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