Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 78
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Environment and Natural Resources (Rodriguez)
       recommended the following:
    1         Senate Amendment (with title amendment)
    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.
   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.
  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.