This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1077a.EAF
DATE: 1/25/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1077 Public Financing of Potentially At-risk Structures and Infrastructure
SPONSOR(S): Hunschofsky
TIED BILLS: IDEN./SIM. BILLS: SB 1434
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Environment, Agriculture & Flooding
Subcommittee
14 Y, 0 N Moore Moore
2) Agriculture & Natural Resources Appropriations
Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
With 1,350 miles of coastline and relatively low elevations, Florida is particularly vulnerable to coastal flooding.
One of the primary ways that climate change influences coastal flooding is through sea level rise. Sea level
rise is an observed increase in the average local sea level or global sea level trend. Florida’s coastal
communities are experiencing high-tide flooding events with increasing frequency because sea-level rise
increases the height of high tides. In the United States, sea level rise and flooding threaten an estimated $1
trillion in coastal real estate value, and analysts estimate that Florida could lose more than $300 billion in
property value by 2100.
Under current law, coastal construction is regulated by the Department of Environmental Protection (DEP) in
order to protect beaches and dunes from construction that can jeopardize the stability of the beach-dune
system, accelerate erosion, provide inadequate protection to upland structures, endanger adjacent properties,
or interfere with public beach access.
In 2020, the Legislature passed Senate Bill 178, which, beginning July 1, 2022, prohibits a public entity from
commencing construction of certain state-funded coastal structures unless the entity has conducted a sea level
impact projection (SLIP) study to assess risks to the structure. SB 178 directed DEP to adopt rules to develop
a standard by which public entities must conduct the SLIP study and specified requirements for the standard.
The bill expands the requirement for public entities to conduct a SLIP study before commencing construction of
certain state-financed coastal structures to apply the requirement to certain structures that are within any area
that is at risk due to sea level rise, not just coastal areas. The structures subject to this requirement are any
“potentially at-risk structures or infrastructure,” which are defined as any major structures or infrastructure,
including all infrastructure critical to public health, life, or safety, that are within an area at risk due to sea level
rise.
The bill may have an indeterminate fiscal impact on the state and local governments.
STORAGE NAME: h1077a.EAF PAGE: 2
DATE: 1/25/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Sea Level Rise and Coastal Flooding
With 1,350 miles of coastline and relatively low elevations, Florida is particularly vulnerable to coastal
flooding.
1
One of the primary ways that climate change influences coastal flooding is through sea level
rise.
2
Sea level rise is an observed increase in the average local sea level or global sea level trend.
3
The two major causes of global sea level rise are thermal expansion caused by the warming of the
oceans and the loss of land-based ice due to melting.
4
Since 1880, the average global sea level has
risen approximately eight to nine inches, and the rate of global sea level rise has been accelerating.
5
The National Oceanic and Atmospheric Administration (NOAA) utilizes tide gauges to measure
changes in sea level and provides data on local sea level rise trends.
6
Analysis of this data shows that
some low-lying areas in the southeastern United States experience higher local rates of sea level rise
than the global average.
7
Florida’s coastal communities are experiencing high-tide flooding events with increasing frequency
because sea level rise increases the height of high tides.
8
In the U.S., sea level rise and flooding
threaten an estimated $1 trillion in coastal real estate value, and analysts estimate that Florida could
lose more than $300 billion in property value by 2100.
9
Sea level rise further affects the salinity of both
surface water and groundwater through saltwater intrusion, posing a risk particularly for shallow coastal
aquifers.
10
Sea level rise also pushes saltwater further upstream in tidal rivers and streams, raises
coastal groundwater tables, and pushes saltwater further inland at the margins of coastal wetlands.
11
Storm surge intensity and the intensity and precipitation rates of hurricanes are generally projected to
increase,
12
and higher sea levels will cause storm surges to travel farther inland and impact more
properties than in the past.
13
Stronger storms and sea level rise are likely to lead to increased coastal
erosion.
14
Increases in evaporation rates and water vapor in the atmosphere increase rainfall intensity and
extreme precipitation events, and the sudden onset of water can overwhelm stormwater
1
Florida Division of Emergency Management, Enhanced State Hazard Mitigation Plan, State of Florida [hereinafter “SHMP”]
(2018), 107-108, 162, available at https://www.floridadisaster.org/globalassets/dem/mitigation/mitigate-fl--shmp/shmp-2018-
full_final_approved.6.11.2018.pdf (last visited Jan. 21, 2022). This measurement of Florida’s coastline increases to over 8,000 miles
when considering the intricacies of Florida’s coastline, including bays, inlets, and waterways.
2
Id. at 107.
3
DEP, Florida Adaptation Planning Guidebook: Glossary [hereinafter “DEP Guidebook”] (2018), available at
https://floridadep.gov/sites/default/files/AdaptationPlanningGuidebook.pdf (last visited Jan. 21, 2022).
4
National Aeronautics and Space Administration (NASA), Facts: Sea Level, available at https://climate.nasa.gov/vital-signs/sea-level/
(last visited Jan. 21, 2022).
5
U.S. Global Change Research Program, Fourth National Climate Assessment [hereinafter “NCA4”] (2018), 757, available at
https://nca2018.globalchange.gov/downloads/NCA4_2018_FullReport.pdf (last visited Jan. 21, 2022).
6
NOAA, What is a Tide Gauge?, available at https://oceanservice.noaa.gov/facts/tide-gauge.html (last visited Jan. 21, 2022); NOAA,
Tides and Currents, Sea Level Trends, available at https://tidesandcurrents.noaa.gov/sltrends/ (last visited Jan. 21, 2022).
7
NCA4 at 757.
8
SHMP at 108, 101; NOAA, High-Tide Flooding, available at https://toolkit.climate.gov/topics/coastal-flood-risk/shallow-coastal-
flooding-nuisance-flooding (last visited Jan. 21, 2022).
9
NCA4 at 324, 758.
10
SHMP at 106.
11
Id. at 108.
12
SHMP at 106, 141; NCA4 at 95, 97, 116-117, 1482.
13
NCA4 at 758; SHMP at 107.
14
NCA4 at 331, 340-341, 833, 1054, 1495; SHMP at 108, 221. STORAGE NAME: h1077a.EAF PAGE: 3
DATE: 1/25/2022
infrastructure.
15
As sea levels and groundwater levels rise, low areas drain more slowly, and the
combined effects of rising sea levels and extreme rainfall events are increasing the frequency and
magnitude of coastal and lowland flood events.
16
State, Regional, and Local Programs
Many state, regional, and local programs and policies are in place that address issues relating to sea
level rise and coastal flooding. For example, the Office of Resilience and Coastal Protection within the
Department of Environmental Protection (DEP) implements numerous programs related to sea level
rise and coastal issues, including the Coastal Construction Control Line Program and the Beach
Management Funding Assistance Program.
17
DEP also implements the Florida Resilient Coastlines
Program, which helps prepare coastal communities and habitats for the effects of climate change,
especially sea level rise, by offering technical assistance and funding to communities dealing with
coastal flooding, erosion, and ecosystem changes.
18
In 2021, the Legislature passed Senate Bill 1954 in an effort to address risks to the state posed by
flooding and sea level rise.
19
The bill directed DEP to develop a comprehensive statewide flood
vulnerability and sea level rise data set and assessment.
20
In addition, the bill required DEP to annually
develop a statewide flooding and sea level rise resilience plan that consists of ranked projects totaling
$100 million that address risks of flooding and sea level rise throughout the state.
21
DEP must submit
the plan to the Legislature for review and approval to fund the projects by December 1 of each year.
22
On the regional level, through a collaboration to address climate change, Broward, Miami-Dade,
Monroe, and Palm Beach Counties formed the Southeast Florida Regional Climate Change Compact
(Compact).
23
The Compact’s work includes developing a Regional Climate Action Plan and developing
a Unified Sea Level Rise Projection.
24
Many local governments in southeast Florida have since
incorporated the Compact’s projections into their planning documents and policies.
25
Florida’s local governments in coastal areas are required to have a coastal management element in
their comprehensive plans that uses principles to reduce flood risk and eliminate unsafe development in
coastal areas.
26
In certain coastal areas, local governments are authorized to establish an “adaptation
action area” designation in their comprehensive plan to develop policies and funding priorities that
improve coastal resilience and plan for sea level rise.
27
Office of Resilience and Coastal Protection
In January 2019, Governor DeSantis issued Executive Order 19-12, creating the Office of Resilience
and Coastal Protection to help prepare Florida’s coastal communities and habitats for impacts from sea
level rise by providing funding, technical assistance, and coordination among state, regional, and local
entities.
28
In August 2019, the Governor appointed Florida’s first Chief Resilience Officer, who reports to
15
SHMP at 99, 106, 116, 141, 181; NCA4 at 88, 762-763.
16
SHMP at 106; NCA4 at 763.
17
DEP, Beaches: About Us, available at https://floridadep.gov/rcp/beaches (last visited Jan. 21, 2022).
18
DEP, Florida Resilient Coastlines Program, available at https://floridadep.gov/rcp/florida-resilient-coastlines-program (last visited
Jan. 21, 2022).
19
Chapter 2021-28, Laws of Fla.
20
Section 380.093(4), F.S.
21
Section 380.093(5), F.S.
22
Id.
23
Regional Climate Leadership Summit, Southeast Florida Regional Climate Change Compact (2010), available at
http://southeastfloridaclimatecompact.org/wp-content/uploads/2014/09/compact.pdf (last visited Jan. 21, 2022); SFRCCC, What is the
Compact?, available at http://southeastfloridaclimatecompact.org/about-us/what-is-the-compact/ (last visited Jan. 21, 2022).
24
SFRCCC, Regional Climate Action Plan, available at http://southeastfloridaclimatecompact.org/regional-climate-action-plan/ (last
visited Jan. 21, 2022).
25
SFRCCC, ST-1: Incorporate Projections into Plans, available at
http://southeastfloridaclimatecompact.org/recommendations/incorporate-projections-into-plans/ (last visited Jan. 21, 2022).
26
Sections 380.24, 163.3177(6)(g), and 163.3178(2)(f), F.S.; see Ch. 2015-69, Laws of Fla.
27
Sections 163.3177(6)(g)10. and 163.3164(1), F.S.; see Ch. 2011-139, Laws of Fla.
28
Office of the Governor, Executive Order Number 19-12, 5 (2019), available at https://www.flgov.com/wp-
content/uploads/2019/01/EO-19-12-.pdf (last visited Jan. 21, 2022). STORAGE NAME: h1077a.EAF PAGE: 4
DATE: 1/25/2022
the Executive Office of the Governor and collaborates with state agencies, local communities, and
stakeholders to prepare for the impacts of sea level rise and climate change.
29
Coastal Construction
Under current law, coastal construction is regulated by DEP in order to protect Florida’s beaches and
dunes from imprudent construction that can jeopardize the stability of the beach-dune system,
accelerate erosion, provide inadequate protection to upland structures, endanger adjacent properties,
or interfere with public beach access.
30
Coastal construction is defined as any work or activity likely to
have a material physical effect on existing coastal conditions or natural shore and inlet processes.
31
Florida’s coastal local governments may also establish coastal construction zoning and building codes
in lieu of the statutory requirements as long as they are approved by DEP.
32
The coastal construction control line (CCCL) defines the portion of the beach-dune system that is
subject to severe fluctuations caused by a 100-year storm surge, storm waves, or other forces such as
wind, wave, or water level changes.
33
A 100-year storm is a shore-incident hurricane or any other storm
with accompanying wind, wave, and storm surge intensity that has a 1 percent chance of being equaled
or exceeded in any given year.
34
Seaward of the CCCL, new construction and improvements to existing
structures generally require a CCCL permit from DEP.
35
Due to the potential environmental impacts and
greater risk of hazards from wind and flood, the standards for construction seaward of the CCCL are
often more stringent than those that apply to the rest of the coastal building zone.
36
Permit applicants
must show that the proposed project will not result in a significant adverse impact.
37
CCCLs are set by
DEP on a countywide basis and are currently established for the majority of Florida’s coast.
38
The “mean high-water line” is the point on the shore that marks the average height of the high waters
over a 19-year period.
39
The mean high-water line is generally the boundary between the publicly
owned foreshore (the land alternately covered and uncovered by the tide) and the dry sand above the
line, which may be privately owned.
40
Generally, construction is prohibited within 50 feet of the mean
high-water line, known as the 50-foot setback.
41
Any structures below the mean high-water line that are
determined by DEP to serve no public purpose; to endanger human life, health, or welfare; or to be
undesirable or unnecessary must be adjusted, altered, or removed.
42
29
Governor Ron DeSantis, News Releases: Governor Ron DeSantis Announces Dr. Julia Nesheiwat as Florida’s First Chief
Resilience Officer (Aug. 1, 2019), available at https://flgov.com/2019/08/01/governor-ron-desantis-announces-dr-julia-nesheiwat-as-
floridas-first-chief-resilience-officer/ (last visited Jan. 21, 2022).
30
Section 161.053(1)(a), F.S.
31
Section 161.021(6), F.S.
32
Section 161.053(3), F.S.
33
Section 161.053, F.S.; r. 62B-33.005(1), F.A.C.; DEP, The Homeowner’s Guide to the Coastal Construction Control Line Program
(2017), 3, available at
https://floridadep.gov/sites/default/files/Homeowner%27s%20Guide%20to%20the%20CCCL%20Program%206_2012%20%28002%
29_0.pdf (last visited Jan. 21, 2022).
34
Rule 62B-33.002(41), F.A.C.
35
Section 161.053, F.S.; chs. 62B-33 and 62B-34, F.A.C.; DEP, The Homeowner’s Guide to the Coastal Construction Control Line
Program (2017), 3, available at
https://floridadep.gov/sites/default/files/Homeowner%27s%20Guide%20to%20the%20CCCL%20Program%206_2012%20%28002%
29_0.pdf (last visited Jan. 21, 2022); DEP, ASK - Have Questions about the Coastal Construction Control Line (CCCL)?, available at
https://floridadep.gov/water/coastal-construction-control-line/content/ask-have-questions-about-coastal-construction (last visited Jan.
21, 2022).
36
Chapter 62B-33, F.A.C.
37
Rule 62B-33.005, F.A.C.
38
Section 161.053(2), F.S.; DEP Geospatial Open Data, Coastal Construction Control Lines (CCCL),
http://geodata.dep.state.fl.us/datasets/4674ee6d93894168933e99aa2f14b923_2?geometry=-102.41%2C25.011%2C-60.596%2C31.77
(last visited Jan. 21, 2022).
39
Sections 177.27(14) and (15), F.S.
40
Section 177.28, F.S.; ss. 161.052(1), 161.151(3), 161.161(3)-(5), and 161.191, F.S. Where an “erosion control line” is established, it
serves as the mean high-water line when it is landward of the existing mean high-water line, and all lands seaward of a recorded
erosion control line are deemed to be vested in the state.
41
Rule 62B-33.002(17), F.A.C.
42
Section 161.061, F.S. STORAGE NAME: h1077a.EAF PAGE: 5
DATE: 1/25/2022
Above the mean high-water line is the “seasonal high-water line,” which accounts for variations in the
local mean high water, such as spring tides that occur twice per month.
43
The seasonal high-water line
is used to create 30-year erosion projections of long-term shoreline recession based on historical
measurements.
44
DEP makes 30-year erosion projections of the location of the seasonal high-water
line on a site-specific basis upon receipt of a CCCL permit application.
45
With certain exceptions, DEP
and local governments may not issue CCCL permits for the construction of major structures that are
seaward of the 30-year erosion projection.
46
The Coastal Zone Protection Act
The Legislature enacted the Coastal Zone Protection Act of 1985 (act) to minimize the impacts that
activities or construction near the coast have on Florida’s coastal areas.
47
The act imposes strict
construction standards in Florida’s coastal areas to protect the natural environment, private property,
and life.
48
The act applies to activities and construction within the coastal building zone, an area
stretching landward from the seasonal high-water line to a line 1,500 feet landward from the CCCL.
49
The act generally requires construction to be located a sufficient distance landward of the beach to
allow natural shoreline fluctuations and preserve dune stability.
50
Nonhabitable major structures
51
and
minor structures
52
must be designed to produce the minimum adverse impact on the beach and dune
system.
53
Minor structures must be designed to produce the minimum adverse impact to adjacent
properties and reduce the potential for water- or wind-blown material.
54
At or prior to the time that a contract is executed for the sale of real property located partially or totally
seaward of the CCCL, the seller must give a prospective purchaser a written disclosure statement that
states the property may be subject to coastal erosion and to federal, state, and local regulations that
govern coastal property.
55
The disclosure statement must indicate that additional information can be
obtained from DEP on whether significant erosion conditions are associated with the shoreline of the
property being purchased.
43
Section 161.053(5)(a)2., F.S., defines “seasonal high-water line” to mean the line formed by the intersection of the rising shore and
the elevation of 150 percent of the local mean tidal range above local mean high water; NOAA, What Are Spring and Neap Tides?,
available at https://oceanservice.noaa.gov/facts/springtide.html (last visited Jan. 21, 2022).
44
Rules 62B-33.024, F.A.C.
45
Id.
46
Section 161.053(5), F.S.; DEP, The Homeowner’s Guide to the Coastal Construction Control Line Program (2017), 6, available at
https://floridadep.gov/sites/default/files/Homeowner%27s%20Guide%20to%20the%20CCCL%20Program%206_2012%20%28002%
29_0.pdf (last visited Jan. 21, 2022).
47
Sections 161.52-161.58, F.S.
48
Sections 161.53(1), (4), and (5), F.S.
49
Section 161.54(1), F.S.; s. 161.55(4), F.S. On coastal barrier islands, the coastal building zone stretches 5,000 feet landward from
the CCCL.
50
Section 161.55(3), F.S. The act makes exceptions for certain structures such as piers, beach access ramps, or shore protection
structures.
51
Section 161.54(6)(a), F.S., defines “major structure” to mean houses, mobile homes, apartment buildings, condominiums, motels,
hotels, restaurants, towers, other types of residential, commercial, or public buildings, and other construction having the potential for
substantial impact on coastal zones. Section 161.54(6)(c), F.S., defines “nonhabitable major structure” to mean swimming pools;
parking garages; pipelines; piers; canals, lakes, ditches, drainage structures, and other water retention structures; water and sewage
treatment plants; electrical power plants, and all related structures or facilities, transmission lines, distribution lines, transformer pads,
vaults, and substations; roads, bridges, streets, and highways; and underground storage tanks.
52
Section 161.54(6)(b), F.S., defines “minor structure” to mean pile-supported, elevated dune and beach walkover structures; beach
access ramps and walkways; stairways; pile-supported, elevated viewing platforms, gazebos, and boardwalks; lifeguard support
stands; public and private bathhouses; sidewalks, driveways, parking areas, shuffleboard courts, tennis courts, handball courts,
racquetball courts, and other uncovered paved areas; earth retaining walls; and sand fences, privacy fences, ornamental walls,
ornamental garden structures, aviaries, and other ornamental construction.
53
Sections 161.55(1) and 161.55(2), F.S.
54
Section 161.55(1), F.S.
55
Section 161.57(2), F.S. STORAGE NAME: h1077a.EAF PAGE: 6
DATE: 1/25/2022
Senate Bill 178 (2020)
In 2020, the Legislature passed Senate Bill 178, which prohibited a public entity
56
from commencing
construction of a state-funded coastal structure
57
unless the entity has conducted a sea level impact
projection (SLIP) study, submitted the study to DEP, and received notification from DEP that the study
was received and has been published on DEP’s website for at least 30 days.
58
The bill directed DEP to adopt rules to develop a standard by which public entities must conduct the
SLIP study and specified that the SLIP study requirement would take effect one year after the rule
became effective.
59
DEP adopted rules in accordance with the bill that became effective July 1, 2021.
Thus, the SLIP study requirement will take effect July 1, 2022.
60
The bill specified that the standard adopted by DEP rule must require the public entity to:
Use a systematic, interdisciplinary, and scientifically accepted approach in the natural sciences
and construction design in conducting the SLIP study;
Assess the flooding, inundation, and wave action damage risks relating to the coastal structure
over its expected life or 50 years, whichever is less; and
Provide alternatives for the coastal structure's design and siting, and how such alternatives
would impact certain public safety and environmental risks as well as the risk and cost
associated with maintaining, repairing, and constructing the coastal structure.
The bill specifically required the risk assessment conducted by the public entity to:
Take into account potential relative local sea level rise and increased storm risk during the
expected life of the coastal structure or 50 years, whichever is less, and, to the extent possible,
account for the contribution of sea level rise versus land subsidence to the relative local sea
level rise;
Provide scientific and engineering evidence of the risk to the coastal structure and methods
used to mitigate, adapt to, or reduce this risk;
Use and consider available scientific research and generally accepted industry practices;
Provide the mean average annual chance of substantial flood damage over the expected life of
the coastal structure or 50 years, whichever is less; and
Analyze potential public safety and environmental impacts resulting from damage to the coastal
structure, including leakage of pollutants, electrocution and explosion hazards, and hazards
resulting from floating or flying structural debris.
The bill specified that the public entity is solely responsible for ensuring that the SLIP study submitted
to DEP for publication meets these requirements and required DEP to publish and maintain a copy of
all SLIP studies for at least 10 years after receipt. The bill required DEP to redact any information
exempt from public record requirements before publishing the study.
In addition, the bill specified that if multiple coastal structures are to be built concurrently within one
project, a public entity may conduct and submit one SLIP study for the entire project.
If a public entity commences construction of a coastal structure but has not conducted the SLIP study,
the bill authorized DEP to institute a civil action to seek injunctive relief to cease further construction of
the coastal structure or enforce compliance or, if the coastal structure has been completed or
substantially completed, to seek recovery of all or a portion of the state funds expended on the coastal
structure.
56
Section 161.551(1)(b), F.S., defines the term “public entity” to mean the state or any of its political subdivisions, or any
municipality, county, agency, special district, authority, or other public body corporate of the state that is demonstrated to perform a
public function or to serve a governmental purpose that could properly be performed or served by an appropriate governmental unit.
57
Section 161.551(1)(a), F.S., defines the term “coastal structure” to mean a major structure or nonhabitable major structure within the
coastal building zone.
58
Chapter 2020-119, Laws of Fla.
59
Section 161.551(3), F.S.
60
Rule 62S-7.011(1), Fla. Admin. Code STORAGE NAME: h1077a.EAF PAGE: 7
DATE: 1/25/2022
Lastly, the bill specified that the failure to implement what is contained in the SLIP study does not
create a cause of action for damages or otherwise authorize the imposition of penalties by a public
entity.
Effect of the Bill
The bill expands the requirement for public entities to conduct a SLIP study before commencing
construction of certain state-financed coastal structures to apply the requirement to certain structures
that are within any area that is at risk due to sea level rise, not just coastal areas. The structures
subject to this requirement are any “potentially at-risk structures or infrastructure,” which are defined as
any major structures or infrastructure, including all infrastructure critical to public health, life, or safety,
that are within an area at risk due to sea level rise.
The bill defines an “area at risk due to sea level rise” as an area where sea level rise can substantially
increase flood risk, including tidal, storm surge, riverine, runoff, stormwater, groundwater inundation, or
coastal erosion. The bill specifies that an area at risk is any location that is projected to be below the
threshold for tidal flooding
61
within the next 50 years by adding sea level rise using the 2017 NOAA
intermediate-high sea level rise projection.
The bill revises the requirements for the SLIP study standard that a public entity must use by specifying
that the required risk assessment must provide an estimated probability of significant flood damage to
the structure or infrastructure. The bill also revises the definition of “significant flood damage” to specify
that it means flood, erosion, inundation, or wave action damage resulting from a discrete or compound
natural hazard event, such as a flood or tropical weather system, where such damage exceeds:
25 percent of the replacement cost of the structure or infrastructure at the time of the event; or
A defined threshold established by DEP in coordination with the Department of Transportation
and water management districts. The threshold must be established by July 1, 2023.
The bill also requires the risk assessment to provide a list of flood mitigation strategies evaluated as
part of the design of the structure or infrastructure and identify flood mitigation strategies that have
been implemented or are being considered as part of the structure or infrastructure design.
B. SECTION DIRECTORY:
Section 1. Amends s. 161.551, F.S, relating to public financing of construction projects within areas
at risk due to sea level rise.
Section 2. Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate negative fiscal impact on state government in the short-term
because the bill requires governmental entities to conduct a SLIP study prior to construction of
certain structures. However, the SLIP study will identify risks that could potentially avoid damage
and loss of structures that were constructed using state funds, so the bill may result in an
indeterminate positive fiscal impact to state government in the long-term.
61
The bill specifies that the threshold for tidal flooding is 2 feet above mean higher high water. STORAGE NAME: h1077a.EAF PAGE: 8
DATE: 1/25/2022
The bill may have an indeterminate negative fiscal impact on DEP because it requires DEP to
conduct rulemaking and implement new regulations. DEP can likely implement the rulemaking and
new regulations within existing resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate negative fiscal impact on local governments because the bill
requires governmental entities to conduct a SLIP study prior to construction of certain structures.
However, the SLIP study will identify risks that could potentially avoid damage and loss of those
structures, so the bill may result in an indeterminate positive fiscal impact to local governments in
the long-term.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, section 18, of the Florida Constitution may
apply because this bill requires counties and municipalities that use state funds to build a structure in
an area at risk of sea level rise to conduct a SLIP study before commencing construction. However,
an exemption may apply if the bill results in an insignificant fiscal impact to county or municipal
governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill would require DEP to revise its rules regarding SLIP studies for state funded structures.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.