Florida Senate - 2023                             CS for SB 1170
       By the Committee on Fiscal Policy; and Senators Calatayud and
       594-04102-23                                          20231170c1
    1                        A bill to be entitled                      
    2         An act relating to flooding and sea level rise
    3         vulnerability studies; amending s. 380.093, F.S.;
    4         revising the purposes for which the Department of
    5         Environmental Protection may provide grants under the
    6         Resilient Florida Grant Program to counties or
    7         municipalities; authorizing the department to provide
    8         such grants to water management districts for a
    9         specified purpose; requiring that such grants be
   10         prioritized; creating s. 380.0937, F.S.; defining
   11         terms; requiring state-financed constructors to take
   12         specified actions before commencing construction of
   13         potentially at-risk structures or infrastructure
   14         beginning on a specified date; requiring the
   15         department to develop by rule a specified sea level
   16         impact projection study standard; specifying
   17         requirements for the standard; authorizing the
   18         department to bring civil actions, seek injunctive
   19         relief, recover certain funds, and enforce specified
   20         requirements; providing construction; requiring the
   21         department to publish sea level impact projection
   22         studies on its website, subject to certain conditions,
   23         and adopt rules; amending s. 161.551, F.S.; providing
   24         for future repeal of requirements for the construction
   25         of certain structures in the coastal building zone;
   26         providing an effective date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Paragraph (b) of subsection (3) of section
   31  380.093, Florida Statutes, is amended to read:
   32         380.093 Resilient Florida Grant Program; comprehensive
   33  statewide flood vulnerability and sea level rise data set and
   34  assessment; Statewide Flooding and Sea Level Rise Resilience
   35  Plan; regional resilience entities.—
   37         (b) Subject to appropriation, the department may provide
   38  grants to each of the following entities:
   39         1. A county or municipality to fund:
   40         a.1. The costs of community resilience planning and
   41  necessary data collection for such planning, including
   42  comprehensive plan amendments and necessary corresponding
   43  analyses that address the requirements of s. 163.3178(2)(f).
   44         b.2. Vulnerability assessments that identify or address
   45  risks of inland or coastal flooding and sea level rise.
   46         c.3. The development of projects, plans, and policies that
   47  allow communities to prepare for threats from flooding and sea
   48  level rise.
   49         d.4. Preconstruction activities for projects to be
   50  submitted for inclusion in the Statewide Flooding and Sea Level
   51  Rise Resilience Plan that are located in a municipality that has
   52  a population of 10,000 or fewer or a county that has a
   53  population of 50,000 or fewer, according to the most recent
   54  April 1 population estimates posted on the Office of Economic
   55  and Demographic Research’s website.
   56         e.Feasibility studies and the cost of permitting for
   57  nature-based solutions that reduce the impact of flooding and
   58  sea level rise.
   59         2.A water management district identified in s. 373.069 to
   60  support local government adaptation planning, which may be
   61  conducted by the water management district or by a third party
   62  on behalf of the water management district. Such grants must be
   63  used for the express purpose of supporting the Florida Flood Hub
   64  for Applied Research and Innovation and the department in
   65  implementing this section through data creation and collection,
   66  modeling, and the implementation of statewide standards.
   67  Priority must be given to filling critical data gaps identified
   68  by the Florida Flood Hub for Applied Research and Innovation
   69  under s. 380.0933(2)(a).
   70         Section 2. Section 380.0937, Florida Statutes, is created
   71  to read:
   72         380.0937Public financing of construction projects within
   73  areas at risk due to sea level rise.—
   74         (1)As used in this section, the term:
   75         (a)“Area at risk due to sea level rise” means any location
   76  that is projected to be below the threshold for tidal flooding
   77  within the next 50 years by adding sea level rise using the
   78  highest of the sea level rise projections required by s.
   79  380.093(3)(d)3.b. For purposes of this paragraph, the threshold
   80  for tidal flooding is 2 feet above mean higher high water.
   81         (b)“Department” means the Department of Environmental
   82  Protection.
   83         (c)“Potentially at-risk structure or infrastructure” means
   84  any of the following when within an area at risk due to sea
   85  level rise:
   86         1.A critical asset as defined in s. 380.093(2)(a)1., 2.,
   87  and 3.
   88         2.A historical or cultural asset.
   89         (d)“Public entity” means the state or any of its political
   90  subdivisions, or any municipality, county, agency, special
   91  district, authority, or other public body corporate of the state
   92  which is demonstrated to perform a public function or to serve a
   93  governmental purpose that could properly be performed or served
   94  by an appropriate governmental unit.
   95         (e)“Significant flood damage” means flood, erosion,
   96  inundation, or wave action damage resulting from a discrete or
   97  compound natural hazard event, such as a flood or tropical
   98  weather system, where such damage exceeds:
   99         1.Twenty-five percent of the replacement cost of the
  100  potentially at-risk structure or infrastructure at the time of
  101  the event; or
  102         2.A defined threshold established by the department by
  103  rule, in coordination with the Department of Transportation and
  104  water management districts, for a potentially at-risk structure
  105  or infrastructure for which replacement cost is not an
  106  appropriate metric, such as roadways. The threshold must be
  107  established by July 1, 2024.
  108         (f)“SLIP study” means a sea level impact projection study
  109  as established by the department pursuant to subsection (3).
  110         (g)“State-financed constructor” means a public entity that
  111  commissions or manages a construction project using funds
  112  appropriated from the state.
  113         (2)Beginning July 1, 2024, a state-financed constructor
  114  may not commence construction of a potentially at-risk structure
  115  or infrastructure without:
  116         (a)Conducting a SLIP study that meets the requirements
  117  established by the department;
  118         (b)Submitting the study to the department; and
  119         (c)Receiving notification from the department that the
  120  study was received and that it has been published on the
  121  department’s website pursuant to paragraph (6)(a) for at least
  122  30 days. The state-financed constructor is solely responsible
  123  for ensuring that the study submitted to the department for
  124  publication meets the requirements of subsection (3).
  125         (3)The department shall develop by rule a standard by
  126  which a state-financed constructor must conduct a SLIP study and
  127  may require that a professional engineer sign off on the study.
  128  The rule applies only to projects not yet commenced as of the
  129  date the rule is finalized. The rule may not apply retroactively
  130  to projects that commenced before the date the rule is
  131  finalized. At a minimum, the standard must require that a state
  132  financed constructor do all of the following:
  133         (a)Use a systematic, interdisciplinary, and scientifically
  134  accepted approach in the natural sciences and construction
  135  design in conducting the study.
  136         (b)Assess the flooding, inundation, and wave action damage
  137  risks relating to the potentially at-risk structure or
  138  infrastructure over its expected life or 50 years, whichever is
  139  less.
  140         1.The assessment must take into account potential relative
  141  local sea level rise and increased storm risk during the
  142  expected life of the potentially at-risk structure or
  143  infrastructure or 50 years, whichever is less, and, to the
  144  extent possible, account for the construction of sea level rise
  145  versus land subsidence to the relative local sea level rise.
  146         2.The assessment must provide scientific and engineering
  147  evidence of the risk to the potentially at-risk structure or
  148  infrastructure and methods used to mitigate, adapt to, or reduce
  149  this risk.
  150         3.The assessment must use and consider available
  151  scientific research and generally accepted industry practices.
  152         4.The assessment must provide an estimated probability of
  153  significant flood damage to the potentially at-risk structure or
  154  infrastructure over the expected life of the structure or
  155  infrastructure or 50 years, whichever is less.
  156         5.The assessment must analyze potential public safety and
  157  environmental impacts resulting from damage to the potentially
  158  at-risk structure or infrastructure, including, but not limited
  159  to, leakage of pollutants, electrocution and explosion hazards,
  160  and hazards resulting from floating or flying structural debris.
  161         (c)Provide alternatives for the design and siting of the
  162  potentially at-risk structure or infrastructure and analyze how
  163  such alternatives would impact the risks specified in
  164  subparagraph (b)5., as well as the risk and cost associated with
  165  maintaining, repairing, and constructing the potentially at-risk
  166  structure or infrastructure.
  167         (d)Provide a list of flood mitigation strategies evaluated
  168  as part of the design of the potentially at-risk structure or
  169  infrastructure and identify appropriate flood mitigation
  170  strategies for consideration as part of the potentially at-risk
  171  structure or infrastructure design.
  173  If multiple potentially at-risk structures or infrastructure are
  174  to be built concurrently within one project, a state-financed
  175  constructor may conduct and submit one SLIP study for the entire
  176  project for publication by the department.
  177         (4)If a state-financed constructor commences construction
  178  of a potentially at-risk structure or infrastructure but has not
  179  complied with the SLIP study requirement under subsection (2),
  180  the department may bring a civil action in a court of competent
  181  jurisdiction to:
  182         (a)Seek injunctive relief to cease further construction of
  183  the potentially at-risk structure or infrastructure or to
  184  enforce compliance with this section or with rules adopted by
  185  the department pursuant to this section.
  186         (b)If the potentially at-risk structure or infrastructure
  187  has been completed or has been substantially completed, seek
  188  recovery of all or a portion of state funds expended on the
  189  potentially at-risk structure or infrastructure.
  190         (5)This section does not create a cause of action for
  191  damages or otherwise authorize the imposition of penalties by a
  192  public entity for failure to implement what is contained in the
  193  SLIP study.
  194         (6)The department:
  195         (a)Shall publish and maintain a copy of each SLIP study
  196  submitted pursuant to this section on its website for at least
  197  10 years after the date the department receives the study.
  198  However, any portion of a study containing information that is
  199  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  200  Constitution must be redacted by the department before
  201  publication.
  202         (b)Shall adopt rules as necessary to administer this
  203  section.
  204         (c)May enforce the requirements of this section.
  205         Section 3. Subsection (8) is added to section 161.551,
  206  Florida Statutes, to read:
  207         161.551 Public financing of construction projects within
  208  the coastal building zone.—
  209         (8)This section is repealed July 1, 2024.
  210         Section 4. This act shall take effect July 1, 2023.