Florida SB 1094: “An act relating to the peril of flood”

On May 21, 2015, Governor Rick Scott signed into law Florida Senate Bill 1094, “An Act relating to the peril of flood.”  SB 1094 requires consideration of future flood risk from storm surge and sea level rise in certain portions of local government comprehensive plans. In accordance with SB 1094, Florida Statute section 163.3178(2)(f)1 now includes sea-level rise as one of the causes of flood risk that must be addressed in the “redevelopment principles, strategies, and engineering solutions” to reduce flood risk.

The law expands the flood insurance that may be offered by admitted insurance carriers, requires local governments to include a redevelopment component to reduce the risk of flood when drafting comprehensive coastal management plans, and requires surveyors and mappers to submit elevation certificates to the Division of Emergency Management.

The law specifies components that must be contained in the coastal management element required for a local government comprehensive plan. Each must contain a coastal redevelopment component that addresses how to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise.

The redevelopment component must now:

1. Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise.

2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency.

3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state.

4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60.

5. Require that any construction activities seaward of the coastal construction control lines established pursuant to s. 161.053 be consistent with chapter 161.

6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents.

 

The law revises other provisions related to flood insurance. It deletes the prohibition against supplemental flood insurance including excess flood coverage over other flood insurance. The Act also requires an insurance agent to offer a flood insurance quote when quoting an insurance policy that will cover a residential structure located within specified areas. 

Standard flood insurance must now cover losses from the peril of flood equivalent to that provided under a standard flood insurance policy under the National Flood Insurance Program.

  

Publication Date: May 21, 2015

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