Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 178
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/13/2020           .                                

       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Rodriguez) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 41 - 119
    4  and insert:
    5         (2)Beginning 1 year after the date the rule developed by
    6  the department pursuant to subsection (3) is finalized and is
    7  otherwise in effect, a state-financed constructor may not
    8  commence construction of a coastal structure without:
    9         (a)Conducting a SLIP study that meets the requirements
   10  established by the department;
   11         (b)Submitting the study to the department; and
   12         (c)Receiving notification from the department that the
   13  study was received and that it has been published on the
   14  department’s website pursuant to paragraph (6)(a) for at least
   15  30 days. The state-financed constructor is solely responsible
   16  for ensuring that the study submitted to the department for
   17  publication meets the requirements under subsection (3).
   18         (3)The department shall develop by rule a standard by
   19  which a state-financed constructor must conduct a SLIP study and
   20  may require that a professional engineer sign off on the study.
   21  The rule must be effective 1 year after the date it is finalized
   22  and applies only to projects not yet commenced as of the date
   23  the rule is finalized. The rule may not apply retroactively to
   24  projects that commenced before the date the rule is finalized.
   25  At a minimum, the standard must require that a state-financed
   26  constructor do all of the following:
   27         (a)Use a systematic, interdisciplinary, and scientifically
   28  accepted approach in the natural sciences and construction
   29  design in conducting the study.
   30         (b)Assess the flooding, inundation, and wave action damage
   31  risks relating to the coastal structure over its expected life
   32  or 50 years, whichever is less.
   33         1.The assessment must take into account potential relative
   34  local sea-level rise and increased storm risk during the
   35  expected life of the coastal structure or 50 years, whichever is
   36  less, and, to the extent possible, account for the contribution
   37  of sea-level rise versus land subsidence to the relative local
   38  sea-level rise.
   39         2.The assessment must provide scientific and engineering
   40  evidence of the risk to the coastal structure and methods used
   41  to mitigate, adapt to, or reduce this risk.
   42         3.The assessment must use and consider available
   43  scientific research and generally accepted industry practices.
   44         4.The assessment must provide the mean average annual
   45  chance of substantial flood damage over the expected life of the
   46  coastal structure or 50 years, whichever is less.
   47         5.The assessment must analyze potential public safety and
   48  environmental impacts resulting from damage to the coastal
   49  structure, including, but not limited to, leakage of pollutants,
   50  electrocution and explosion hazards, and hazards resulting from
   51  floating or flying structural debris.
   52         (c)Provide alternatives for the coastal structure’s design
   53  and siting, and how such alternatives would impact the risks
   54  specified in subparagraph (b)5. as well as the risk and cost
   55  associated with maintaining, repairing, and constructing the
   56  coastal structure.
   58  If multiple coastal structures are to be built concurrently
   59  within one project, a state-financed constructor may conduct and
   60  submit one SLIP study for the entire project for publication by
   61  the department.
   62         (4)If a state-financed constructor commences construction
   63  of a coastal structure but has not complied with the SLIP study
   64  requirement under subsection (2), the department may institute a
   65  civil action in a court of competent jurisdiction to:
   66         (a)Seek injunctive relief to cease further construction of
   67  the coastal structure or enforce compliance with this section or
   68  with rules adopted by the department pursuant to this section.
   69         (b)If the coastal structure has been completed or has been
   70  substantially completed, seek recovery of all or a portion of
   71  state funds expended on the coastal structure.
   72         (5)This section may not be construed to create a cause of
   73  action for damages or otherwise authorize the imposition of
   74  penalties by a public entity for failure to implement what is
   75  contained in the SLIP study.
   76         (6)The department:
   77         (a)Shall publish and maintain a copy of all SLIP studies
   78  submitted pursuant to this section on its website for at least
   79  10 years after receipt. However, any portion of a study
   80  containing information that is exempt from s. 119.07(1) and s.
   81  24(a), Art. I of the State Constitution must be redacted by the
   82  department before publication.
   83         (b)Shall adopt rules as necessary to administer this
   84  section.
   85         (7)The department may enforce the requirements of this
   86  section.
   87         Section 2. This act shall take effect July 1, 2020.
   89  ================= T I T L E  A M E N D M E N T ================
   90  And the title is amended as follows:
   91         Delete lines 10 - 14
   92  and insert:
   93         for such studies; providing that such rule operates
   94         prospectively on projects that have not yet commenced
   95         as of the finalization of the rule; requiring the
   96         department to publish such studies on its website,
   97         subject to certain conditions; requiring the
   98         department to adopt rules; providing for enforcement;
   99         providing an effective date.