St. Pete Rep proposes re-interpreting FEMA’s 50% rule

Lawmaker wants legislative session to help hurricane victims

FOX 13's Genevieve Curtis reports on a local St. Pete representative who is calling for a bill to make it easier for homeowners in Pinellas County to meet FEMA's 50% rule and stay in their homes after hurricanes.

ST. PETE BEACH, Fla. - As families try to rebuild from Hurricanes Helene and Milton, one St. Petersburg state representative is working on a state bill that could change some of the nuances related to FEMA’s 50% rule.

State Representative Linda Chaney (R.) of St. Pete Beach lives in a community where many homeowners suffered substantial damage from the back-to-back October hurricanes.

Her bill would call for a re-interpretation of the 50% rule to make it easier for homeowners to stay in their homes.

Hurricane-related debris is in front of St. Petersburgs home.

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One of those ways is changing what’s known as the ‘look back’ period.

Each municipality is different, however, and In St. Pete Beach, the lookback period is five—any permitted work you’ve done to improve your home counts against your 50%.

"Not only does it limit homeowners from making they're hardening their homes against storms, but it's a negative impact on property values," said Chaney.

If your home is $200,000 under FEMA’s 50% rule, you could sustain $100,000 in damage and be fine. However, if you spent $50,000 up to five years before the storm, you can only sustain $50,000 in FEMA damages.

A graphic breaking down the lookback factor as part of FEMA's 50% rule.

Chaney saw it happen to her neighbor.

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"He had recently renovated his home. Then he completely flooded out. His renovations used his entire FEMA 50% allowance. Now, if he wants to rebuild his home, he has no money to do it," Chaney said. "He has to wait five years or tear the house down. Now, if the city had a zero look back like some communities do, he could restore his home."

Chaney commissioned a study from Florida’s Office of Insurance Regulation and is now proposing a state law to create a maximum look-back period consistent across the state.

Chaney is also looking to institute a cap of one year or no look-back period as part of her bill.

Cities often argue that more extended lookback periods result in lower premiums for flood insurance.

A graphic breaking down FEMA's 50% rule.

Chaney says her study shows that’s more of a myth and that if the lookback period were removed, the average homeowner would only save $36 a year.

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Chaney says she knows homeowners are frustrated, but she’s also cautioning people not to do unpermitted work, which could result in them being forced to rip it all out.

Chaney said there are also discussions of bills for the 2025 legislative session that would try to cut through some red tape regarding storm response.