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Agenda 09/14/2021 Item #17C (Resolution - EAR Amendments to the GMP amending the Conservationand Coastal Management Element)09/14/2021 EXECUTIVE SUMMARY This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. A Resolution of the Board of County Commissioners proposing Evaluation and Appraisal Review (EAR) amendments to the Collier County Growth Management Plan (GMP), Ordinance 89-05, as amended, specifically amending the Conservation and Coastal Management Element to address sea level rise, and update nomenclature, and furthermore, directing transmittal of the proposed amendments to the Florida Department of Economic Opportunity. [PL20210001271]. _______________________________________________________________________________ OBJECTIVE: To have the Board of County Commissioners (BCC) transmit a Resolution to amend the Growth Management Plan (GMP) Ordinance 89-05, as amended, to amend the Conservation and Coastal Management Element, as required by Florida Statutes 163.3178. CONSIDERATIONS: In 2015, the Legislature approved House Bill 1094 to amend the Community Planning Act, FL Statute 163.3178 requiring Collier County to amend its Conservation and Coastal Management Element language to “Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which result from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise.” The bill requires additional language related to the use of “best practices” for development and redevelopment in flood zone areas to reduce losses due to flooding. The specific changes are enumerated in House Bill 1094 and a copy is included as an attachment to this executive summary. During the 2020 legislative session, the State required local governments to comply with the requirements of s. 163.3178 F.S. for Coastal Management. The State Department of Economic Opportunity (DEO) provided an Evaluation and Appraisal Notification to the Collier Growth Management Department related to compliance with the 2015 legislative changes for sea level rise. As a result, Collier County must adopt the proposed amendments to the Conservation and Coastal Management Element by December 31, 2021, as required by the DEO. Exhibit A details the proposed amendments to the CCME. It is included as an Attachment. The amendments include: • Objective 11, which is development of an adaptation action area... • Goal Area 14, is added, which is the reduction of flood risks from high tide events... • Goal 14, is added to the element, which is to foster resiliency by coordinating with local, state, and federal partners… • Objective 14.1, sets a December 2023 date to address issues related to sea-level rise, including development and redevelopment strategies to reduce the risk of flooding. It will encourage the use of best practices development principles to remove property from flood zone designations and reduce losses due to flooding... • Policy 14.2, states that the County shall continue to monitor all credible climate change 17.C Packet Pg. 3369 09/14/2021 and sea-level rise data… • Policy 14.3, states the County shall continue to support Florida Statutes for Beach and Shore Preservation… • Policy 14.4, states the County shall consider the possible impacts from climate change… • Policy 14.5 references the development of an adaptation action area for low lying zones experiencing coastal flooding. • Policy 10.3.6, there is a correction to the text from Setback Line to Control Line… • Policy 10.4.7, there is a correction to the text from Setback Line to Control Line. Also, there is a change to add the provisions of the Dennis L. Jones Beach and Shore Preservation Act of 2012… • Policy 10.4.8, there is a correction to the text from Setback Line to Control Line… Policy 10.4.13, strike the word ‘potential’… • Policy 10.5.4, there is a correction to the text from Setback Line to Control Line… • Policy 10.5.9, there is a correction to the text from Setback Line to Control Line, Also, there is a change to add the provisions of the Dennis L. Jones Beach and Shore Preservation Act of 2012… • Policy 10.5.11, there is a correction to the text from Setback Line to Control Line… GROWTH MANAGEMENT PLAN (GMP) IMPACT: The proposed amendments to the CCME will add a requirement within the Collier County GMP to codify language to “Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which result from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise.” FISCAL IMPACT: The fiscal impacts for the County associated with the development or resiliency strategies will be accommodated within the budgetary request of Comprehensive Planning within Fiscal Year 21-22 and FY 22-23. LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: “plan amendments shall be based on relevant and appropriate data and an analysis by the local government that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue.” 163.3177(1)(f), F.S. 17.C Packet Pg. 3370 09/14/2021 This item is approved as to form and legality. A majority vote is needed for Board approval to transit the Resolution to the Department of Economic Opportunity. - HFAC CCPC RECOMMENDATION: The Collier County Planning Commission at their August 19, 2021, advertised public hearing recommended unanimously for the Board to transmit to the Department of Economic Opportunity the Resolution to amend the CCME of the Collier GMP. STAFF RECOMMENDATION: That the Board directs staff to transmit the attached Resolution to amend the CCME within the Collier County GMP to the Department of Economic Opportunity. Prepared by: Mike Bosi, AICP, Director, Zoning Services ATTACHMENT(S) 1. CCME-Staff-Report (PDF) 2. Exhibit A CCME Draft Resolution - 071621 (PDF) 3. Exhibit-B-Laws-Florida-15-69 (PDF) 4. legal ad - agenda ID 17745 (PDF) 17.C Packet Pg. 3371 09/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 17.C Doc ID: 17745 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. A Resolution of the Board of County Commissioners proposing Evaluation and Appraisal Review (EAR) amendments to the Collier County Growth Management Plan (GMP), Ordinance 89-05, as amended, specifically amending the Conservation and Coastal Management Element to address sea level rise, and update nomenclature, and furthermore, directing transmittal of the proposed amendments to the Florida Department of Economic Opportunity. [PL20210001271]. Meeting Date: 09/14/2021 Prepared by: Title: – Zoning Name: Mike Bosi 08/11/2021 3:02 PM Submitted by: Title: – Zoning Name: Mike Bosi 08/11/2021 3:02 PM Approved By: Review: Zoning Mike Bosi Zoning Director Review Completed 08/12/2021 2:12 PM Growth Management Department Diane Lynch Growth Management Department Completed 08/17/2021 10:48 AM Zoning James Sabo Additional Reviewer Completed 08/18/2021 10:29 AM Growth Management Department James C French Growth Management Completed 08/18/2021 6:11 PM Growth Management Department Trinity Scott Transportation Skipped 08/23/2021 5:41 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/26/2021 10:38 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/01/2021 8:58 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/01/2021 9:32 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/01/2021 2:38 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/07/2021 3:00 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM 17.C Packet Pg. 3372 ‒ 1 ‒ Proposed Amendments-Conservation and Coastal Management Element STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: August 19, 2021 RE: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROPOSING EVALUATION AND APPRAISAL REVIEW (EAR) BASED AMENDMENTS TO ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO ADDRESS SEA LEVEL RISE, AND UPDATE NOMENCLATURE, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE PROPOSED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [PL20210001271] [TRANSMITTAL HEARING] INTRODUCTION The purpose of this proposed Growth Management Plan Element is to implement the legislative intent expressed in Senate Bill No. 1094 related to the peril of flooding. The Bill amends s. 163.3178 and specifies requirements for the Conservation and Coastal Management Element for a local comprehensive plan. BACKGROUND In 2015, the Legislature approved House Bill 1094 to amend the Community Planning Act, FL Statute 163.3178 requiring Collier County to amend its Conservation and Coastal Management Element language to “Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which result from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise.” The bill requires additional language related to the use of “best practices” for development and redevelopment in flood zone areas to reduce losses due to flooding. The specific changes are enumerated in House Bill 1094 and a copy is included as Attachment B. During the 2020 legislative session, the State required local governments to comply with the requirements of s. 163.3178 F.S. for Coastal Management. REQUESTED ACTION The State Department of Economic Opportunity (DEO) provided an Evaluation and Appraisal Notification to the Growth Management Department related to compliance with the 2015 legislative changes for sea level rise. As a result, Collier County must adopt the proposed amendments to the Conservation and Coastal Management Element by December 31, 2021 as required by the DEO. Exhibit A details the proposed amendments to the CCME. It is included as Attachment A. The amendments include: 17.C.a Packet Pg. 3373 Attachment: CCME-Staff-Report (17745 : PL20210001271 - GMP Amendment - CCME) ‒ 2 ‒ Proposed Amendments-Conservation and Coastal Management Element Objective 11, which is development of an adaptation action area... Goal Area 14, is added, which is the reduction of flood risks from high tide events... Goal 14, is added to the element, which is to foster resiliency by coordinating with local, state, and federal partners… Objective 14.1, sets a December 2023 date to address issues related to sea-level rise, including development and redevelopment strategies to reduce the risk of flooding. It will encourage the use of best practices development principles to remove property from flood zone designations and reduce losses due to flooding... Policy 14.2, states that the County shall continue to monitor all credible climate change and sea-level rise data… Policy 14.3, states the County shall continue to support Florida Statutes for Beach and Shore Preservation… Policy 14.4, states the County shall consider the possible impacts from climate change… Policy 14.5, references the development of an adaptation action area for low lying zones experiencing coastal flooding. Policy 10.3.6, there is a correction to the text from Setback Line to Control Line… Policy 10.4.7, there is a correction to the text from Setback Line to Control Line. Also, there is a change to add the provisions of the Dennis L. Jones Beach and Shore Preservation Act of 2012… Policy 10.4.8, there is a correction to the text from Setback Line to Control Line… Policy 10.4.13, strike the word ‘potential’… Policy 10.5.4, there is a correction to the text from Setback Line to Control Line… Policy 10.5.9, there is a correction to the text from Setback Line to Control Line, Also, there is a change to add the provisions of the Dennis L. Jones Beach and Shore Preservation Act of 2012… Policy 10.5.11, there is a correction to the text from Setback Line to Control Line… LEGAL CONSIDERATIONS: The County Attorney’s office reviewed the staff report on July 29, 2021. STAFF RECOMMENDATION That the Collier County Planning Commission, acting as the Land Planning Agency, forward the proposed Conservation and Coastal Management Element of the Growth Management Plan to the Board of County Commissioners with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity. 17.C.a Packet Pg. 3374 Attachment: CCME-Staff-Report (17745 : PL20210001271 - GMP Amendment - CCME) 17.C.b Packet Pg. 3375 Attachment: Exhibit A CCME Draft Resolution - 071621 (17745 : PL20210001271 - GMP Amendment - CCME) 17.C.b Packet Pg. 3376 Attachment: Exhibit A CCME Draft Resolution - 071621 (17745 : PL20210001271 - GMP Amendment - CCME) 17.C.b Packet Pg. 3377 Attachment: Exhibit A CCME Draft Resolution - 071621 (17745 : PL20210001271 - GMP Amendment - CCME) 17.C.b Packet Pg. 3378 Attachment: Exhibit A CCME Draft Resolution - 071621 (17745 : PL20210001271 - GMP Amendment - CCME) 17.C.b Packet Pg. 3379 Attachment: Exhibit A CCME Draft Resolution - 071621 (17745 : PL20210001271 - GMP Amendment - CCME) 17.C.b Packet Pg. 3380 Attachment: Exhibit A CCME Draft Resolution - 071621 (17745 : PL20210001271 - GMP Amendment - CCME) 17.C.b Packet Pg. 3381 Attachment: Exhibit A CCME Draft Resolution - 071621 (17745 : PL20210001271 - GMP Amendment - CCME) 17.C.b Packet Pg. 3382 Attachment: Exhibit A CCME Draft Resolution - 071621 (17745 : PL20210001271 - GMP Amendment - CCME) CHAPTER 2015-69 Committee Substitute for Committee Substitute for Committee Substitute for Senate Bill No. 1094 An act relating to the peril of flood; amending s. 163.3178, F.S.; specifying requirements for the coastal management element required for a local government comprehensive plan; creating s. 472.0366, F.S.; defining terms; requiring a surveyor and mapper to submit a copy of each elevation certificate that he or she completes to the Division of Emergency Management within a specified period beginning on a specified date; authorizing the redaction of certain personal information from the copy; amending s. 627.715, F.S.; authorizing flexible flood insurance; specifying coverage requirements; deleting a provision that prohibits supplemental flood insurance from including excess coverage over any other insurance covering the peril of flood; revising the information that must be prominently noted on a certain page of a flood insurance policy; requiring the Office of Insurance Regulation to require an insurer to provide an appropriate credit or refund to affected insureds if the office determines that a rate of the insurer is excessive or unfairly discriminatory; revising the notice that must be provided to and acknowledged by an applicant for flood coverage from an authorized or surplus lines insurer if the applicant’s property is receiving flood insurance under the National Flood Insurance Program; allowing an authorized insurer to request a certification from the office which indicates that a policy, contract, or endorsement issued by the insurer provides coverage for the peril of flood which equals or exceeds the flood coverage offered by the National Flood Insurance Program; specify- ing requirements for such certification; authorizing such insurer or its agent to reference or include the certification in specified advertising, communications, and documentation; providing that misrepresenting that a flood policy, contract, or endorsement is certified is an unfair or deceptive act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (f) of subsection (2) of section 163.3178, Florida Statutes, is amended to read: 163.3178 Coastal management.— (2) Each coastal management element required by s. 163.3177(6)(g) shall be based on studies, surveys, and data; be consistent with coastal resource plans prepared and adopted pursuant to general or special law; and contain: (f) A redevelopment component that which outlines the principles that must which shall be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise.The component must: 1 CODING: Words stricken are deletions; words underlined are additions. 17.C.c Packet Pg. 3383 Attachment: Exhibit-B-Laws-Florida-15-69 (17745 : PL20210001271 - GMP Amendment - CCME) 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk incoastal 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. Section 2. Section 472.0366, Florida Statutes, is created to read: 472.0366 Elevation certificates; requirements for surveyors and map- pers.— (1) As used in this section, the term: (a)“Division”means the Division of Emergency Management established within the Executive Office of the Governor under s. 14.2016. (b)“Elevation certificate”means the certificate used to demonstrate the elevation of property which has been developed by the Federal Emergency Management Agency pursuant to federal floodplain management regulation and which is completed by a surveyor and mapper. (2) Beginning January 1, 2017, a surveyor and mapper shall, within 30 days after completion, submit to the division a copy of each elevation certificate that he or she completes. The copy must be unaltered, except that the surveyor and mapper may redact the name of the property owner. Section 3. Section 627.715, Florida Statutes, is amended to read: 627.715 Flood insurance.—An authorized insurer may issue an insur- ance policy, contract, or endorsement providing personal lines residential Ch. 2015-69 LAWS OF FLORIDA Ch. 2015-69 2 CODING: Words stricken are deletions; words underlined are additions. 17.C.c Packet Pg. 3384 Attachment: Exhibit-B-Laws-Florida-15-69 (17745 : PL20210001271 - GMP Amendment - CCME) coverage for the peril of flood on any structure or the contents of personal property contained therein, subject to this section. This section does not apply to commercial lines residential or commercial lines nonresidential coverage for the peril of flood. This section also does not apply to coverage for theperilof flood that isexcess coverage overany other insurancecovering the peril of flood. An insurer may issue flood insurance policies, contracts, or endorsements on a standard, preferred, customized, or supplemental basis. (1)(a)1. Standard flood insurance must cover only losses from the peril of flood, as defined in paragraph (b), equivalent to that provided under a standard flood insurance policy under the National Flood Insurance Program. Standard flood insurance issued under this section must provide the same coverage, including deductibles and adjustment of losses, as that provided under a standard flood insurance policy under the National Flood Insurance Program. 2. Preferred flood insurance must include the same coverage as standard flood insurance but: a. Include, within the definition of “flood,”losses from water intrusion originating from outside the structure that are not otherwise covered under the definition of “flood”provided in paragraph (b). b. Include coverage for additional living expenses. c. Require that any loss under personal property or contents coverage that is repaired or replaced be adjusted only on the basis of replacement costs up to the policy limits. 3. Customized flood insurance must include coverage that is broader than the coverage provided under standard flood insurance. 4. Flexible flood insurance must cover losses from the peril of flood, as defined in paragraph (b), and may also include coverage for losses from water intrusion originating from outside the structure which is not otherwise covered by the definition of flood. Flexible flood insurance must include one or more of the following provisions: a. An agreement between the insurer and the insured that the flood coverage is in a specified amount, such as coverage that is limited to the total amount of each outstanding mortgage applicable to the covered property. b. A requirement for a deductible in an amount authorized under s. 627.701, including a deductible in an amount authorized for hurricanes. c. A requirement that flood loss to a dwelling be adjusted in accordance with s. 627.7011(3) or adjusted only on the basis of the actual cash value of the property. d. A restriction limiting flood coverage to the principal building defined in the policy. Ch. 2015-69 LAWS OF FLORIDA Ch. 2015-69 3 CODING: Words stricken are deletions; words underlined are additions. 17.C.c Packet Pg. 3385 Attachment: Exhibit-B-Laws-Florida-15-69 (17745 : PL20210001271 - GMP Amendment - CCME) e. A provision including or excluding coverage for additional living expenses. f. A provision excluding coverage for personal property or contents as to the peril of flood. 5.4.Supplemental flood insurance may provide coverage designed to supplement a flood policy obtained from the National Flood Insurance Program or from an insurer issuing standard or preferred flood insurance pursuant to this section. Supplemental flood insurance may provide, but need not be limited to, coverage for jewelry, art, deductibles, and additional living expenses. Supplemental flood insurance does not include coverage for theperil offlood that isexcess coverage over anyother insurance coveringthe peril of flood. (b)“Flood”means a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties, at least one of which is the policyholder’s property, from: 1. Overflow of inland or tidal waters; 2. Unusual and rapid accumulation or runoff of surface waters from any source; 3. Mudflow; or 4. Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined in this paragraph. (2) Any limitations on Flood coverage deductibles and or policy limits pursuant to this section, including, but not limited to, deductibles,must be prominently noted on the policy declarations page or face page. (3)(a) An insurer may establish and use flood coverage rates in accordance with the rate standards provided in s. 627.062. (b) For flood coverage rates filed with the office before October 1, 2019, the insurer may also establish and use such rates in accordance with the rates, rating schedules, or rating manuals filed by the insurer with the office which allow the insurer a reasonable rate of return on flood coverage written in this state. Flood coverage rates established pursuant to this paragraph are not subject to s. 627.062(2)(a) and (f). An insurer shall notify the office of any change to such rates within 30 days after the effective date of the change. The notice must include the name of the insurer and the average statewide percentage change in rates. Actuarial data with regard to such rates for flood coverage must be maintained by the insurer for 2 years after the effective date of such rate change and is subject to examination by the office. The office may require the insurer to incur the costs associated with an examination. Ch. 2015-69 LAWS OF FLORIDA Ch. 2015-69 4 CODING: Words stricken are deletions; words underlined are additions. 17.C.c Packet Pg. 3386 Attachment: Exhibit-B-Laws-Florida-15-69 (17745 : PL20210001271 - GMP Amendment - CCME) Upon examination, the office, in accordance with generally accepted and reasonable actuarial techniques, shall consider the rate factors in s. 627.062(2)(b), (c), and (d), and the standards in s. 627.062(2)(e), to determine if the rate is excessive, inadequate, or unfairly discriminatory.If the office determines that a rate is excessive or unfairly discriminatory, the office shall require the insurer to provide appropriate credit to affected insureds or an appropriate refund to affected insureds who no longer receive coverage from the insurer. (4) A surplus lines agent may export a contract or endorsement providing flood coverage to an eligible surplus lines insurer without making a diligent effort to seek such coverage from three or more authorized insurers under s. 626.916(1)(a). This subsection expires July 1, 2017. (5) In addition to any other applicable requirements, an insurer provid- ing flood coverage in this state must: (a) Notify the office at least 30 days before writing flood insurance in this state; and (b) File a plan of operation and financial projections or revisions to such plan, as applicable, with the office. (6) Citizens Property Insurance Corporation may not provide insurance for the peril of flood. (7) The Florida Hurricane Catastrophe Fund may not provide reim- bursement for losses proximately caused by the peril of flood, including losses that occur during a covered event as defined in s. 215.555(2)(b). (8) An agent must, upon receiving obtaining an application for flood coverage from an authorized or surplus lines insurer for a property receiving flood insurance under the National Flood Insurance Program, must obtain an acknowledgment signed by the applicant before placing the coverage with the authorized or surplus lines insurer. The acknowledgment must notify the applicant that, if the applicant discontinues coverage under the National Flood Insurance Program which is provided at a subsidized rate, the full risk rate for flood insurance may apply to the property if the applicant such insurance is later seeks to reinstate coverage obtained under the National Flood Insurance program. (9) With respect to theregulation of flood coverage written in this state by authorized insurers, this section supersedes any other provision in the Florida Insurance Code in the event of a conflict. (10) If federal law or rule requires a certification by a state insurance regulatory official as a condition of qualifying for private flood insurance or disaster assistance, the Commissioner of Insurance Regulation may provide the certification, and such certification is not subject to review under chapter 120. Ch. 2015-69 LAWS OF FLORIDA Ch. 2015-69 5 CODING: Words stricken are deletions; words underlined are additions. 17.C.c Packet Pg. 3387 Attachment: Exhibit-B-Laws-Florida-15-69 (17745 : PL20210001271 - GMP Amendment - CCME) (11)(a) An authorized insurer offering flood insurance may request the office to certify that a policy, contract, or endorsement provides coverage for the peril of flood which equals or exceeds the flood coverage offered by the National Flood Insurance Program. To be eligible for certification, such policy, contract, or endorsement must contain a provision stating that it meets the private flood insurance requirements specified in 42 U.S.C. s. 4012a(b) and may not contain any provision that is not in compliance with 42 U.S.C. s. 4012a(b). (b) The authorized insurer or its agent may reference or include a certification under paragraph (a) in advertising or communications with an agent, a lending institution, an insured, or a potential insured only for a policy, contract, or endorsement that is certified under this subsection. The authorized insurer may include a statement that notifies an insured of the certification on the declarations page or other policy documentation related to flood coverage certified under this subsection. (c) An insurer or agent who knowingly misrepresents that a flood policy, contract, or endorsement is certified under this subsection commits an unfair or deceptive act under s. 626.9541. Section 4. This act shall take effect July 1, 2015. Approved by the Governor May 21, 2015. Filed in Office Secretary of State May 21, 2015. Ch. 2015-69 LAWS OF FLORIDA Ch. 2015-69 6 CODING: Words stricken are deletions; words underlined are additions. 17.C.c Packet Pg. 3388 Attachment: Exhibit-B-Laws-Florida-15-69 (17745 : PL20210001271 - GMP Amendment - CCME) 17.C.d Packet Pg. 3389 Attachment: legal ad - agenda ID 17745 (17745 : PL20210001271 - GMP Amendment - CCME)