Resilient Florida Legislation Passes and Awaits Governor's Signature

Climate Champions Team

On April 8, 2021, the State of Florida solidified its commitment to planning for resiliency and funding projects to address flooding and sea level rise by passing a transformational bill HB 7019/SB 1954. The 18 page bill creates the first major program in Florida to address the future risks of sea level rise and flooding by authorizing up to $100 million annually for a new grant program focused on local government, subject to legislative appropriation. While this is a key aspect of the legislation, its not the only important element.

Resilient Florida Grant Program. The Florida Department of Environmental Protection (DEP) is now authorized to fund grants for planning, data collection and projects to address future flood risks including sea level rise. The grant program can fund vulnerability assessments to determine a community's risks to these threats, but those vulnerability assessments must meet certain parameters outlined in the legislation.

Comprehensive Statewide Flood Vulnerability and Sea Level Rise Dataset and Assessment. The legislation also required DEP to develop a statewide plan (not just at the local government level) to address flood vulnerability and sea level rise. It also required DEP to develop a statewide dataset to create this assessment and update it periodically. The Assessment must focus on critical assets and other regionally significant assets at the State level.

Statewide Flooding and Sea Level Rise Resilience Plan. Annually, DEP must now create and update a Statewide Flooding and Sea Level Rise Resiliency Plan which is comprised of ranked projects that mitigate or eliminate risks from flooding and sea level rise. The bill contains requirements for project submittals and evaluation including a 50% cost share unless the project is within a financially disadvantaged small community, then the cost share requirement may be reduced. Projects must be submitted by a county, municipality, regional resilience entity, water management district or flood control district or have been identified in the statewide assessment previously outlined. Certain project expenses are prohibited such as those that focused on just recreation, aesthetics or project not directly tied to a resiliency benefit. The section includes a scoring system for ranking projects.

Funding. The bill authorizes up to $100 million annually subject to a legislative appropriation. This is important because while the legislation creates the program it does not include a dedicated funding source that doesn't require additional action by the Legislature. This is issue is not without divergent perspectives. Companion to this effort, SB 2512 revises documentary stamp tax allocations for the Affordable Housing Guarantee Program and shifts those funds to the Water Protection and Sustainability Trust Fund thus impacting existing desperately needed affordable housing programs across the state.

Regional Resilience Entities. The bill also authorizes funding for regional resilience entities such as the Southeast Florida Regional Climate Compact or the Coastal Resources Partnership in Palm Beach County for technical assistance, coordination or projects.

Florida Flood Hub for Applied Research. The bill establishes the University of South Florida College of Marine Science (or its successor entity) as the lead academic and research institution to address flooding and sea level rise challenges of the state. The charge of the hub is to coordinate data, modeling, research, establish community programs and cooperate with other governmental entities.

Inland and Coastal Flood Control. The bill requires the State's Office of Economic and Demographic Research to assess the need for future expenditures and costs related to sea level rise, flooding and storm surge. Importantly, the assessment must also identify any "gaps" between estimated revenues and expenditures for these purposes.

So while this legislation still requires legislative action for appropriations and not all agree on the funding strategy, the Resilient Florida Program is a gamechanger and transformational within the state and serves as a national model for other states to emulate.