HB 1077 2022
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hb1077-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public financing of potentially at -2
risk structures and infrastructure; amending s. 3
161.551, F.S.; providing and revising definitions; 4
providing that certain areas are at risk due to sea 5
level rise and structures and infrastructure within 6
those areas are potentially at risk; conforming 7
provisions to changes made by the act; providing an 8
effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. Section 161.551, Florida Statutes, is amended 13
to read: 14
161.551 Public financi ng of construction projects within 15
areas at risk due to sea level rise the coastal building zone .— 16
(1) As used in this section, the term: 17
(a) "Area at risk due to sea level rise" means an area 18
where sea level rise can substantially increase flood risk, 19
including tidal, storm surge, riverine, runoff, stormwater, 20
groundwater inundation, or coastal erosion. An area at risk is 21
any location that is projected to be below the threshold for 22
tidal flooding within the next 50 years by adding sea level rise 23
using the 2017 National Oceanic and Atmospheric Administration 24
intermediate-high sea level rise projection. For purposes of 25
HB 1077 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
this paragraph, the threshold for tidal flooding is 2 feet above 26
mean higher high water. 27
(b)(a) "Potentially at-risk Coastal structure or 28
infrastructure" means any a major structure or infrastructure, 29
including all infrastructure critical to public health, life, or 30
safety, within an area at risk due to sea level rise 31
nonhabitable major structure within the coastal building zone . 32
(c)(b) "Public entity" means the state or any of its 33
political subdivisions, or any municipality, county, agency, 34
special district, authority, or other public body corporate of 35
the state which is demonstrated to perform a public function or 36
to serve a governmental purpose that could properly be performed 37
or served by an appropriate governmental unit. 38
(e)(c) "SLIP study" means a sea level impact projection 39
study as established by the department pursuant to subsection 40
(3). 41
(d)(e) "Significant Substantial flood damage" means flood, 42
erosion, inundation, or wave action damage resulting from a 43
discrete or compound natural hazard single event, such as a 44
flood or tropical weather system, where such damage exceeds : 45
1. Twenty-five 25 percent of the replacement cost market 46
value of the potentially at-risk coastal structure or 47
infrastructure at the time of the event ; or 48
2. A defined threshold established by the department in 49
coordination with the Department of Transportation and water 50
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management districts. The thresh old must be established by July 51
1, 2023. 52
(f)(d) "State-financed constructor" means a public entity 53
that commissions or manages a construction project using funds 54
appropriated from the state. 55
(2) Beginning 1 year after the date the rule developed by 56
the department pursuant to subsection (3) is finalized and is 57
otherwise in effect, a state -financed constructor may not 58
commence construction of a potentially at-risk coastal structure 59
or infrastructure without: 60
(a) Conducting a SLIP study that meets the requirements 61
established by the department; 62
(b) Submitting the study to the department; and 63
(c) Receiving notification from the department that the 64
study was received and that it has been publ ished on the 65
department's website pursuant to paragraph (6)(a) for at least 66
30 days. The state-financed constructor is solely responsible 67
for ensuring that the study submitted to the department for 68
publication meets the requirements under subsection (3). 69
(3) The department shall develop by rule a standard by 70
which a state-financed constructor must conduct a SLIP study and 71
may require that a professional engineer sign off on the study. 72
The rule must be effective 1 year after the date it is finalized 73
and applies only to projects not yet commenced as of the date 74
the rule is finalized. The rule may not apply retroactively to 75
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projects that commenced before the date the rule is finalized. 76
At a minimum, the standard must require that a state -financed 77
constructor do all of the following: 78
(a) Use a systematic, interdisciplinary, and 79
scientifically accepted approach in the natural sciences and 80
construction design in conducting the study. 81
(b) Assess the flooding, inundation, and wave action 82
damage risks relating t o the potentially at-risk coastal 83
structure or infrastructure over its expected life or 50 years, 84
whichever is less. 85
1. The assessment must take into account potential 86
relative local sea-level rise and increased storm risk during 87
the expected life of the potentially at-risk coastal structure 88
or infrastructure or 50 years, whichever is less, and, to the 89
extent possible, account for the contribution of sea -level rise 90
versus land subsidence to the relative local sea -level rise. 91
2. The assessment must provi de scientific and engineering 92
evidence of the risk to the potentially at-risk coastal 93
structure or infrastructure and methods used to mitigate, adapt 94
to, or reduce this risk. 95
3. The assessment must use and consider available 96
scientific research and gener ally accepted industry practices. 97
4. The assessment must provide an estimated probability of 98
significant the mean average annual chance of substantial flood 99
damage to the potentially at -risk structure or infrastructure 100
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over the expected life of the coastal structure or 101
infrastructure or 50 years, whichever is less. 102
5. The assessment must analyze potential public safety and 103
environmental impacts resulting from damage to the potentially 104
at-risk coastal structure or infrastructure, including, but not 105
limited to, leakage of pollutants, electrocution and explosion 106
hazards, and hazards resulting from floating or flying 107
structural debris. 108
(c) Provide alternatives for the coastal structure's 109
design and siting of the potentially at -risk structure or 110
infrastructure, and how such alternatives would impact the risks 111
specified in subparagraph (b)5. as well as the risk and cost 112
associated with maintaining, repairing, and constructing the 113
potentially at-risk coastal structure or infrastructure. 114
(d) Provide a list of flood mitigation strategies 115
evaluated as part of the design of the potentially at -risk 116
structure or infrastructure, and identify the flood mitigation 117
strategies that have been implemented or are being considered as 118
part of the potentially at -risk structure or infrastructure 119
design. 120
121
If multiple potentially at-risk coastal structures or 122
infrastructure are to be built concurrently within one project, 123
a state-financed constructor may conduct and submit one SLIP 124
study for the entire project for publication by the department. 125
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(4) If a state-financed constructor commences construction 126
of a potentially at-risk coastal structure or infrastructure but 127
has not complied with the SLIP study requirement under 128
subsection (2), the department may institute a civil action in a 129
court of competent jurisdiction to: 130
(a) Seek injunctive relief to cease further construction 131
of the potentially at-risk coastal structure or infrastructure 132
or to enforce compliance with this section or with rules adopted 133
by the department pursuant to this section. 134
(b) If the potentially at-risk coastal structure or 135
infrastructure has been completed or has been substantially 136
completed, seek recovery of all or a portion of state funds 137
expended on the potentially at-risk coastal structure or 138
infrastructure. 139
(5) This section does not may not be construed to create a 140
cause of action for damages or otherwise authorize the 141
imposition of penalties by a public entity for failure to 142
implement what is contained in the SLIP study. 143
(6) The department: 144
(a) Shall publish and maintain a copy of each SLIP study 145
all SLIP studies submitted pursuant to this section on its 146
website for at least 10 years after the date the department 147
receives the study receipt. However, any portion of a study 148
containing information that is exempt from s. 119.07(1) and s. 149
24(a), Art. I of the State Constitution must be redacted by the 150
HB 1077 2022
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department before publication. 151
(b) Shall adopt rules as necessary to administer this 152
section. 153
(7) The department may enforce the requirements of thi s 154
section. 155
Section 2. This act shall take effect July 1, 2022. 156