Agenda 05/25/2010 Item #16A11
Agenda Item No, 16A 11
May 25, 2010
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to provide a public information and technical assistance program to
guide property owners in preparation for Elevation Certificates and Letter of Map
Amendment (LOMA) applications when the new FEMA Digital Flood Insurance Rate
Maps (DFIRMs) are released and become effective.
OBJECTIVE: To assist Collier County property owners in seeking surveying services for the
preparation of elevation certificates for structures that will be included in the expanded Special
Flood Hazard Area (SFHA) when the Federal Emergency Management Agency (FEMA)
releases the new DFlRMs. The elevation certificate is needed in most instances when a property
owner applies for a flood insurance policy. Additionally, many owners may want to apply for a
LOMA to remove their structure from the SFHA if the elevation certificate confirms that they
should qualify.
CONSIDERATIONS: During the March 9, 2010, meeting of the Board of County
Commissioners (Board) the Board discussed its interest in establishing a program that would
assist property owners in identifying qualified surveyors to aid in simplifying the preparation of
elevation certificates and LOMA applications in response to the release of a new FEMA DFIRM
later this year. The goal was to provide property owners with information about surveyors
competent to do the work and deli vcr the necessary elevation certifieate documents.
Tentative DFIRM Adoption Process and Time Schcdule
DFIRMs available for public viewing August 20] 0
. Appeals, protests and comments period August tbm October 2010
. Resolution of appeals November to December 2010
. Letter of Final Detennination December 2010 or January 201 I
. 6-month adoption period January to June 2011
. Maps become effective for flood insurance purposes July 201 1
. Residents can request removal from SFHAs July 201 ]
Analysis of preliminary infom1ation suggests that roughly 50,000 structures will need to bc
evaluated for placement within the SFHA (flood zones starting with the lettcr "V" or "A") which
can require the owner to purchase flood insurance. Many of these structures may qualify for
exemption from the flood insurance rcquirement. The only way to know is to use a liccnsed
surveyor to determine the existing floor and ground elevations for each structure.
In order to remove a structure from the Special Flood Hazard Area (flood zones starting with the
letter "V" or "A"), a property owner must fill out the propcr FEMA application. The attached
FEMA fonns are used to provide the required infonnation to FEMA for their evaluation.
Additionally, surveyors who have registered with FEMA can prepare an "e-LOMA" application
and submit it eleetronically to FEMA. The Office of the County Attorney has submitted an
opinion that only a Florida registered land surveyor may sign and seal the FEMA National Flood
Insurance Program Elevation Certificate or the elevation infonnation sections of the MT -lor
MT-EZ applications.
Agenda Item No, 16A 11
Mav 25, 2010
Page 2 of 12
The Board's direction to the County Manager during the March 9, 20] 0, meeting was to bring
back a proposed program to assist property owners in identifying competent licensed surveyors
capable of preparing elevation cel1ificates and applications to remove their structures/properties
from the SFHA. Per the Board's direction, the County would post pertinent information
identifying licensed State surveyors, so that propcrty owners contract with a company of their
choosing.
Staff from the Growth Management Division, Purchasing Department and County Attorney
Office discussed the many issues involved with developing this type of coordination assistance
program.
. The Florida Board of Professional Regulation (FBPR) is responsible for overseeing the
issuance of the professional license for a surveyor or surveying business. A person or
company meeting all of the licensing requirements is deemed qualified to practice
surveying anywhere in the state, and the state maintains an on-line listing of licensed
surveyors and surveying businesses.
. Surveying is a professional work covercd by the requirements of the Consultant's
Competitive Negotiation Act (CCNA) under Chapter 287.055 Florida Statutes. Under
CCNA, the County cannot consider price as a qualification criteria, so cost information
could not be made available through any Request for Qualifications (RFQ) released by
the Purchasing Department.
. If the County did release an RFQ, there is a potentia] inherent ]iability assumed by the
County for the quality of work performed by a surveyor or surveying firm who is on any
listing of pre-qualified surveyors or surveying firms even though the contractual
arrangement would be with the individual properly owner.
Proposed Approach:
With these considerations, it is staffs position that the best approach to assist the County's
property owners is to provide the following information on the County web site.
. A "]nformation to Consider for Elevation Certificates and Letter of Map Amendment
(LOMA) Applications" document to be used by property owners in developing a contract
for work from interested surveyors and surveying firms for the preparation of FEMA
elevation certificates or FEMA LOMA/LOMR-F applications.
. A listing of surveyors and surveying finns (in Collier and Lee County) listed by the
FBPR with current and active licenses as of the day the list was prepared. Since this list
could potentially change at any time due to a number of reasons, a disclaimer would be
included on the County's web site that ret1ected the date of the list preparation. Staff
would perform a bi-monthly check and updating of this list as necessary to keep it fairly
current.
. To help property owners verify the accuracy of a surveyor's license, links would also be
provided to the FBPE web site so the license validation could be checked at any timc
with the State's website.
. Provide links to the Collier County Tax Collector's web site and the Lee County Tax
Collector's web site to help property owners verify the surveyors and surveying
businesses located in Collier and Lee counties have an occupational license.
Agenda Item No, 16A11
May 25.2010
Page 3 of 12
FISCAL IMPACT: There is no additional fiscal impact created by approval of the surveyor
and contractor assistance coordination program for preparation of Elevation Certificates and
Letter of Map Amendment (LOMA) applications. The work can be accomplished by existing
staff.
GROWTH MANAGEMENT IMPACT: This is not a growth management related matter, so
there is no growth management impact.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action--SRT.
RECOMMENDATION: That the Board of County Commissioners finds that there is a valid
public purpose in assisting Collier County property owners in identifying competent licensed
surveyors for the preparation of elevation certificates for structures that will be included in the
expanded SFHA when FEMA releases the new DFIRMs and to approve the above proposed
approach and attached information to consider for posting on the County's web site.
PREPARED BY: Robert C. Wiley, P.E., CFM, Principal Project Manager
Engineering, Environmental, Comprehensive Planning and Zoning Services
Growth Management Division
Attachments: ]) Infonnation to Consider; 2) List of Surveyors and Surveying businesses from
the FBPE web site
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A11
May 25, 2010
Page 4 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A11
Recommendation to provide a public information and technical assistance program to guide
property owners in preparation for Elevation Certificates and Letter of Map Amendment
(LOMA) applications when the new FEMA Digital Flood Insurance Rate Maps (DFIRMs) are
released and become effective.
5/25/20109:00:00 AM
Project Manager, Principal
Date
Prepared By
Robert C, Wiley, P.E.
Community Development &
Environmental Services
Engineering & Environmental Services
5/12/20104:04:41 PM
Purchasing Agent
Date
Approved By
Brenda Brilhart
Administrative Services
Division
Purchasing & General Services
5/13/20108:19 AM
Director ~ Purchasing/General Services
Date
Approved By
Steve Carnell
Administrative Services
Division
Purchasing & General Services
5/13/20108:31 AM
Approved By
Manager ~ Contracts Administration
Date
Kelsey Ward
Administrative Services
Division
Purchasing & General Services
5/13/20109:27 AM
Operations Analyst
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Community Development &
Environmental Services
5/13/20101 :56 PM
Nick Casalanguida
Director ~ Transportation Planning
Date
Approved By
Transportation Division
Transportation Planning
5/13/20102:17 PM
Approved By
James French
Community Development &
Environmental Services
Manager - COES Operations
Date
Operations Support & Regulatory Mgmt
5/13/20102:35 PM
Date
Approved By
William D. Lorenz, Jr., P.E. Director. CDES Engineering Services
5/13/20102:44 PM
Community Development & Engineering & Environmental Services
Agenda Item No. 16A11
May 25, 2010
Page 5 of 12
Environmental Services
Approved By
Scott R. Teach
Deputy County Attorney
Date
County Attorney
County Attorney
5/14/20107:20 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/14120101:27 PM
Approved By
Jeff Klatzkow
County Attorney
Date
511412010 3:42 PM
Approved By
Leo E, Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
5117120105:48 PM
DRAFT 5-6-10
Agenda Item No. 16A11
May 25. 2010
Page 6 of 12
Information to Consider for Elevation Certificates
and Letter of Map Amendment (LOMA) Applications
Overview
Collier County is currently working with the Federal Emergency Management Agency (FEMA)
to complete the development of a new Digital Flood Insurance Rate Map (DFIRM) to replace the
current Flood Insurance Rate Map (FIRM) with an effective date of November 17, 2005. Draft
information submitted to FEMA by the County's consultant indicates there wil\ be major
changes to the current flood zone X locations and all of the current flood zone D area wil\ be
replaced with flood zones AE, AH or X. Changing from a low risk flood zone (X or D) to a high
risk flood zone (VE, AE, or AH) means that existing structures within these new high risk flood
zones will need to be evaluated for the flood insurance requirements of the National Flood
Insurance Program. Many structures may be impacted.
Collier County desires to coordinate a service to the affected property owners for obtaining an
elevation certificate, preparation of the Letter of Map Amendment (LOMA) application, or
preparation of the Letter of Map Revision based upon Fill (LOMR-F) application. The County
has prepared a list of suggested items to consider when contracting with a surveyor to prepare an
Elevation Certificate or LOMA/LOMR-F application.
A LOMA or LOMR-F application can be prepared by any individual or business using the
instructions that are attached to the application form. The specific elevation information
included in the LOMA or LOMR-F application must be provided by a licensed surveyor, along
with their signature and seal unless the property owner has a valid elevation certificate. The
elevation certificate can be used instead of filling out the elevation information section of the
LOMA or LOMR-F application. If a property owner chooses to contract with a person or
business that is not licensed by the State of Florida to perform professional surveying services
for the LOMA and/or LOMR-F applications, it is recommended that any work contract clearly
include the name (and pertinent information) of the Florida licensed surveying firm that will be
used to provide the necessary elevation information.
Basic Information to Include with Hiring any Surveyor or Surveying Company
. Company Name
. Company Contact Information
o Street Address
o Mailing Address (if different from street address)
o Telephone and FAX numbers
o E-mail Address
. Copy of Business Occupational License
Copy of Florida Survey Business License
Name(s) of surveyor(s)
. Copy(ies) of surveyor(s) Florida professional surveyor licensees)
DRAFT 5-6-10
,4genda Item No, 16A 11
May 25, 2010
Page 7 of 12
. Brief statement of firm's qualifications and experience in preparing elevation certificates and
LOMAlLOMR-F applications
Evidence of registration with FEMA to utilize the eLOMA process
. Provide examples of previously completed types of work (i.e. elevation certificates, LOMA
applications, LOMR-F applications)
A written commitment to provide a quality product that meets or exceeds the minimum
technical requirements of FEMA
. A written commitment to provide a prompt, responsive, professional level of customer
service, including correcting any errors identified by reviewers of the elevation certificates
and LOMA or LOMR-F applications
Elevation Certificate
Participation in the National Flood Insurance Program (NFIP) requires property owners to use
the FEMA Elevation Certificate as a basic document to establish the lowest floor elevation of a
structure within the Special Flood Hazard Area (SFHA). The Elevation Certificate is to be used
to provide elevation information necessary to ensure compliance with community floodplain
management ordinances, to determine the proper insurancc premiwn rate, and to support a
request for a Letter of Map Amendment (LOMA) or Letter of Map Revision Based on Fill
(LOMR-F). A Florida registered land surveyor (PLS or PSM) is required to certiJ)o, sign and seal
the Elevation Certificate, The blank form is available on the Collier County web site as well as
FEMA's web site.
Elevation Certificate Basic Required Information
. Completely fill out Sections A, B, C, and D
· If structure is in an "A" flood zone, fill out Section E and enter N/ A for Section B, Item
B9.
· Follow the procedure as identified in Section C of the FEMA Elevation Certificate
instructions for Items C2.(a-h) in conjunction with Florida minimum technical standards.
. Make sure to include the lowest floor elevation of sunken rooms if applicable
Start and end to known, published benchmark(s) in NA VD 1988 datum.
Provide elevations to tenth of a foot in NA VD 1988 datum.
. Photographs (as required per instructions for Item A6)
Sign and seal (section D)
. Provide 3 originals to owncr (or more ifrequested)
· To help the County update information related to the property's building permit file, it is
recommended that the surveyor include a written commitment to provide the County with an
electronic copy of the signed and sealed elevations certificates.
LOMA and LOMR-F Applications (MT-EZ and MT-l Forms)
A LOMA is a request by the property owner to have the property and/or structure removed from
the SFHA by providing detailed location and elevation infonnation to support the request
Depending upon the type of requcst, the LOMA application can be simple or complex. Both the
DRAFT 5-6-10
Agenda Item No. 16A 11
May 25, 2010
Page 8 of 12
MT-EZ and MT-l forms are available on the Collier County web site and FEMA's web site,
Note that fill placed on the propertv prior to that property bein!! placed in the SFHA is still
considered as natural ground.
The eLOMA is also available through surveyors or surveying firms that have successfully
registered with FEMA.
Ifthe owner only wants to request removal of the structure from the SFHA, the MT-EZ form
along with the specified location map and deed and an Elevation Certificate can be submitted. If
the owner wants to request removal ofthe entire property or a portion of the property, the LOMA
application becomes more complicated on what must be provided. If the property owner desires
to submit for a LOMA or LOMR-F without the use of a valid elevation certificate, only a Florida
registered land surveyor (PLS or PSM) may sign and seal the MT-l Form 2 or MT-EZ Section B
elevation information.
A LOMR-F application (MT-l) is available for properties that have had fill placed on the
properlY after that property was first placed within the SFHA. Please note there are some
locations in Collier County that area currently shown as flood zone X, but were previously flood
zone AE' For those properties, they are not eligible for a LOMA and can only use a LOMR-F,
MT-EZ and MT-I Forms Basic Required Information
. Research historical FIRMs to see if LOMA or LOMR-F is applicable
. Provide all information needed to complete the application
. Maps
. Drawings
. Elevation Certificate (or a surveyor can complete the elevation information in Section B
for the MT-EZ or Form 2 for the MT-l and sign/seal accordingly). Note that if the owner
desires to exempt the entire property from the SFHA, the lowest lot elevation must be
included in Section 2 of the MT -1 application.
. A copy of the plat map for the property (with recordation data and stamp of the
Recorder's Office) OR a copy of the property deed (with recordation data and stamp of
the Recorder's Office) accompanied by a Tax Appraiser's map or other certified map
showing the surveyed location of the property relative to local streets and watercourses
. Copy of effective DFIRM or Fitmette
. Signed application if acting as agent for owner (include copy of signed affidavit
authorizing you to act as agent)
. If the owner is using the MT -I application to apply for a Letter of Map Revision Based
upon Fill (LOMR-F), the included Community Acknowledgement Fonn must be
completed by an authorized County official (for unincorporated Collier County the
proper person is Jim Turner in the Building Department).
. Provide two (2) originals to owner (or more jf requested)
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