Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for SB 178 Ì441272ÆÎ441272 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Agriculture, Environment, and General Government (Rodriguez) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 41 - 119 4 and insert: 5 (2) Beginning 1 year after the date the rule developed by 6 the department pursuant to subsection (3) is finalized and is 7 otherwise in effect, a state-financed constructor may not 8 commence construction of a coastal structure without: 9 (a) Conducting a SLIP study that meets the requirements 10 established by the department; 11 (b) Submitting the study to the department; and 12 (c) Receiving notification from the department that the 13 study was received and that it has been published on the 14 department’s website pursuant to paragraph (6)(a) for at least 15 30 days. The state-financed constructor is solely responsible 16 for ensuring that the study submitted to the department for 17 publication meets the requirements under subsection (3). 18 (3) The department shall develop by rule a standard by 19 which a state-financed constructor must conduct a SLIP study and 20 may require that a professional engineer sign off on the study. 21 The rule must be effective 1 year after the date it is finalized 22 and applies only to projects not yet commenced as of the date 23 the rule is finalized. The rule may not apply retroactively to 24 projects that commenced before the date the rule is finalized. 25 At a minimum, the standard must require that a state-financed 26 constructor do all of the following: 27 (a) Use a systematic, interdisciplinary, and scientifically 28 accepted approach in the natural sciences and construction 29 design in conducting the study. 30 (b) Assess the flooding, inundation, and wave action damage 31 risks relating to the coastal structure over its expected life 32 or 50 years, whichever is less. 33 1. The assessment must take into account potential relative 34 local sea-level rise and increased storm risk during the 35 expected life of the coastal structure or 50 years, whichever is 36 less, and, to the extent possible, account for the contribution 37 of sea-level rise versus land subsidence to the relative local 38 sea-level rise. 39 2. The assessment must provide scientific and engineering 40 evidence of the risk to the coastal structure and methods used 41 to mitigate, adapt to, or reduce this risk. 42 3. The assessment must use and consider available 43 scientific research and generally accepted industry practices. 44 4. The assessment must provide the mean average annual 45 chance of substantial flood damage over the expected life of the 46 coastal structure or 50 years, whichever is less. 47 5. The assessment must analyze potential public safety and 48 environmental impacts resulting from damage to the coastal 49 structure, including, but not limited to, leakage of pollutants, 50 electrocution and explosion hazards, and hazards resulting from 51 floating or flying structural debris. 52 (c) Provide alternatives for the coastal structure’s design 53 and siting, and how such alternatives would impact the risks 54 specified in subparagraph (b)5. as well as the risk and cost 55 associated with maintaining, repairing, and constructing the 56 coastal structure. 57 58 If multiple coastal structures are to be built concurrently 59 within one project, a state-financed constructor may conduct and 60 submit one SLIP study for the entire project for publication by 61 the department. 62 (4) If a state-financed constructor commences construction 63 of a coastal structure but has not complied with the SLIP study 64 requirement under subsection (2), the department may institute a 65 civil action in a court of competent jurisdiction to: 66 (a) Seek injunctive relief to cease further construction of 67 the coastal structure or enforce compliance with this section or 68 with rules adopted by the department pursuant to this section. 69 (b) If the coastal structure has been completed or has been 70 substantially completed, seek recovery of all or a portion of 71 state funds expended on the coastal structure. 72 (5) This section may not be construed to create a cause of 73 action for damages or otherwise authorize the imposition of 74 penalties by a public entity for failure to implement what is 75 contained in the SLIP study. 76 (6) The department: 77 (a) Shall publish and maintain a copy of all SLIP studies 78 submitted pursuant to this section on its website for at least 79 10 years after receipt. However, any portion of a study 80 containing information that is exempt from s. 119.07(1) and s. 81 24(a), Art. I of the State Constitution must be redacted by the 82 department before publication. 83 (b) Shall adopt rules as necessary to administer this 84 section. 85 (7) The department may enforce the requirements of this 86 section. 87 Section 2. This act shall take effect July 1, 2020. 88 89 ================= T I T L E A M E N D M E N T ================ 90 And the title is amended as follows: 91 Delete lines 10 - 14 92 and insert: 93 for such studies; providing that such rule operates 94 prospectively on projects that have not yet commenced 95 as of the finalization of the rule; requiring the 96 department to publish such studies on its website, 97 subject to certain conditions; requiring the 98 department to adopt rules; providing for enforcement; 99 providing an effective date.