Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1170
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/21/2023 .
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The Committee on Fiscal Policy (Calatayud) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (b) of subsection (3) of section
6 380.093, Florida Statutes, is amended to read:
7 380.093 Resilient Florida Grant Program; comprehensive
8 statewide flood vulnerability and sea level rise data set and
9 assessment; Statewide Flooding and Sea Level Rise Resilience
10 Plan; regional resilience entities.—
11 (3) RESILIENT FLORIDA GRANT PROGRAM.—
12 (b) Subject to appropriation, the department may provide
13 grants to each of the following entities:
14 1. A county or municipality to fund:
15 a.1. The costs of community resilience planning and
16 necessary data collection for such planning, including
17 comprehensive plan amendments and necessary corresponding
18 analyses that address the requirements of s. 163.3178(2)(f).
19 b.2. Vulnerability assessments that identify or address
20 risks of inland or coastal flooding and sea level rise.
21 c.3. The development of projects, plans, and policies that
22 allow communities to prepare for threats from flooding and sea
23 level rise.
24 d.4. Preconstruction activities for projects to be
25 submitted for inclusion in the Statewide Flooding and Sea Level
26 Rise Resilience Plan that are located in a municipality that has
27 a population of 10,000 or fewer or a county that has a
28 population of 50,000 or fewer, according to the most recent
29 April 1 population estimates posted on the Office of Economic
30 and Demographic Research’s website.
31 e. Feasibility studies and the cost of permitting for
32 nature-based solutions that reduce the impact of flooding and
33 sea level rise.
34 2. A water management district identified in s. 373.069 to
35 support local government adaptation planning, which may be
36 conducted by the water management district or by a third party
37 on behalf of the water management district. Such grants must be
38 used for the express purpose of supporting the Florida Flood Hub
39 for Applied Research and Innovation and the department in
40 implementing this section through data creation and collection,
41 modeling, and the implementation of statewide standards.
42 Priority must be given to filling critical data gaps identified
43 by the Florida Flood Hub for Applied Research and Innovation
44 under s. 380.0933(2)(a).
45 Section 2. Section 380.0937, Florida Statutes, is created
46 to read:
47 380.0937 Public financing of construction projects within
48 areas at risk due to sea level rise.—
49 (1) As used in this section, the term:
50 (a) “Area at risk due to sea level rise” means any location
51 that is projected to be below the threshold for tidal flooding
52 within the next 50 years by adding sea level rise using the
53 highest of the sea level rise projections required by s.
54 380.093(3)(d)3.b. For purposes of this paragraph, the threshold
55 for tidal flooding is 2 feet above mean higher high water.
56 (b) “Department” means the Department of Environmental
57 Protection.
58 (c) “Potentially at-risk structure or infrastructure” means
59 any of the following when within an area at risk due to sea
60 level rise:
61 1. A critical asset as defined in s. 380.093(2)(a)1., 2.,
62 and 3.
63 2. A historical or cultural asset.
64 (d) “Public entity” means the state or any of its political
65 subdivisions, or any municipality, county, agency, special
66 district, authority, or other public body corporate of the state
67 which is demonstrated to perform a public function or to serve a
68 governmental purpose that could properly be performed or served
69 by an appropriate governmental unit.
70 (e) “Significant flood damage” means flood, erosion,
71 inundation, or wave action damage resulting from a discrete or
72 compound natural hazard event, such as a flood or tropical
73 weather system, where such damage exceeds:
74 1. Twenty-five percent of the replacement cost of the
75 potentially at-risk structure or infrastructure at the time of
76 the event; or
77 2. A defined threshold established by the department by
78 rule, in coordination with the Department of Transportation and
79 water management districts, for a potentially at-risk structure
80 or infrastructure for which replacement cost is not an
81 appropriate metric, such as roadways. The threshold must be
82 established by July 1, 2024.
83 (f) “SLIP study” means a sea level impact projection study
84 as established by the department pursuant to subsection (3).
85 (g) “State-financed constructor” means a public entity that
86 commissions or manages a construction project using funds
87 appropriated from the state.
88 (2) Beginning July 1, 2024, a state-financed constructor
89 may not commence construction of a potentially at-risk structure
90 or infrastructure without:
91 (a) Conducting a SLIP study that meets the requirements
92 established by the department;
93 (b) Submitting the study to the department; and
94 (c) Receiving notification from the department that the
95 study was received and that it has been published on the
96 department’s website pursuant to paragraph (6)(a) for at least
97 30 days. The state-financed constructor is solely responsible
98 for ensuring that the study submitted to the department for
99 publication meets the requirements of subsection (3).
100 (3) The department shall develop by rule a standard by
101 which a state-financed constructor must conduct a SLIP study and
102 may require that a professional engineer sign off on the study.
103 The rule applies only to projects not yet commenced as of the
104 date the rule is finalized. The rule may not apply retroactively
105 to projects that commenced before the date the rule is
106 finalized. At a minimum, the standard must require that a state
107 financed constructor do all of the following:
108 (a) Use a systematic, interdisciplinary, and scientifically
109 accepted approach in the natural sciences and construction
110 design in conducting the study.
111 (b) Assess the flooding, inundation, and wave action damage
112 risks relating to the potentially at-risk structure or
113 infrastructure over its expected life or 50 years, whichever is
114 less.
115 1. The assessment must take into account potential relative
116 local sea level rise and increased storm risk during the
117 expected life of the potentially at-risk structure or
118 infrastructure or 50 years, whichever is less, and, to the
119 extent possible, account for the construction of sea level rise
120 versus land subsidence to the relative local sea level rise.
121 2. The assessment must provide scientific and engineering
122 evidence of the risk to the potentially at-risk structure or
123 infrastructure and methods used to mitigate, adapt to, or reduce
124 this risk.
125 3. The assessment must use and consider available
126 scientific research and generally accepted industry practices.
127 4. The assessment must provide an estimated probability of
128 significant flood damage to the potentially at-risk structure or
129 infrastructure over the expected life of the structure or
130 infrastructure or 50 years, whichever is less.
131 5. The assessment must analyze potential public safety and
132 environmental impacts resulting from damage to the potentially
133 at-risk structure or infrastructure, including, but not limited
134 to, leakage of pollutants, electrocution and explosion hazards,
135 and hazards resulting from floating or flying structural debris.
136 (c) Provide alternatives for the design and siting of the
137 potentially at-risk structure or infrastructure and analyze how
138 such alternatives would impact the risks specified in
139 subparagraph (b)5., as well as the risk and cost associated with
140 maintaining, repairing, and constructing the potentially at-risk
141 structure or infrastructure.
142 (d) Provide a list of flood mitigation strategies evaluated
143 as part of the design of the potentially at-risk structure or
144 infrastructure and identify appropriate flood mitigation
145 strategies for consideration as part of the potentially at-risk
146 structure or infrastructure design.
147
148 If multiple potentially at-risk structures or infrastructure are
149 to be built concurrently within one project, a state-financed
150 constructor may conduct and submit one SLIP study for the entire
151 project for publication by the department.
152 (4) If a state-financed constructor commences construction
153 of a potentially at-risk structure or infrastructure but has not
154 complied with the SLIP study requirement under subsection (2),
155 the department may bring a civil action in a court of competent
156 jurisdiction to:
157 (a) Seek injunctive relief to cease further construction of
158 the potentially at-risk structure or infrastructure or to
159 enforce compliance with this section or with rules adopted by
160 the department pursuant to this section.
161 (b) If the potentially at-risk structure or infrastructure
162 has been completed or has been substantially completed, seek
163 recovery of all or a portion of state funds expended on the
164 potentially at-risk structure or infrastructure.
165 (5) This section does not create a cause of action for
166 damages or otherwise authorize the imposition of penalties by a
167 public entity for failure to implement what is contained in the
168 SLIP study.
169 (6) The department:
170 (a) Shall publish and maintain a copy of each SLIP study
171 submitted pursuant to this section on its website for at least
172 10 years after the date the department receives the study.
173 However, any portion of a study containing information that is
174 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
175 Constitution must be redacted by the department before
176 publication.
177 (b) Shall adopt rules as necessary to administer this
178 section.
179 (c) May enforce the requirements of this section.
180 Section 3. Subsection (8) is added to section 161.551,
181 Florida Statutes, to read:
182 161.551 Public financing of construction projects within
183 the coastal building zone.—
184 (8) This section is repealed July 1, 2024.
185 Section 4. This act shall take effect July 1, 2023.
186
187 ================= T I T L E A M E N D M E N T ================
188 And the title is amended as follows:
189 Delete everything before the enacting clause
190 and insert:
191 A bill to be entitled
192 An act relating to flooding and sea level rise
193 vulnerability studies; amending s. 380.093, F.S.;
194 revising the purposes for which the Department of
195 Environmental Protection may provide grants under the
196 Resilient Florida Grant Program to counties or
197 municipalities; authorizing the department to provide
198 such grants to water management districts for a
199 specified purpose; requiring that such grants be
200 prioritized; creating s. 380.0937, F.S.; defining
201 terms; requiring state-financed constructors to take
202 specified actions before commencing construction of
203 potentially at-risk structures or infrastructure
204 beginning on a specified date; requiring the
205 department to develop by rule a specified sea level
206 impact projection study standard; specifying
207 requirements for the standard; authorizing the
208 department to bring civil actions, seek injunctive
209 relief, recover certain funds, and enforce specified
210 requirements; providing construction; requiring the
211 department to publish sea level impact projection
212 studies on its website, subject to certain conditions,
213 and adopt rules; amending s. 161.551, F.S.; providing
214 for future repeal of requirements for the construction
215 of certain structures in the coastal building zone;
216 providing an effective date.