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