Florida Senate - 2019 SB 78 By Senator Rodriguez 37-00318A-19 201978__ 1 A bill to be entitled 2 An act relating to public financing of construction 3 projects; creating s. 161.551, F.S.; defining terms; 4 prohibiting state-financed constructors from 5 commencing construction of certain structures in 6 coastal areas without first conducting a sea level 7 impact projection study and having such study 8 published and approved by the Department of 9 Environmental Protection; requiring the department to 10 develop by rule standards for such studies; providing 11 for enforcement; requiring the department to publish 12 such studies on its website, subject to certain 13 conditions; requiring the department to enforce 14 certain requirements and to adopt rules; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 161.551, Florida Statutes, is created to 20 read: 21 161.551 Public financing of construction projects within 22 the coastal building zone.— 23 (1) As used in this section, the term: 24 (a) “Coastal structure” means a major structure or 25 nonhabitable major structure within the coastal building zone. 26 (b) “SLIP study” means a sea level impact projection study 27 as established by the department pursuant to subsection (3). 28 (c) “State-financed constructor” means a person, 29 municipality, county, or other public agency engaging in a 30 construction project using funds appropriated from the state. 31 (d) “Substantial flood damage” means flood, inundation, or 32 wave action damage resulting from a single event, such as a 33 flood or tropical weather system, where such damage exceeds 25 34 percent of the market value of the coastal structure at the time 35 of the event. 36 (2) A state-financed constructor may not commence 37 construction of a coastal structure without: 38 (a) Conducting a SLIP study that meets the requirements 39 established by the department; 40 (b) Submitting the study to the department; and 41 (c) Receiving department notification from the department 42 that the study: 43 1. Was approved by the department as properly conducted; 44 and 45 2. Has been published on the department’s website pursuant 46 to paragraph (5)(a) for at least 30 days. 47 (3) The department shall develop by rule a standard for 48 conducting a SLIP study. At minimum, this standard must require 49 that a state-financed constructor do all of the following: 50 (a) Utilize a systematic, interdisciplinary, and 51 scientifically accepted approach in the natural sciences and 52 construction design in conducting the study. 53 (b) Assess the flooding, inundation, and wave action damage 54 risks relating to the coastal structure over its expected life 55 or 50 years, whichever is less. 56 1. The assessment must take into account potential sea 57 level rise and increased storm risk during the expected life of 58 the coastal structure or 50 years, whichever is less. 59 2. The assessment must provide scientific and engineering 60 evidence of the risk to the coastal structure and methods used 61 to mitigate, adapt to, or reduce this risk. 62 3. The assessment must use and consider available 63 scientific research and generally accepted industry practices. 64 4. The assessment must provide the mean average annual 65 chance of substantial flood damage over the expected life of the 66 coastal structure or 50 years, whichever is less. 67 5. The assessment must analyze potential public safety and 68 environmental impacts resulting from damage to the coastal 69 structure including, but not limited to, leakage of pollutants, 70 electrocution and explosion hazards, and hazards resulting from 71 floating or flying structural debris. 72 (c) Provide alternatives for the coastal structure’s design 73 and siting, and how such alternatives would impact the risks 74 specified in subparagraph (b)5. as well as the risk and cost 75 associated with maintaining, repairing, and constructing the 76 coastal structure. 77 78 If multiple coastal structures are to be built concurrently 79 within one project, a state-financed constructor may conduct and 80 submit one SLIP study for the entire project for approval and 81 publication by the department. 82 (4) If a state-financed constructor commences construction 83 of a coastal structure but has not received approval from the 84 department to commence such construction pursuant to paragraph 85 (2)(c), the department may institute a civil action in a court 86 of competent jurisdiction to: 87 (a) Seek injunctive relief to cease further construction of 88 the coastal structure. 89 (b) Enforce compliance with this section or rules adopted 90 pursuant to this section. 91 (c) If the coastal structure has been completed or 92 substantially completed, seek recovery of all or a portion of 93 state funds expended on the coastal structure. 94 (5) The department shall: 95 (a) Publish and maintain a copy of all SLIP studies 96 submitted pursuant to this section on its website for at least 97 10 years after receipt. However, any portion of a study 98 containing information that is exempt from s. 119.07(1) and s. 99 24(a), Art. I of the State Constitution must be redacted by the 100 department before publication. 101 (b) Enforce the requirements of this section. 102 (c) Adopt rules as necessary to administer this section. 103 Section 2. This act shall take effect July 1, 2019.