Florida Senate - 2020 CS for SB 178 By the Committee on Infrastructure and Security; and Senator Rodriguez 596-02006-20 2020178c1 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; requiring the department to publish 11 such studies on its website, subject to certain 12 conditions; requiring the department to enforce 13 certain requirements and to adopt rules; providing for 14 enforcement; providing a contingent effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Effective July 1, 2021, section 161.551, Florida 19 Statutes, is created to read: 20 161.551 Public financing of construction projects within 21 the coastal building zone.— 22 (1) As used in this section, the term: 23 (a) “Coastal structure” means a major structure or 24 nonhabitable major structure within the coastal building zone. 25 (b) “Public entity” means the state or any of its political 26 subdivisions, or any municipality, county, agency, special 27 district, authority, or other public body corporate of the state 28 which is demonstrated to perform a public function or to serve a 29 governmental purpose that could properly be performed or served 30 by an appropriate governmental unit. 31 (c) “SLIP study” means a sea level impact projection study 32 as established by the department pursuant to subsection (3). 33 (d) “State-financed constructor” means a public entity that 34 commissions or manages a construction project using funds 35 appropriated from the state. 36 (e) “Substantial flood damage” means flood, inundation, or 37 wave action damage resulting from a single event, such as a 38 flood or tropical weather system, where such damage exceeds 25 39 percent of the market value of the coastal structure at the time 40 of the event. 41 (2) After July 1, 2021, if official baseline projections 42 are adopted as provided in s. 14.2031, a state-financed 43 constructor may not commence construction of a coastal structure 44 without: 45 (a) Conducting a SLIP study that meets the requirements 46 established by the department; 47 (b) Submitting the study to the department; and 48 (c) Receiving notification from the department that the 49 study was received and that it has been published on the 50 department’s website pursuant to paragraph (6)(a) for at least 51 30 days. The state-financed constructor is solely responsible 52 for ensuring that the study submitted to the department for 53 publication meets the requirements under subsection (3). 54 (3) The department shall develop by rule a standard by 55 which a state-financed constructor must conduct a SLIP study and 56 may require that a professional engineer sign off on the study. 57 At a minimum, this standard must require that a state-financed 58 constructor do all of the following: 59 (a) Use a systematic, interdisciplinary, and scientifically 60 accepted approach in the natural sciences and construction 61 design in conducting the study. 62 (b) Based on the official baseline projections of sea-level 63 rise and flooding impacts adopted as provided in s. 14.2031, 64 assess the flooding, inundation, and wave action damage risks 65 relating to the coastal structure over its expected life or 50 66 years, whichever is less. 67 1. The assessment must take into account potential sea 68 level rise and increased storm risk during the expected life of 69 the coastal structure or 50 years, whichever is less. 70 2. The assessment must provide scientific and engineering 71 evidence of the risk to the coastal structure and methods used 72 to mitigate, adapt to, or reduce this risk. 73 3. The assessment must use and consider available 74 scientific research and generally accepted industry practices. 75 4. The assessment must provide the mean average annual 76 chance of substantial flood damage over the expected life of the 77 coastal structure or 50 years, whichever is less. 78 5. The assessment must analyze potential public safety and 79 environmental impacts resulting from damage to the coastal 80 structure including, but not limited to, leakage of pollutants, 81 electrocution and explosion hazards, and hazards resulting from 82 floating or flying structural debris. 83 (c) Provide alternatives for the coastal structure’s design 84 and siting, and how such alternatives would impact the risks 85 specified in subparagraph (b)5. as well as the risk and cost 86 associated with maintaining, repairing, and constructing the 87 coastal structure. 88 89 If multiple coastal structures are to be built concurrently 90 within one project, a state-financed constructor may conduct and 91 submit one SLIP study for the entire project for publication by 92 the department. 93 (4) If a state-financed constructor commences construction 94 of a coastal structure, but has not complied with the SLIP study 95 requirement under subsection (2), the department may institute a 96 civil action in a court of competent jurisdiction to: 97 (a) Seek injunctive relief to cease further construction of 98 the coastal structure or enforce compliance with this section or 99 with rules adopted by the department pursuant to this section. 100 (b) If the coastal structure has been completed or has been 101 substantially completed, seek recovery of all or a portion of 102 state funds expended on the coastal structure. 103 (5) This section may not be construed to create a cause of 104 action for damages. 105 (6) The department: 106 (a) Shall publish and maintain a copy of all SLIP studies 107 submitted pursuant to this section on its website for at least 108 10 years after receipt. However, any portion of a study 109 containing information that is exempt from s. 119.07(1) and s. 110 24(a), Art. I of the State Constitution must be redacted by the 111 department before publication. 112 (b) Shall adopt rules as necessary to administer this 113 section. 114 (7) The department may enforce the requirements of this 115 section. 116 Section 2. This act shall take effect on the same date that 117 SB 7016 or similar legislation takes effect, if such legislation 118 is adopted in the same legislative session or an extension 119 thereof and becomes a law.