/default/files/documents/fema_coastal-glossary.pdf.
28
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).
29
Congressional Research Service, Introduction to the National Flood Insurance Program (Updated Dec. 20, 2023), p. 6,
available at https://crsreports.congress.gov/product/pdf/R/R44593.
30
FEMA, Coastal Hazards & Flood Mapping: A Visual Guide, 6, available at
https://www.fema.gov/sites/default/files/documents/fema_coastal-glossary.pdf.
31
Id.
BILL: CS/SB 1766 Page 5
NAVD88, which is approximately equal to sea level, and vary widely across geographies. 32 The
BFE represents the minimum elevation of construction allowed by the NFIP.33
Freeboard
Freeboard is an additional amount of height above the BFE used as a factor of safety 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.34 Freeboard is
usually expressed in feet above flood level and helps compensate for the many unknown factors
that could contribute to flood heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and the hydrological effect of
urbanization of the watershed. Freeboard is not required by NFIP standards, but FEMA
encourages communities to adopt at least one foot of freeboard. Freeboard results in significantly
lower flood insurance rates due to lower flood risk.35 Typically, two feet of freeboard will save a
homeowner more than 40 percent off flood insurance through the NFIP.36
The Building Code requires all buildings located in a flood hazard area to be built an additional
one foot higher.37 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
32
Id.
33
See generally FEMA, Residential Buildings with Basements, https://www.fema.gov/floodplain-management/manage-
risk/residential-buildings-
basements#:~:text=Since%201971%2C%20the%20National%20Flood%20Insurance%20Program%20%28NFIP%29,Zones
%20only%29%20to%20the%20Base%20Flood%20Elevation%20%28BFE%29 (last visited Mar. 21, 2023). FEMA, Coastal
Hazards & Flood Mapping: A Visual Guide at 6 (depicting BFE graphic).
34
FEMA, Freeboard, https://www.fema.gov/glossary/freeboard (last visited Jan. 17, 2024).
35
Id.
36
FEMA, Local Government Officials - Floodplain Management Resources, https://www.fema.gov/floodplain-
management/manage-risk/local (last visited Jan. 24, 2024).
37
Florida Building Code, 2023 Florida Building Code: Eighth Edition, Residential, s. R322.2.1, available at
https://codes.iccsafe.org/content/FLRC2023P1/chapter-3-building-planning#FLRC2023P1_Pt03_Ch03_SecR322.2.1;
Florida Building Code-Building, Table 2-1 Elevation Requirements.
BILL: CS/SB 1766 Page 6
Code.38 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.39 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.40
Following Hurricane Ian, FEMA published a Mitigation Assessment Team Report to assess the
performance of buildings and building-related damage from the hurricane.41 The report
concluded, among other things, that incorporating additional freeboard into the minimum
building elevation helped mitigate flood damage.42
III. Effect of Proposed Changes:
Section 1 provides that this act may be cited as the “Flood Damage Prevention Act of 2024.”
Section 2 creates s. 553.845, F.S., regarding flood damage prevention. The bill includes the
following findings:
The state is vulnerable to the adverse effects of flooding resulting from the frequency and
intensity of rainfall and an increase in storm surge and sea level rise. These adverse effects
pose a significant risk to existing and future structures in the state.
Public and private investments in our communities are important for economic growth, and
protecting all structures from flooding is essential to maintaining resilient communities.
38
Wilton Manors, FL. Ordinance No, 2020-004 § 2, 5-26-20, City of Miami Beach Flood Plain Management, Sec. 54-35.
39
Section 553.73(5) F.S.
40
Id. FEMA, Designing for Flood Levels Above the Minimum Required Elevation After Hurricane Ian, 456 (2023), available
at https://www.fema.gov/sites/default/files/documents/fema_rm-hurriance-ian-mat-report-12-2023.pdf (depicting graphic of
freeboard). “DFE” means Design Flood Elevation, or the minimum building elevation. Id. at 455.
41
FEMA, Mitigation Assessment Team Report: