Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 178
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/09/2019           .                                

       The Committee on Infrastructure and Security (Rodriguez)
       recommended the following:
    1         Senate Amendment (with title amendment)
    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.
   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.
  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.