Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1170
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Fiscal Policy (Calatayud) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (3) of section
    6  380.093, Florida Statutes, is amended to read:
    7         380.093 Resilient Florida Grant Program; comprehensive
    8  statewide flood vulnerability and sea level rise data set and
    9  assessment; Statewide Flooding and Sea Level Rise Resilience
   10  Plan; regional resilience entities.—
   12         (b) Subject to appropriation, the department may provide
   13  grants to each of the following entities:
   14         1. A county or municipality to fund:
   15         a.1. The costs of community resilience planning and
   16  necessary data collection for such planning, including
   17  comprehensive plan amendments and necessary corresponding
   18  analyses that address the requirements of s. 163.3178(2)(f).
   19         b.2. Vulnerability assessments that identify or address
   20  risks of inland or coastal flooding and sea level rise.
   21         c.3. The development of projects, plans, and policies that
   22  allow communities to prepare for threats from flooding and sea
   23  level rise.
   24         d.4. Preconstruction activities for projects to be
   25  submitted for inclusion in the Statewide Flooding and Sea Level
   26  Rise Resilience Plan that are located in a municipality that has
   27  a population of 10,000 or fewer or a county that has a
   28  population of 50,000 or fewer, according to the most recent
   29  April 1 population estimates posted on the Office of Economic
   30  and Demographic Research’s website.
   31         e.Feasibility studies and the cost of permitting for
   32  nature-based solutions that reduce the impact of flooding and
   33  sea level rise.
   34         2.A water management district identified in s. 373.069 to
   35  support local government adaptation planning, which may be
   36  conducted by the water management district or by a third party
   37  on behalf of the water management district. Such grants must be
   38  used for the express purpose of supporting the Florida Flood Hub
   39  for Applied Research and Innovation and the department in
   40  implementing this section through data creation and collection,
   41  modeling, and the implementation of statewide standards.
   42  Priority must be given to filling critical data gaps identified
   43  by the Florida Flood Hub for Applied Research and Innovation
   44  under s. 380.0933(2)(a).
   45         Section 2. Section 380.0937, Florida Statutes, is created
   46  to read:
   47         380.0937Public financing of construction projects within
   48  areas at risk due to sea level rise.—
   49         (1)As used in this section, the term:
   50         (a)“Area at risk due to sea level rise” means any location
   51  that is projected to be below the threshold for tidal flooding
   52  within the next 50 years by adding sea level rise using the
   53  highest of the sea level rise projections required by s.
   54  380.093(3)(d)3.b. For purposes of this paragraph, the threshold
   55  for tidal flooding is 2 feet above mean higher high water.
   56         (b)“Department” means the Department of Environmental
   57  Protection.
   58         (c)“Potentially at-risk structure or infrastructure” means
   59  any of the following when within an area at risk due to sea
   60  level rise:
   61         1.A critical asset as defined in s. 380.093(2)(a)1., 2.,
   62  and 3.
   63         2.A historical or cultural asset.
   64         (d)“Public entity” means the state or any of its political
   65  subdivisions, or any municipality, county, agency, special
   66  district, authority, or other public body corporate of the state
   67  which is demonstrated to perform a public function or to serve a
   68  governmental purpose that could properly be performed or served
   69  by an appropriate governmental unit.
   70         (e)“Significant flood damage” means flood, erosion,
   71  inundation, or wave action damage resulting from a discrete or
   72  compound natural hazard event, such as a flood or tropical
   73  weather system, where such damage exceeds:
   74         1.Twenty-five percent of the replacement cost of the
   75  potentially at-risk structure or infrastructure at the time of
   76  the event; or
   77         2.A defined threshold established by the department by
   78  rule, in coordination with the Department of Transportation and
   79  water management districts, for a potentially at-risk structure
   80  or infrastructure for which replacement cost is not an
   81  appropriate metric, such as roadways. The threshold must be
   82  established by July 1, 2024.
   83         (f)“SLIP study” means a sea level impact projection study
   84  as established by the department pursuant to subsection (3).
   85         (g)“State-financed constructor” means a public entity that
   86  commissions or manages a construction project using funds
   87  appropriated from the state.
   88         (2)Beginning July 1, 2024, a state-financed constructor
   89  may not commence construction of a potentially at-risk structure
   90  or infrastructure without:
   91         (a)Conducting a SLIP study that meets the requirements
   92  established by the department;
   93         (b)Submitting the study to the department; and
   94         (c)Receiving notification from the department that the
   95  study was received and that it has been published on the
   96  department’s website pursuant to paragraph (6)(a) for at least
   97  30 days. The state-financed constructor is solely responsible
   98  for ensuring that the study submitted to the department for
   99  publication meets the requirements of subsection (3).
  100         (3)The department shall develop by rule a standard by
  101  which a state-financed constructor must conduct a SLIP study and
  102  may require that a professional engineer sign off on the study.
  103  The rule applies only to projects not yet commenced as of the
  104  date the rule is finalized. The rule may not apply retroactively
  105  to projects that commenced before the date the rule is
  106  finalized. At a minimum, the standard must require that a state
  107  financed constructor do all of the following:
  108         (a)Use a systematic, interdisciplinary, and scientifically
  109  accepted approach in the natural sciences and construction
  110  design in conducting the study.
  111         (b)Assess the flooding, inundation, and wave action damage
  112  risks relating to the potentially at-risk structure or
  113  infrastructure over its expected life or 50 years, whichever is
  114  less.
  115         1.The assessment must take into account potential relative
  116  local sea level rise and increased storm risk during the
  117  expected life of the potentially at-risk structure or
  118  infrastructure or 50 years, whichever is less, and, to the
  119  extent possible, account for the construction of sea level rise
  120  versus land subsidence to the relative local sea level rise.
  121         2.The assessment must provide scientific and engineering
  122  evidence of the risk to the potentially at-risk structure or
  123  infrastructure and methods used to mitigate, adapt to, or reduce
  124  this risk.
  125         3.The assessment must use and consider available
  126  scientific research and generally accepted industry practices.
  127         4.The assessment must provide an estimated probability of
  128  significant flood damage to the potentially at-risk structure or
  129  infrastructure over the expected life of the structure or
  130  infrastructure or 50 years, whichever is less.
  131         5.The assessment must analyze potential public safety and
  132  environmental impacts resulting from damage to the potentially
  133  at-risk structure or infrastructure, including, but not limited
  134  to, leakage of pollutants, electrocution and explosion hazards,
  135  and hazards resulting from floating or flying structural debris.
  136         (c)Provide alternatives for the design and siting of the
  137  potentially at-risk structure or infrastructure and analyze how
  138  such alternatives would impact the risks specified in
  139  subparagraph (b)5., as well as the risk and cost associated with
  140  maintaining, repairing, and constructing the potentially at-risk
  141  structure or infrastructure.
  142         (d)Provide a list of flood mitigation strategies evaluated
  143  as part of the design of the potentially at-risk structure or
  144  infrastructure and identify appropriate flood mitigation
  145  strategies for consideration as part of the potentially at-risk
  146  structure or infrastructure design.
  148  If multiple potentially at-risk structures or infrastructure are
  149  to be built concurrently within one project, a state-financed
  150  constructor may conduct and submit one SLIP study for the entire
  151  project for publication by the department.
  152         (4)If a state-financed constructor commences construction
  153  of a potentially at-risk structure or infrastructure but has not
  154  complied with the SLIP study requirement under subsection (2),
  155  the department may bring a civil action in a court of competent
  156  jurisdiction to:
  157         (a)Seek injunctive relief to cease further construction of
  158  the potentially at-risk structure or infrastructure or to
  159  enforce compliance with this section or with rules adopted by
  160  the department pursuant to this section.
  161         (b)If the potentially at-risk structure or infrastructure
  162  has been completed or has been substantially completed, seek
  163  recovery of all or a portion of state funds expended on the
  164  potentially at-risk structure or infrastructure.
  165         (5)This section does not create a cause of action for
  166  damages or otherwise authorize the imposition of penalties by a
  167  public entity for failure to implement what is contained in the
  168  SLIP study.
  169         (6)The department:
  170         (a)Shall publish and maintain a copy of each SLIP study
  171  submitted pursuant to this section on its website for at least
  172  10 years after the date the department receives the study.
  173  However, any portion of a study containing information that is
  174  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  175  Constitution must be redacted by the department before
  176  publication.
  177         (b)Shall adopt rules as necessary to administer this
  178  section.
  179         (c)May enforce the requirements of this section.
  180         Section 3. Subsection (8) is added to section 161.551,
  181  Florida Statutes, to read:
  182         161.551 Public financing of construction projects within
  183  the coastal building zone.—
  184         (8)This section is repealed July 1, 2024.
  185         Section 4. This act shall take effect July 1, 2023.
  187  ================= T I T L E  A M E N D M E N T ================
  188  And the title is amended as follows:
  189         Delete everything before the enacting clause
  190  and insert:
  191                        A bill to be entitled                      
  192         An act relating to flooding and sea level rise
  193         vulnerability studies; amending s. 380.093, F.S.;
  194         revising the purposes for which the Department of
  195         Environmental Protection may provide grants under the
  196         Resilient Florida Grant Program to counties or
  197         municipalities; authorizing the department to provide
  198         such grants to water management districts for a
  199         specified purpose; requiring that such grants be
  200         prioritized; creating s. 380.0937, F.S.; defining
  201         terms; requiring state-financed constructors to take
  202         specified actions before commencing construction of
  203         potentially at-risk structures or infrastructure
  204         beginning on a specified date; requiring the
  205         department to develop by rule a specified sea level
  206         impact projection study standard; specifying
  207         requirements for the standard; authorizing the
  208         department to bring civil actions, seek injunctive
  209         relief, recover certain funds, and enforce specified
  210         requirements; providing construction; requiring the
  211         department to publish sea level impact projection
  212         studies on its website, subject to certain conditions,
  213         and adopt rules; amending s. 161.551, F.S.; providing
  214         for future repeal of requirements for the construction
  215         of certain structures in the coastal building zone;
  216         providing an effective date.