Florida Senate - 2021                                    SB 1550
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-01542-21                                           20211550__
    1                        A bill to be entitled                      
    2         An act relating to public financing of potentially at
    3         risk structures; amending s. 161.551, F.S.; providing
    4         and revising definitions; providing that coastal
    5         building zones are areas at risk due to sea level rise
    6         and coastal structures within those areas are
    7         potentially at-risk structures; requiring state
    8         financed constructors to include certain flood
    9         mitigation strategies in sea level impact projection
   10         studies; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 161.551, Florida Statutes, as created by
   15  chapter 2020-119, Laws of Florida, is amended to read:
   16         161.551 Public financing of construction projects within
   17  areas at risk due to sea level rise the coastal building zone.—
   18         (1) As used in this section, the term:
   19         (a)“Area at risk due to sea level rise” means an inland or
   20  coastal area where sea level rise can substantially increase
   21  flood risk, including tidal, storm surge, and groundwater
   22  inundation.
   23         (b)(a) “Potentially at-risk Coastal structure” means a
   24  major structure or nonhabitable major structure within an area
   25  at risk due to sea level rise the coastal building zone.
   26         (c)(b) “Public entity” means the state or any of its
   27  political subdivisions, or any municipality, county, agency,
   28  special district, authority, or other public body corporate of
   29  the state which is demonstrated to perform a public function or
   30  to serve a governmental purpose that could properly be performed
   31  or served by an appropriate governmental unit.
   32         (d)(c) “SLIP study” means a sea level impact projection
   33  study as established by the department pursuant to subsection
   34  (3).
   35         (e)(d) “State-financed constructor” means a public entity
   36  that commissions or manages a construction project using funds
   37  appropriated from the state.
   38         (f)(e) “Substantial flood damage” means flood, inundation,
   39  or wave action, if applicable, damage resulting from a single
   40  event, such as a flood or tropical weather system, where such
   41  damage exceeds 25 percent of the market value of the potentially
   42  at-risk coastal structure at the time 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 potentially at-risk coastal structure
   47  without:
   48         (a) Conducting a SLIP study that meets the requirements
   49  established by the department;
   50         (b) Submitting the study to the department; and
   51         (c) Receiving notification from the department that the
   52  study was received and that it has been published on the
   53  department’s website pursuant to paragraph (6)(a) for at least
   54  30 days. The state-financed constructor is solely responsible
   55  for ensuring that the study submitted to the department for
   56  publication meets the requirements under subsection (3).
   57         (3) The department shall develop by rule a standard by
   58  which a state-financed constructor must conduct a SLIP study and
   59  may require that a professional engineer sign off on the study.
   60  The rule must be effective 1 year after the date it is finalized
   61  and applies only to projects not yet commenced as of the date
   62  the rule is finalized. The rule may not apply retroactively to
   63  projects that commenced before the date the rule is finalized.
   64  At a minimum, the standard must require that a state-financed
   65  constructor do all of the following:
   66         (a) Use a systematic, interdisciplinary, and scientifically
   67  accepted approach in the natural sciences and construction
   68  design in conducting the study.
   69         (b) Assess the flooding, inundation, and wave action, if
   70  applicable, damage risks relating to the potentially at-risk
   71  coastal structure over its expected life or 50 years, whichever
   72  is less.
   73         1. The assessment must take into account potential relative
   74  local sea-level rise and increased storm risk during the
   75  expected life of the potentially at-risk coastal structure or 50
   76  years, whichever is less, and, to the extent possible, account
   77  for the contribution of sea-level rise versus land subsidence to
   78  the relative local sea-level rise.
   79         2. The assessment must provide scientific and engineering
   80  evidence of the risk to the potentially at-risk coastal
   81  structure and methods used to mitigate, adapt to, or reduce this
   82  risk.
   83         3. The assessment must use and consider available
   84  scientific research and generally accepted industry practices.
   85         4. The assessment must provide the mean average annual
   86  chance of substantial flood damage over the expected life of the
   87  potentially at-risk coastal structure or 50 years, whichever is
   88  less.
   89         5. The assessment must analyze potential public safety and
   90  environmental impacts resulting from damage to the potentially
   91  at-risk coastal structure, including, but not limited to,
   92  leakage of pollutants, electrocution and explosion hazards, and
   93  hazards resulting from floating or flying structural debris.
   94         (c) Provide alternatives for the potentially at-risk
   95  coastal structure’s design and siting, and how such alternatives
   96  would impact the risks specified in subparagraph (b)5. as well
   97  as the risk and cost associated with maintaining, repairing, and
   98  constructing the potentially at-risk coastal structure.
   99         (d)Provide a list of flood mitigation strategies evaluated
  100  as part of the design of the potentially at-risk structures, and
  101  identify the flood mitigation strategies that have been
  102  implemented or are being considered as part of the potentially
  103  at-risk structure design.
  104  
  105  If multiple potentially at-risk coastal structures are to be
  106  built concurrently within one project, a state-financed
  107  constructor may conduct and submit one SLIP study for the entire
  108  project for publication by the department.
  109         (4) If a state-financed constructor commences construction
  110  of a potentially at-risk coastal structure but has not complied
  111  with the SLIP study requirement under subsection (2), the
  112  department may institute a civil action in a court of competent
  113  jurisdiction to:
  114         (a) Seek injunctive relief to cease further construction of
  115  the potentially at-risk coastal structure or enforce compliance
  116  with this section or with rules adopted by the department
  117  pursuant to this section.
  118         (b) If the potentially at-risk coastal structure has been
  119  completed or has been substantially completed, seek recovery of
  120  all or a portion of state funds expended on the potentially at
  121  risk coastal structure.
  122         (5) This section may not be construed to create a cause of
  123  action for damages or otherwise authorize the imposition of
  124  penalties by a public entity for failure to implement what is
  125  contained in the SLIP study.
  126         (6) The department:
  127         (a) Shall publish and maintain a copy of all SLIP studies
  128  submitted pursuant to this section on its website for at least
  129  10 years after receipt. However, any portion of a study
  130  containing information that is exempt from s. 119.07(1) and s.
  131  24(a), Art. I of the State Constitution must be redacted by the
  132  department before publication.
  133         (b) Shall adopt rules as necessary to administer this
  134  section.
  135         (7) The department may enforce the requirements of this
  136  section.
  137         Section 2. This act shall take effect July 1, 2021.