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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; transferring, 3
renumbering, and amending s. 161.551, F.S.; providing 4
and revising definitions; providing that certain areas 5
are at risk due to sea level rise and structures and 6
infrastructure within those areas are potentially at 7
risk; conforming provisions to changes made by the 8
act; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Section 161.551, Florida Statutes, is 13
transferred, renumbered as section 380.0937, Florida Statutes, 14
and amended to read: 15
380.0937 161.551 Public financing of construction projects 16
within areas at risk due to sea level rise the coastal building 17
zone.— 18
(1) As used in this section, the term: 19
(a) "Area at risk due to sea level rise" means any 20
location that is projected to be below the threshold for tidal 21
flooding within the next 50 years b y adding sea level rise using 22
the 2017 National Oceanic and Atmospheric Administration 23
intermediate-high sea level rise projection. For purposes of 24
this paragraph, the threshold for tidal flooding is 2 feet above 25
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mean higher high water. 26
(b) "Department" means the Department of Environmental 27
Protection. 28
(c)(a) "Potentially at-risk Coastal structure or 29
infrastructure" means any of the following when within an area 30
at risk due to sea level rise: 31
1. A critical asset as defined in s. 380.093(2)(a)1. -3. 32
2. A historical or cultural asset a major structure or 33
nonhabitable major structure within the coastal building zone . 34
(d)(b) "Public entity" means the state or any of its 35
political subdivisions, or any municipality, county, agency, 36
special district, autho rity, or other public body corporate of 37
the state which is demonstrated to perform a public function or 38
to serve a governmental purpose that could properly be performed 39
or served by an appropriate governmental unit. 40
(f)(c) "SLIP study" means a sea level impact projection 41
study as established by the department pursuant to subsection 42
(3). 43
(e)(e) "Significant Substantial flood damage" means flood, 44
erosion, inundation, or wave action damage resulting from a 45
discrete or compound natural hazard single event, such as a 46
flood or tropical weather system, where such damage exceeds : 47
1. Twenty-five 25 percent of the replacement cost market 48
value of the potentially at-risk coastal structure or 49
infrastructure at the time of the event ; or 50
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2. A defined threshold established by the department by 51
rule, in coordination with the Department of Transportation and 52
water management districts, for a potentially at -risk structure 53
or infrastructure where replacement cost is not an appropriate 54
metric, such as roadways. The th reshold must be established by 55
July 1, 2024. 56
(g)(d) "State-financed constructor" means a public entity 57
that commissions or manages a construction project using funds 58
appropriated from the state. 59
(2) Beginning July 1, 2024 1 year after the date the rule 60
developed by the department pursuant to subsection (3) is 61
finalized and is otherwise in effect , a state-financed 62
constructor may not commence construction of a potentially at-63
risk coastal structure or infrastructure without: 64
(a) Conducting a SLIP study that meets the requirements 65
established by the department; 66
(b) Submitting the study to the department; and 67
(c) Receiving notification from the department that the 68
study was received and that it has been published on the 69
department's website pursuant to paragraph (6)(a) for at least 70
30 days. The state-financed constructor is solely responsible 71
for ensuring that the study submitted to the department for 72
publication meets the requirements under subsection (3). 73
(3) The department shall develop by rule a s tandard by 74
which a state-financed constructor must conduct a SLIP study and 75
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may require that a professional engineer sign off on the study. 76
The rule must be effective 1 year after the date it is finalized 77
and applies only to projects not yet commenced as o f the date 78
the rule is finalized. The rule may not apply retroactively to 79
projects that commenced before the date the rule is finalized. 80
At a minimum, the standard must require that a state -financed 81
constructor do all of the following: 82
(a) Use a systematic, interdisciplinary, and 83
scientifically accepted approach in the natural sciences and 84
construction design in conducting the study. 85
(b) Assess the flooding, inundation, and wave action 86
damage risks relating to the potentially at-risk coastal 87
structure or infrastructure over its expected life or 50 years, 88
whichever is less. 89
1. The assessment must take into account potential 90
relative local sea-level rise and increased storm risk during 91
the expected life of the potentially at-risk coastal structure 92
or infrastructure or 50 years, whichever is less, and, to the 93
extent possible, account for the contribution of sea -level rise 94
versus land subsidence to the relative local sea -level rise. 95
2. The assessment must provide scientific and engineering 96
evidence of the risk to the potentially at-risk coastal 97
structure or infrastructure and methods used to mitigate, adapt 98
to, or reduce this risk. 99
3. The assessment must use and consider available 100
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scientific research and generally accepted industry practices. 101
4. The assessment must provide an estimated probability of 102
significant the mean average annual chance of substantial flood 103
damage to the potentially at -risk structure or infrastructure 104
over the expected life of the coastal structure or 105
infrastructure or 50 years, whichever is less. 106
5. The assessment must analyze potential public safety and 107
environmental impacts resulting from damage to the potentially 108
at-risk coastal structure or infrastructure, including, but not 109
limited to, leakage of pollutants, electrocution and explosion 110
hazards, and hazards resulting from floating or flying 111
structural debris. 112
(c) Provide alternatives for the coastal structure's 113
design and siting of the potentially at -risk structure or 114
infrastructure, and how such alternatives would impact the risks 115
specified in subparagraph (b)5. as well as the risk and cost 116
associated with maintaining, repairing, and constructing the 117
potentially at-risk coastal structure or infrastructure. 118
(d) Provide a list of flood mitigation strategies 119
evaluated as part of the design of the potentially at -risk 120
structure or infrastructure, and identify appropriate flood 121
mitigation strategies for consideration as part of the 122
potentially at-risk structure or infrastructure design. 123
124
If multiple potentially at-risk coastal structures or 125
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infrastructure are to be built concurrently within one project, 126
a state-financed constructor may conduct and submit one SLIP 127
study for the entire project for publication by the department. 128
(4) If a state-financed constructor commences const ruction 129
of a potentially at-risk coastal structure or infrastructure but 130
has not complied with the SLIP study requirement under 131
subsection (2), the department may institute a civil action in a 132
court of competent jurisdiction to: 133
(a) Seek injunctive relie f to cease further construction 134
of the potentially at-risk coastal structure or infrastructure 135
or to enforce compliance with this section or with rules adopted 136
by the department pursuant to this section. 137
(b) If the potentially at-risk coastal structure or 138
infrastructure has been completed or has been substantially 139
completed, seek recovery of all or a portion of state funds 140
expended on the potentially at-risk coastal structure or 141
infrastructure. 142
(5) This section does not may not be construed to create a 143
cause of action for damages or otherwise authorize the 144
imposition of penalties by a public entity for failure to 145
implement what is contained in the SLIP study. 146
(6) The department: 147
(a) Shall publish and maintain a copy of each SLIP study 148
all SLIP studies submitted pursuant to this section on its 149
website for at least 10 years after the date the department 150
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receives the study receipt. However, any portion of a study 151
containing information that is exempt from s. 119.07(1) and s. 152
24(a), Art. I of the State Co nstitution must be redacted by the 153
department before publication. 154
(b) Shall adopt rules as necessary to administer this 155
section. 156
(7) The department may enforce the requirements of this 157
section. 158
Section 2. This act shall take effect July 1, 2023. 159