Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 78 Ì962074+Î962074 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environment and Natural Resources (Rodriguez) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 161.551, Florida Statutes, is created to 6 read: 7 161.551 Public financing of construction projects within 8 the coastal building zone.— 9 (1) As used in this section, the term: 10 (a) “Coastal structure” means a major structure or 11 nonhabitable major structure within the coastal building zone. 12 (b) “Public entity” means the state or any of its political 13 subdivisions, or any municipality, county, agency, special 14 district, authority, or other public body corporate of the state 15 which is demonstrated to perform a public function or to serve a 16 governmental purpose that could properly be performed or served 17 by an appropriate governmental unit. 18 (c) “SLIP study” means a sea level impact projection study 19 as established by the department pursuant to subsection (3). 20 (d) “State-financed constructor” means a public entity that 21 commissions or manages a construction project using funds 22 appropriated from the state. 23 (e) “Substantial flood damage” means flood, inundation, or 24 wave action damage resulting from a single event, such as a 25 flood or tropical weather system, where such damage exceeds 25 26 percent of the market value of the coastal structure at the time 27 of the event. 28 (2) A state-financed constructor may not commence 29 construction of a coastal structure without: 30 (a) Conducting a SLIP study that meets the requirements 31 established by the department; 32 (b) Submitting the study to the department; and 33 (c) Receiving notification from the department that the 34 study was received and that it has been published on the 35 department’s website pursuant to paragraph (5)(a) for at least 36 30 days. The state-financed constructor is solely responsible 37 for ensuring that the study submitted to the department for 38 publication meets the requirements under subsection (3). 39 (3) The department shall develop by rule a standard by 40 which a state-financed constructor must conduct a SLIP study and 41 may require that a professional engineer sign off on the study. 42 At a minimum, this standard must require that a state-financed 43 constructor do all of the following: 44 (a) Use a systematic, interdisciplinary, and scientifically 45 accepted approach in the natural sciences and construction 46 design in conducting the study. 47 (b) Assess the flooding, inundation, and wave action damage 48 risks relating to the coastal structure over its expected life 49 or 50 years, whichever is less. 50 1. The assessment must take into account potential sea 51 level rise and increased storm risk during the expected life of 52 the coastal structure or 50 years, whichever is less. 53 2. The assessment must provide scientific and engineering 54 evidence of the risk to the coastal structure and methods used 55 to mitigate, adapt to, or reduce this risk. 56 3. The assessment must use and consider available 57 scientific research and generally accepted industry practices. 58 4. The assessment must provide the mean average annual 59 chance of substantial flood damage over the expected life of the 60 coastal structure or 50 years, whichever is less. 61 5. The assessment must analyze potential public safety and 62 environmental impacts resulting from damage to the coastal 63 structure including, but not limited to, leakage of pollutants, 64 electrocution and explosion hazards, and hazards resulting from 65 floating or flying structural debris. 66 (c) Provide alternatives for the coastal structure’s design 67 and siting, and how such alternatives would impact the risks 68 specified in subparagraph (b)5. as well as the risk and cost 69 associated with maintaining, repairing, and constructing the 70 coastal structure. 71 72 If multiple coastal structures are to be built concurrently 73 within one project, a state-financed constructor may conduct and 74 submit one SLIP study for the entire project for publication by 75 the department. 76 (4) If a state-financed constructor commences construction 77 of a coastal structure but has not complied with the SLIP study 78 requirement under subsection (2), the department may institute a 79 civil action in a court of competent jurisdiction to: 80 (a) Seek injunctive relief to cease further construction of 81 the coastal structure or enforce compliance with this section or 82 with rules adopted by the department pursuant to this section. 83 (b) If the coastal structure has been completed or has been 84 substantially completed, seek recovery of all or a portion of 85 state funds expended on the coastal structure. 86 (5) This section may not be construed to create a cause of 87 action for damages. 88 (6) The department: 89 (a) Shall publish and maintain a copy of all SLIP studies 90 submitted pursuant to this section on its website for at least 91 10 years after receipt. However, any portion of a study 92 containing information that is exempt from s. 119.07(1) and s. 93 24(a), Art. I of the State Constitution must be redacted by the 94 department before publication. 95 (b) Shall adopt rules as necessary to administer this 96 section. 97 (7) The department may enforce the requirements of this 98 section. 99 Section 2. This act shall take effect July 1, 2019. 100 101 ================= T I T L E A M E N D M E N T ================ 102 And the title is amended as follows: 103 Delete everything before the enacting clause 104 and insert: 105 A bill to be entitled 106 An act relating to public financing of construction 107 projects; creating s. 161.551, F.S.; defining terms; 108 prohibiting state-financed constructors from 109 commencing construction of certain structures in 110 coastal areas without first conducting a sea level 111 impact projection study; requiring the Department of 112 Environmental Protection to develop by rule a standard 113 for such studies; providing for enforcement; requiring 114 the department to publish such studies on its website, 115 subject to certain conditions; requiring the 116 department to enforce certain requirements and to 117 adopt rules; providing an effective date.