Florida Senate - 2020                                     SB 178
       By Senator Rodriguez
       37-00373-20                                            2020178__
    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 without first conducting a sea level
    7         impact projection study; requiring the Department of
    8         Environmental Protection to develop by rule a standard
    9         for such studies; requiring the department to publish
   10         such studies on its website, subject to certain
   11         conditions; requiring the department to enforce
   12         certain requirements and to adopt rules; providing for
   13         enforcement; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 161.551, Florida Statutes, is created to
   18  read:
   19         161.551 Public financing of construction projects within
   20  the coastal building zone.—
   21         (1)As used in this section, the term:
   22         (a)“Coastal structure” means a major structure or
   23  nonhabitable major structure within the coastal building zone.
   24         (b)“Public entity” means the state or any of its political
   25  subdivisions, or any municipality, county, agency, special
   26  district, authority, or other public body corporate of the state
   27  which is demonstrated to perform a public function or to serve a
   28  governmental purpose that could properly be performed or served
   29  by an appropriate governmental unit.
   30         (c)“SLIP study” means a sea level impact projection study
   31  as established by the department pursuant to subsection (3).
   32         (d)“State-financed constructor” means a public entity that
   33  commissions or manages a construction project using funds
   34  appropriated from the state.
   35         (e)“Substantial flood damage” means flood, inundation, or
   36  wave action damage resulting from a single event, such as a
   37  flood or tropical weather system, where such damage exceeds 25
   38  percent of the market value of the coastal structure at the time
   39  of the event.
   40         (2)A state-financed constructor may not commence
   41  construction of a coastal structure without:
   42         (a)Conducting a SLIP study that meets the requirements
   43  established by the department;
   44         (b)Submitting the study to the department; and
   45         (c)Receiving notification from the department that the
   46  study was received and that it has been published on the
   47  department’s website pursuant to paragraph (6)(a) for at least
   48  30 days. The state-financed constructor is solely responsible
   49  for ensuring that the study submitted to the department for
   50  publication meets the requirements under subsection (3).
   51         (3)The department shall develop by rule a standard by
   52  which a state-financed constructor must conduct a SLIP study and
   53  may require that a professional engineer sign off on the study.
   54  At a minimum, this standard must require that a state-financed
   55  constructor do all of the following:
   56         (a)Use a systematic, interdisciplinary, and scientifically
   57  accepted approach in the natural sciences and construction
   58  design in conducting the study.
   59         (b)Assess the flooding, inundation, and wave action damage
   60  risks relating to the coastal structure over its expected life
   61  or 50 years, whichever is less.
   62         1.The assessment must take into account potential sea
   63  level rise and increased storm risk during the expected life of
   64  the coastal structure or 50 years, whichever is less.
   65         2.The assessment must provide scientific and engineering
   66  evidence of the risk to the coastal structure and methods used
   67  to mitigate, adapt to, or reduce this risk.
   68         3.The assessment must use and consider available
   69  scientific research and generally accepted industry practices.
   70         4.The assessment must provide the mean average annual
   71  chance of substantial flood damage over the expected life of the
   72  coastal structure or 50 years, whichever is less.
   73         5.The assessment must analyze potential public safety and
   74  environmental impacts resulting from damage to the coastal
   75  structure including, but not limited to, leakage of pollutants,
   76  electrocution and explosion hazards, and hazards resulting from
   77  floating or flying structural debris.
   78         (c)Provide alternatives for the coastal structure’s design
   79  and siting, and how such alternatives would impact the risks
   80  specified in subparagraph (b)5. as well as the risk and cost
   81  associated with maintaining, repairing, and constructing the
   82  coastal structure.
   84  If multiple coastal structures are to be built concurrently
   85  within one project, a state-financed constructor may conduct and
   86  submit one SLIP study for the entire project for publication by
   87  the department.
   88         (4)If a state-financed constructor commences construction
   89  of a coastal structure but has not complied with the SLIP study
   90  requirement under subsection (2), the department may institute a
   91  civil action in a court of competent jurisdiction to:
   92         (a)Seek injunctive relief to cease further construction of
   93  the coastal structure or enforce compliance with this section or
   94  with rules adopted by the department pursuant to this section.
   95         (b)If the coastal structure has been completed or has been
   96  substantially completed, seek recovery of all or a portion of
   97  state funds expended on the coastal structure.
   98         (5)This section may not be construed to create a cause of
   99  action for damages.
  100         (6)The department:
  101         (a)Shall publish and maintain a copy of all SLIP studies
  102  submitted pursuant to this section on its website for at least
  103  10 years after receipt. However, any portion of a study
  104  containing information that is exempt from s. 119.07(1) and s.
  105  24(a), Art. I of the State Constitution must be redacted by the
  106  department before publication.
  107         (b)Shall adopt rules as necessary to administer this
  108  section.
  109         (7)The department may enforce the requirements of this
  110  section.
  111         Section 2. This act shall take effect July 1, 2020.