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