Bill Text: FL S0920 | 2023 | Regular Session | Introduced

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Bill Title: Local Floodplain Management

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-05-05 - Died in Community Affairs [S0920 Detail]

Download: Florida-2023-S0920-Introduced.html

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       Florida Senate - 2023                                     SB 920
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00582-23                                            2023920__
    1                        A bill to be entitled                      
    2         An act relating to local floodplain management;
    3         amending s. 553.73, F.S.; prohibiting local
    4         governments adopting technical amendments to the
    5         Florida Building Code to implement the National Flood
    6         Insurance Program or incentives from denying requests
    7         for specified variances or exceptions to certain local
    8         floodplain management requirements; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (5) of section 553.73, Florida
   14  Statutes, is amended to read:
   15         553.73 Florida Building Code.—
   16         (5) Notwithstanding subsection (4), counties and
   17  municipalities may adopt by ordinance an administrative or
   18  technical amendment to the Florida Building Code relating to
   19  flood resistance in order to implement the National Flood
   20  Insurance Program or incentives. Specifically, an administrative
   21  amendment may assign the duty to enforce all or portions of
   22  flood-related code provisions to the appropriate agencies of the
   23  local government and adopt procedures for variances and
   24  exceptions from flood-related code provisions other than
   25  provisions for structures seaward of the coastal construction
   26  control line consistent with the requirements in 44 C.F.R. s.
   27  60.6. A technical amendment is authorized to the extent it is
   28  more stringent than the code. However, if a local floodplain
   29  management requirement exceeds minimum standards for the
   30  National Flood Insurance Program, a county or municipality may
   31  not deny a request for a variance or an exception to such
   32  requirement, provided that the requested variance or exception
   33  meets such minimum standards. A technical amendment is not
   34  subject to the requirements of subsection (4) and may not be
   35  rendered void when the code is updated if the amendment is
   36  adopted for the purpose of participating in the Community Rating
   37  System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
   38  had already been adopted by local ordinance prior to July 1,
   39  2010, or the amendment requires a design flood elevation above
   40  the base flood elevation. Any amendment adopted under this
   41  subsection must shall be transmitted to the commission within 30
   42  days after being adopted. A municipality, county, or special
   43  district may not use preliminary maps issued by the Federal
   44  Emergency Management Agency for any law, ordinance, rule, or
   45  other measure that has the effect of imposing land use changes
   46  or permits.
   47         Section 2. This act shall take effect July 1, 2023.