Florida Senate - 2019 CS for SB 78 By the Committee on Environment and Natural Resources; and Senator Rodriguez 592-02964-19 201978c1 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; requiring the Department of 8 Environmental Protection to develop by rule a standard 9 for such studies; providing for enforcement; requiring 10 the department to publish such studies on its website, 11 subject to certain conditions; requiring the 12 department to enforce certain requirements and to 13 adopt rules; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 161.551, Florida Statutes, is created to 18 read: 19 161.551 Public financing of construction projects within 20 the coastal building zone.— 21 (1) As used in this section, the term: 22 (a) “Coastal structure” means a major structure or 23 nonhabitable major structure within the coastal building zone. 24 (b) “Public entity” means the state or any of its political 25 subdivisions, or any municipality, county, agency, special 26 district, authority, or other public body corporate of the state 27 which is demonstrated to perform a public function or to serve a 28 governmental purpose that could properly be performed or served 29 by an appropriate governmental unit. 30 (c) “SLIP study” means a sea level impact projection study 31 as established by the department pursuant to subsection (3). 32 (d) “State-financed constructor” means a public entity that 33 commissions or manages a construction project using funds 34 appropriated from the state. 35 (e) “Substantial flood damage” means flood, inundation, or 36 wave action damage resulting from a single event, such as a 37 flood or tropical weather system, where such damage exceeds 25 38 percent of the market value of the coastal structure at the time 39 of the event. 40 (2) A state-financed constructor may not commence 41 construction of a coastal structure without: 42 (a) Conducting a SLIP study that meets the requirements 43 established by the department; 44 (b) Submitting the study to the department; and 45 (c) Receiving notification from the department that the 46 study was received and that it has been published on the 47 department’s website pursuant to paragraph (5)(a) for at least 48 30 days. The state-financed constructor is solely responsible 49 for ensuring that the study submitted to the department for 50 publication meets the requirements under subsection (3). 51 (3) The department shall develop by rule a standard by 52 which a state-financed constructor must conduct a SLIP study and 53 may require that a professional engineer sign off on the study. 54 At a minimum, this standard must require that a state-financed 55 constructor do all of the following: 56 (a) Use a systematic, interdisciplinary, and scientifically 57 accepted approach in the natural sciences and construction 58 design in conducting the study. 59 (b) Assess the flooding, inundation, and wave action damage 60 risks relating to the coastal structure over its expected life 61 or 50 years, whichever is less. 62 1. The assessment must take into account potential sea 63 level rise and increased storm risk during the expected life of 64 the coastal structure or 50 years, whichever is less. 65 2. The assessment must provide scientific and engineering 66 evidence of the risk to the coastal structure and methods used 67 to mitigate, adapt to, or reduce this risk. 68 3. The assessment must use and consider available 69 scientific research and generally accepted industry practices. 70 4. The assessment must provide the mean average annual 71 chance of substantial flood damage over the expected life of the 72 coastal structure or 50 years, whichever is less. 73 5. The assessment must analyze potential public safety and 74 environmental impacts resulting from damage to the coastal 75 structure including, but not limited to, leakage of pollutants, 76 electrocution and explosion hazards, and hazards resulting from 77 floating or flying structural debris. 78 (c) Provide alternatives for the coastal structure’s design 79 and siting, and how such alternatives would impact the risks 80 specified in subparagraph (b)5. as well as the risk and cost 81 associated with maintaining, repairing, and constructing the 82 coastal structure. 83 84 If multiple coastal structures are to be built concurrently 85 within one project, a state-financed constructor may conduct and 86 submit one SLIP study for the entire project for publication by 87 the department. 88 (4) If a state-financed constructor commences construction 89 of a coastal structure but has not complied with the SLIP study 90 requirement under subsection (2), the department may institute a 91 civil action in a court of competent jurisdiction to: 92 (a) Seek injunctive relief to cease further construction of 93 the coastal structure or enforce compliance with this section or 94 with rules adopted by the department pursuant to this section. 95 (b) If the coastal structure has been completed or has been 96 substantially completed, seek recovery of all or a portion of 97 state funds expended on the coastal structure. 98 (5) This section may not be construed to create a cause of 99 action for damages. 100 (6) The department: 101 (a) Shall publish and maintain a copy of all SLIP studies 102 submitted pursuant to this section on its website for at least 103 10 years after receipt. However, any portion of a study 104 containing information that is exempt from s. 119.07(1) and s. 105 24(a), Art. I of the State Constitution must be redacted by the 106 department before publication. 107 (b) Shall adopt rules as necessary to administer this 108 section. 109 (7) The department may enforce the requirements of this 110 section. 111 Section 2. This act shall take effect July 1, 2019.