FL
Florida House Bill H1077

Florida 2022 Regular Session

Florida House Bill H1077 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to public financing of potentially at -2
16-risk structures and infrastructure; transferring, 3
17-renumbering, and amending s. 161.551, F.S.; providing 4
18-and revising definitions; providing that certain areas 5
19-are at risk due to sea level rise and structures and 6
20-infrastructure within those areas are potentially at 7
21-risk; conforming provisions to changes made by the 8
22-act; providing an effective date. 9
16+risk structures and infrastructure; amending s. 3
17+161.551, F.S.; providing and revising definitions; 4
18+providing that certain areas are at risk due to sea 5
19+level rise and structures and infrastructure within 6
20+those areas are potentially at risk; conforming 7
21+provisions to changes made by the act; providing an 8
22+effective date. 9
2323 10
2424 Be It Enacted by the Legislature of the State of Florida: 11
2525 12
26- Section 1. Section 161.551, Florida Statutes, is 13
27-transferred, renumbered as section 380.0937, Florida Statutes, 14
28-and amended to read: 15
29- 380.0937 161.551 Public financing of construction projects 16
30-within areas at risk due to sea level rise the coastal building 17
31-zone.— 18
32- (1) As used in this section, the term: 19
33- (a) "Area at risk due to sea level rise" means any 20
34-location that is projected to be below the threshold for tidal 21
35-flooding within the next 50 years by adding sea level rise using 22
36-the 2017 National Oceanic and Atmospheric Administration 23
37-intermediate-high sea level rise projection. For purposes of 24
38-this paragraph, the threshold for tidal flooding is 2 feet above 25
26+ Section 1. Section 161.551, Florida Statutes, is amended 13
27+to read: 14
28+ 161.551 Public financi ng of construction projects within 15
29+areas at risk due to sea level rise the coastal building zone .— 16
30+ (1) As used in this section, the term: 17
31+ (a) "Area at risk due to sea level rise" means an area 18
32+where sea level rise can substantially increase flood risk, 19
33+including tidal, storm surge, riverine, runoff, stormwater, 20
34+groundwater inundation, or coastal erosion. An area at risk is 21
35+any location that is projected to be below the threshold for 22
36+tidal flooding within the next 50 years by adding sea level rise 23
37+using the 2017 National Oceanic and Atmospheric Administration 24
38+intermediate-high sea level rise projection. For purposes of 25
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4747 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
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51-mean higher high water. 26
52- (b) "Department" means the Department of Environmental 27
53-Protection. 28
54- (c)(a) "Potentially at-risk Coastal structure or 29
55-infrastructure" means any of the following when within an area 30
56-at risk due to sea level rise: 31
57- 1. A critical asset as defined in s. 380.093(2)(a)1. -3. 32
58- 2. A historical or cultural asset a major structure or 33
59-nonhabitable major structure within the coastal building zon e. 34
60- (d)(b) "Public entity" means the state or any of its 35
61-political subdivisions, or any municipality, county, agency, 36
62-special district, authority, or other public body corporate of 37
63-the state which is demonstrated to perform a public function or 38
64-to serve a governmental purpose that could properly be performed 39
65-or served by an appropriate governmental unit. 40
66- (f)(c) "SLIP study" means a sea level impact projection 41
67-study as established by the department pursuant to subsection 42
68-(3). 43
69- (e)(e) "Significant Substantial flood damage" means flood, 44
70-erosion, inundation, or wave action damage resulting from a 45
71-discrete or compound natural hazard single event, such as a 46
72-flood or tropical weather system, where such damage exceeds : 47
73- 1. Twenty-five 25 percent of the replacement cost market 48
74-value of the potentially at-risk coastal structure or 49
75-infrastructure at the time of the event ; or 50
51+this paragraph, the threshold for tidal flooding is 2 feet above 26
52+mean higher high water. 27
53+ (b)(a) "Potentially at-risk Coastal structure or 28
54+infrastructure" means any a major structure or infrastructure, 29
55+including all infrastructure critical to public health, life, or 30
56+safety, within an area at risk due to sea level rise 31
57+nonhabitable major structure within the coastal building zone . 32
58+ (c)(b) "Public entity" means the state or any of its 33
59+political subdivisions, or any municipality, county, agency, 34
60+special district, authority, or other public body corporate of 35
61+the state which is demonstrated to perform a public function or 36
62+to serve a governmental purpose that could properly be performed 37
63+or served by an appropriate governmental unit. 38
64+ (e)(c) "SLIP study" means a sea level impact projection 39
65+study as established by the department pursuant to subsection 40
66+(3). 41
67+ (d)(e) "Significant Substantial flood damage" means flood, 42
68+erosion, inundation, or wave action damage resulting from a 43
69+discrete or compound natural hazard single event, such as a 44
70+flood or tropical weather system, where such damage exceeds : 45
71+ 1. Twenty-five 25 percent of the replacement cost market 46
72+value of the potentially at-risk coastal structure or 47
73+infrastructure at the time of the event ; or 48
74+ 2. A defined threshold established by the department in 49
75+coordination with the Department of Transportation and water 50
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8484 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
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88- 2. A defined threshold established by the department by 51
89-rule, in coordination with the Department of Transportation and 52
90-water management districts, for a potentially at -risk structure 53
91-or infrastructure where replacement cost is not an appropriate 54
92-metric, such as roadways. The threshold must be established by 55
93-July 1, 2023. 56
94- (g)(d) "State-financed constructor" means a public entity 57
95-that commissions or manages a construction project using funds 58
96-appropriated from the state. 59
97- (2) Beginning July 1, 2023 1 year after the date the rule 60
98-developed by the department pursuant to subsection (3) is 61
99-finalized and is otherwise in effect , a state-financed 62
100-constructor may not commence construction of a potentially at-63
101-risk coastal structure or infrastructure without: 64
102- (a) Conducting a SLIP study that meets the requirements 65
103-established by the department; 66
104- (b) Submitting the study to the department; and 67
105- (c) Receiving notification from the department that the 68
106-study was received and that it has been published on the 69
107-department's website pursuant to paragraph (6)(a) for at least 70
108-30 days. The state-financed constructor is solely responsible 71
109-for ensuring that the study submitted to the department for 72
110-publication meets the requirements under subsection (3). 73
111- (3) The department shall develop by rule a standard by 74
112-which a state-financed constructor must conduct a SLIP study and 75
88+management districts. The thresh old must be established by July 51
89+1, 2023. 52
90+ (f)(d) "State-financed constructor" means a public entity 53
91+that commissions or manages a construction project using funds 54
92+appropriated from the state. 55
93+ (2) Beginning 1 year after the date the rule developed by 56
94+the department pursuant to subsection (3) is finalized and is 57
95+otherwise in effect, a state -financed constructor may not 58
96+commence construction of a potentially at-risk coastal structure 59
97+or infrastructure without: 60
98+ (a) Conducting a SLIP study that meets the requirements 61
99+established by the department; 62
100+ (b) Submitting the study to the department; and 63
101+ (c) Receiving notification from the department that the 64
102+study was received and that it has been publ ished on the 65
103+department's website pursuant to paragraph (6)(a) for at least 66
104+30 days. The state-financed constructor is solely responsible 67
105+for ensuring that the study submitted to the department for 68
106+publication meets the requirements under subsection (3). 69
107+ (3) The department shall develop by rule a standard by 70
108+which a state-financed constructor must conduct a SLIP study and 71
109+may require that a professional engineer sign off on the study. 72
110+The rule must be effective 1 year after the date it is finalized 73
111+and applies only to projects not yet commenced as of the date 74
112+the rule is finalized. The rule may not apply retroactively to 75
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121121 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
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125-may require that a professional e ngineer sign off on the study. 76
126-The rule must be effective 1 year after the date it is finalized 77
127-and applies only to projects not yet commenced as of the date 78
128-the rule is finalized. The rule may not apply retroactively to 79
129-projects that commenced before the date the rule is finalized. 80
130-At a minimum, the standard must require that a state -financed 81
131-constructor do all of the following: 82
132- (a) Use a systematic, interdisciplinary, and 83
133-scientifically accepted approach in the natural sciences and 84
134-construction design i n conducting the study. 85
135- (b) Assess the flooding, inundation, and wave action 86
136-damage risks relating to the potentially at-risk coastal 87
137-structure or infrastructure over its expected life or 50 years, 88
138-whichever is less. 89
139- 1. The assessment must take into ac count potential 90
140-relative local sea-level rise and increased storm risk during 91
141-the expected life of the potentially at-risk coastal structure 92
142-or infrastructure or 50 years, whichever is less, and, to the 93
143-extent possible, account for the contribution of sea -level rise 94
144-versus land subsidence to the relative local sea -level rise. 95
145- 2. The assessment must provide scientific and engineering 96
146-evidence of the risk to the potentially at-risk coastal 97
147-structure or infrastructure and methods used to mitigate, adapt 98
148-to, or reduce this risk. 99
149- 3. The assessment must use and consider available 100
125+projects that commenced before the date the rule is finalized. 76
126+At a minimum, the standard must require that a state -financed 77
127+constructor do all of the following: 78
128+ (a) Use a systematic, interdisciplinary, and 79
129+scientifically accepted approach in the natural sciences and 80
130+construction design in conducting the study. 81
131+ (b) Assess the flooding, inundation, and wave action 82
132+damage risks relating t o the potentially at-risk coastal 83
133+structure or infrastructure over its expected life or 50 years, 84
134+whichever is less. 85
135+ 1. The assessment must take into account potential 86
136+relative local sea-level rise and increased storm risk during 87
137+the expected life of the potentially at-risk coastal structure 88
138+or infrastructure or 50 years, whichever is less, and, to the 89
139+extent possible, account for the contribution of sea -level rise 90
140+versus land subsidence to the relative local sea -level rise. 91
141+ 2. The assessment must provi de scientific and engineering 92
142+evidence of the risk to the potentially at-risk coastal 93
143+structure or infrastructure and methods used to mitigate, adapt 94
144+to, or reduce this risk. 95
145+ 3. The assessment must use and consider available 96
146+scientific research and gener ally accepted industry practices. 97
147+ 4. The assessment must provide an estimated probability of 98
148+significant the mean average annual chance of substantial flood 99
149+damage to the potentially at -risk structure or infrastructure 100
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158158 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
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162-scientific research and generally accepted industry practices. 101
163- 4. The assessment must provide an estimated probability of 102
164-significant the mean average annual chance of substantial flood 103
165-damage to the potentially at -risk structure or infrastructure 104
166-over the expected life of the coastal structure or 105
167-infrastructure or 50 years, whichever is less. 106
168- 5. The assessment must analyze potential public safety and 107
169-environmental impacts resulting from damage to the potentially 108
170-at-risk coastal structure or infrastructure, including, but not 109
171-limited to, leakage of pollutants, electrocution and explosion 110
172-hazards, and hazards resulting from floating or flying 111
173-structural debris. 112
174- (c) Provide alternatives for the coastal structure's 113
175-design and siting of the potentially at -risk structure or 114
176-infrastructure, and how such alternatives would impact the risks 115
177-specified in subparagraph (b)5. as well as the risk and cost 116
178-associated with maintaining, repairing, and constructing the 117
179-potentially at-risk coastal structure or infrastructure. 118
180- (d) Provide a list of flood mitigation strategies 119
181-evaluated as part of the design of the potentially at-risk 120
182-structure or infrastructure, and identify appropriate flood 121
183-mitigation strategies for consideration as part of the 122
184-potentially at-risk structure or infrastructure design. 123
185- 124
186-If multiple potentially at-risk coastal structures or 125
162+over the expected life of the coastal structure or 101
163+infrastructure or 50 years, whichever is less. 102
164+ 5. The assessment must analyze potential public safety and 103
165+environmental impacts resulting from damage to the potentially 104
166+at-risk coastal structure or infrastructure, including, but not 105
167+limited to, leakage of pollutants, electrocution and explosion 106
168+hazards, and hazards resulting from floating or flying 107
169+structural debris. 108
170+ (c) Provide alternatives for the coastal structure's 109
171+design and siting of the potentially at -risk structure or 110
172+infrastructure, and how such alternatives would impact the risks 111
173+specified in subparagraph (b)5. as well as the risk and cost 112
174+associated with maintaining, repairing, and constructing the 113
175+potentially at-risk coastal structure or infrastructure. 114
176+ (d) Provide a list of flood mitigation strategies 115
177+evaluated as part of the design of the potentially at -risk 116
178+structure or infrastructure, and identify the flood mitigation 117
179+strategies that have been implemented or are being considered as 118
180+part of the potentially at -risk structure or infrastructure 119
181+design. 120
182+ 121
183+If multiple potentially at-risk coastal structures or 122
184+infrastructure are to be built concurrently within one project, 123
185+a state-financed constructor may conduct and submit one SLIP 124
186+study for the entire project for publication by the department. 125
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195195 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
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199-infrastructure are to be built concurrently within one project, 126
200-a state-financed constructor may conduct and submit one SLIP 127
201-study for the entire project for publication by the department. 128
202- (4) If a state-financed constructor commences construction 129
203-of a potentially at-risk coastal structure or infrastructure but 130
204-has not complied with the SLIP study requirement under 131
205-subsection (2), the department may institute a civil action in a 132
206-court of competent jurisdiction to: 133
207- (a) Seek injunctive relief to cease further c onstruction 134
208-of the potentially at-risk coastal structure or infrastructure 135
209-or to enforce compliance with this section or with rules adopted 136
210-by the department pursuant to this section. 137
211- (b) If the potentially at-risk coastal structure or 138
212-infrastructure has been completed or has been substantially 139
213-completed, seek recovery of all or a portion of state funds 140
214-expended on the potentially at-risk coastal structure or 141
215-infrastructure. 142
216- (5) This section does not may not be construed to create a 143
217-cause of action for damages or otherwise authorize the 144
218-imposition of penalties by a public entity for failure to 145
219-implement what is contained in the SLIP study. 146
220- (6) The department: 147
221- (a) Shall publish and maintain a copy of each SLIP study 148
222-all SLIP studies submitted pursuant to this section on its 149
223-website for at least 10 years after the date the department 150
199+ (4) If a state-financed constructor commences construction 126
200+of a potentially at-risk coastal structure or infrastructure but 127
201+has not complied with the SLIP study requirement under 128
202+subsection (2), the department may institute a civil action in a 129
203+court of competent jurisdiction to: 130
204+ (a) Seek injunctive relief to cease further construction 131
205+of the potentially at-risk coastal structure or infrastructure 132
206+or to enforce compliance with this section or with rules adopted 133
207+by the department pursuant to this section. 134
208+ (b) If the potentially at-risk coastal structure or 135
209+infrastructure has been completed or has been substantially 136
210+completed, seek recovery of all or a portion of state funds 137
211+expended on the potentially at-risk coastal structure or 138
212+infrastructure. 139
213+ (5) This section does not may not be construed to create a 140
214+cause of action for damages or otherwise authorize the 141
215+imposition of penalties by a public entity for failure to 142
216+implement what is contained in the SLIP study. 143
217+ (6) The department: 144
218+ (a) Shall publish and maintain a copy of each SLIP study 145
219+all SLIP studies submitted pursuant to this section on its 146
220+website for at least 10 years after the date the department 147
221+receives the study receipt. However, any portion of a study 148
222+containing information that is exempt from s. 119.07(1) and s. 149
223+24(a), Art. I of the State Constitution must be redacted by the 150
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232232 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
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236-receives the study receipt. However, any portion of a study 151
237-containing information that is exempt from s. 119.07(1) and s. 152
238-24(a), Art. I of the State Constitution must be r edacted by the 153
239-department before publication. 154
240- (b) Shall adopt rules as necessary to administer this 155
241-section. 156
242- (7) The department may enforce the requirements of this 157
243-section. 158
244- Section 2. This act shall take effect July 1, 2022. 159
236+department before publication. 151
237+ (b) Shall adopt rules as necessary to administer this 152
238+section. 153
239+ (7) The department may enforce the requirements of thi s 154
240+section. 155
241+ Section 2. This act shall take effect July 1, 2022. 156