Florida Senate - 2020                              CS for SB 178
       By the Committee on Infrastructure and Security; and Senator
       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.
   16  Be It Enacted by the Legislature of the State of Florida:
   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.
   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.