Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 178 Ì143802zÎ143802 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Infrastructure and Security (Rodriguez) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Effective July 1, 2021, section 161.551, Florida 6 Statutes, is created to read: 7 161.551 Public financing of construction projects within 8 the coastal building zone.— 9 (1) As used in this section, the term: 10 (a) “Coastal structure” means a major structure or 11 nonhabitable major structure within the coastal building zone. 12 (b) “Public entity” means the state or any of its political 13 subdivisions, or any municipality, county, agency, special 14 district, authority, or other public body corporate of the state 15 which is demonstrated to perform a public function or to serve a 16 governmental purpose that could properly be performed or served 17 by an appropriate governmental unit. 18 (c) “SLIP study” means a sea level impact projection study 19 as established by the department pursuant to subsection (3). 20 (d) “State-financed constructor” means a public entity that 21 commissions or manages a construction project using funds 22 appropriated from the state. 23 (e) “Substantial flood damage” means flood, inundation, or 24 wave action damage resulting from a single event, such as a 25 flood or tropical weather system, where such damage exceeds 25 26 percent of the market value of the coastal structure at the time 27 of the event. 28 (2) After July 1, 2021, if official baseline projections 29 are adopted as provided in s. 14.203, a state-financed 30 constructor may not commence construction of a coastal structure 31 without: 32 (a) Conducting a SLIP study that meets the requirements 33 established by the department; 34 (b) Submitting the study to the department; and 35 (c) Receiving notification from the department that the 36 study was received and that it has been published on the 37 department’s website pursuant to paragraph (6)(a) for at least 38 30 days. The state-financed constructor is solely responsible 39 for ensuring that the study submitted to the department for 40 publication meets the requirements under subsection (3). 41 (3) The department shall develop by rule a standard by 42 which a state-financed constructor must conduct a SLIP study and 43 may require that a professional engineer sign off on the study. 44 At a minimum, this standard must require that a state-financed 45 constructor do all of the following: 46 (a) Use a systematic, interdisciplinary, and scientifically 47 accepted approach in the natural sciences and construction 48 design in conducting the study. 49 (b) Based on the official baseline projections of sea-level 50 rise and flooding impacts adopted as provided in s. 14.203, 51 assess the flooding, inundation, and wave action damage risks 52 relating to the coastal structure over its expected life or 50 53 years, whichever is less. 54 1. The assessment must take into account potential sea 55 level rise and increased storm risk during the expected life of 56 the coastal structure or 50 years, whichever is less. 57 2. The assessment must provide scientific and engineering 58 evidence of the risk to the coastal structure and methods used 59 to mitigate, adapt to, or reduce this risk. 60 3. The assessment must use and consider available 61 scientific research and generally accepted industry practices. 62 4. The assessment must provide the mean average annual 63 chance of substantial flood damage over the expected life of the 64 coastal structure or 50 years, whichever is less. 65 5. The assessment must analyze potential public safety and 66 environmental impacts resulting from damage to the coastal 67 structure including, but not limited to, leakage of pollutants, 68 electrocution and explosion hazards, and hazards resulting from 69 floating or flying structural debris. 70 (c) Provide alternatives for the coastal structure’s design 71 and siting, and how such alternatives would impact the risks 72 specified in subparagraph (b)5. as well as the risk and cost 73 associated with maintaining, repairing, and constructing the 74 coastal structure. 75 76 If multiple coastal structures are to be built concurrently 77 within one project, a state-financed constructor may conduct and 78 submit one SLIP study for the entire project for publication by 79 the department. 80 (4) If a state-financed constructor commences construction 81 of a coastal structure, but has not complied with the SLIP study 82 requirement under subsection (2), the department may institute a 83 civil action in a court of competent jurisdiction to: 84 (a) Seek injunctive relief to cease further construction of 85 the coastal structure or enforce compliance with this section or 86 with rules adopted by the department pursuant to this section. 87 (b) If the coastal structure has been completed or has been 88 substantially completed, seek recovery of all or a portion of 89 state funds expended on the coastal structure. 90 (5) This section may not be construed to create a cause of 91 action for damages. 92 (6) The department: 93 (a) Shall publish and maintain a copy of all SLIP studies 94 submitted pursuant to this section on its website for at least 95 10 years after receipt. However, any portion of a study 96 containing information that is exempt from s. 119.07(1) and s. 97 24(a), Art. I of the State Constitution must be redacted by the 98 department before publication. 99 (b) Shall adopt rules as necessary to administer this 100 section. 101 (7) The department may enforce the requirements of this 102 section. 103 Section 2. This act shall take effect on the same date that 104 SB 7016 or similar legislation takes effect, if such legislation 105 is adopted in the same legislative session or an extension 106 thereof and becomes law. 107 108 ================= T I T L E A M E N D M E N T ================ 109 And the title is amended as follows: 110 Delete everything before the enacting clause 111 and insert: 112 A bill to be entitled 113 An act relating to public financing of construction 114 projects; creating s. 161.551, F.S.; defining terms; 115 prohibiting state-financed constructors from 116 commencing construction of certain structures in 117 coastal areas after a specified date without first 118 conducting a sea level impact projection study; 119 requiring the Department of Environmental Protection 120 to develop by rule a standard for such studies; 121 requiring the department to publish such studies on 122 its website, subject to certain conditions; requiring 123 the department to enforce certain requirements and to 124 adopt rules; providing for enforcement; providing a 125 contingent effective date.