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New Florida laws boost statewide flood resilience

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June 3, 2024

 

This session the Florida Legislature unanimously passed a series of bills that increase flood resilience. 

The American Flood Coalition was proud to provide input in these bills, and their unanimous passage highlights the bipartisan importance placed on addressing flooding and sea level rise. 

The American Flood Coalition thanks Governor Ron DeSantis, Senate President Kathleen Passidomo, and Speaker Paul Renner for passing these bills, each of which is detailed below. There is still work to be done, but together these laws mark a step forward in statewide flood resilience.

$100 million/year for Resilient Florida

In terms of sheer funding committed, one of the most significant bills passed is Senate Bill 1638, which uses revenue from the Seminole Gaming Compact to fund several environmental programs. Over the next six years, the state is projected to take in over $4.4 billion in gaming revenue.

Notably, roughly $100 million/year will go to the Resilient Florida grant program, which provides communities with funds to plan and construct flood-resilient projects. This gives the Resilient Florida grant program a crucial second source of funding that should lead to at least $200 million/year of total funding.

Since it was created in 2021 through the state’s “Always Ready” law, which AFC helped shape, Resilient Florida has invested in over $1.5 billion in flood and resilience projects

There is incredible demand for Resilient Florida (over $1 billion this year alone), and the program funds infrastructure projects in every corner of the state — from the Panhandle to the Florida Keys, inland and coastal communities alike.

More communities eligible to receive Resilient Florida project cost share

Hearing from our local members in Florida, we found that under the previous criteria, certain communities lacked the resources to move projects from planning to execution. These same communities were not eligible for reduced cost share because of their population. 

With AFC’s guidance, the legislature expanded the eligibility criteria so that these same communities can benefit, regardless of population size. Under these grants, communities at or below 75% of the state’s per capita annual income are now eligible for greater financial assistance with local resilient infrastructure projects. Now an additional 25 municipalities and one county are eligible for reduced cost share in the Resilient Florida grant program. 

AFC is grateful for the leadership of Chairman James Buchanan, the bill authors Representative Linda Chaney and Senator Alexis Calatayud, and the Department of Environmental Protection in pursuing this impactful change, rooted in the concerns of local communities. Because of this bill, Resilient Florida funds will deploy faster to more communities that need them.

New rules on flood disclosure 

Also unanimously passed by the legislature was House Bill 1049, which creates new rules for disclosing flood risk to potential homebuyers. Specifically, the new legislation does the following:

  • Informs buyers that homeowners’ insurance does not cover flood damage and encourages discussion about purchasing separate flood insurance.
  • Requires sellers to disclose if they ever filed a claim for flood damage with any insurance provider, including the National Flood Insurance Program.
  • Requires sellers to disclose if they have received federal assistance for flood damage to the property, notably from FEMA.

Though these new requirements will disclose some flood damage to potential homebuyers, it is only a partial solution. To give homebuyers a more comprehensive picture of flood risk, future laws can require home sellers to disclose flood damage during their ownership, regardless if they filed an insurance claim, as well as require homeowners to inform buyers that they maintain flood insurance. 

AFC applauds the sponsors of this bill, State Senator Jennifer Bradley and AFC member State Representative Christine Hunschofsky, for their continued commitment to boosting flood resilience.

The latest series of bills demonstrates Florida’s continued commitment to investing in flood resilience. The American Flood Coalition applauds the legislature for further protecting Floridians from the impacts of flooding and sea level rise.

Credit for photo at top: Zachary Vessels/Pexels

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