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.
   17  Be It Enacted by the Legislature of the State of Florida:
   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.
   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.