Bill Text: FL S1550 | 2021 | Regular Session | Introduced
Bill Title: Public Financing of Potentially At-risk Structures
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-04-30 - Died in Community Affairs [S1550 Detail]
Download: Florida-2021-S1550-Introduced.html
Florida Senate - 2021 SB 1550
By Senator Rodriguez
39-01542-21 20211550__
1 A bill to be entitled
2 An act relating to public financing of potentially at
3 risk structures; amending s. 161.551, F.S.; providing
4 and revising definitions; providing that coastal
5 building zones are areas at risk due to sea level rise
6 and coastal structures within those areas are
7 potentially at-risk structures; requiring state
8 financed constructors to include certain flood
9 mitigation strategies in sea level impact projection
10 studies; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 161.551, Florida Statutes, as created by
15 chapter 2020-119, Laws of Florida, is amended to read:
16 161.551 Public financing of construction projects within
17 areas at risk due to sea level rise the coastal building zone.—
18 (1) As used in this section, the term:
19 (a) “Area at risk due to sea level rise” means an inland or
20 coastal area where sea level rise can substantially increase
21 flood risk, including tidal, storm surge, and groundwater
22 inundation.
23 (b)(a) “Potentially at-risk Coastal structure” means a
24 major structure or nonhabitable major structure within an area
25 at risk due to sea level rise the coastal building zone.
26 (c)(b) “Public entity” means the state or any of its
27 political subdivisions, or any municipality, county, agency,
28 special district, authority, or other public body corporate of
29 the state which is demonstrated to perform a public function or
30 to serve a governmental purpose that could properly be performed
31 or served by an appropriate governmental unit.
32 (d)(c) “SLIP study” means a sea level impact projection
33 study as established by the department pursuant to subsection
34 (3).
35 (e)(d) “State-financed constructor” means a public entity
36 that commissions or manages a construction project using funds
37 appropriated from the state.
38 (f)(e) “Substantial flood damage” means flood, inundation,
39 or wave action, if applicable, damage resulting from a single
40 event, such as a flood or tropical weather system, where such
41 damage exceeds 25 percent of the market value of the potentially
42 at-risk coastal structure at the time of the event.
43 (2) Beginning 1 year after the date the rule developed by
44 the department pursuant to subsection (3) is finalized and is
45 otherwise in effect, a state-financed constructor may not
46 commence construction of a potentially at-risk coastal structure
47 without:
48 (a) Conducting a SLIP study that meets the requirements
49 established by the department;
50 (b) Submitting the study to the department; and
51 (c) Receiving notification from the department that the
52 study was received and that it has been published on the
53 department’s website pursuant to paragraph (6)(a) for at least
54 30 days. The state-financed constructor is solely responsible
55 for ensuring that the study submitted to the department for
56 publication meets the requirements under subsection (3).
57 (3) The department shall develop by rule a standard by
58 which a state-financed constructor must conduct a SLIP study and
59 may require that a professional engineer sign off on the study.
60 The rule must be effective 1 year after the date it is finalized
61 and applies only to projects not yet commenced as of the date
62 the rule is finalized. The rule may not apply retroactively to
63 projects that commenced before the date the rule is finalized.
64 At a minimum, the standard must require that a state-financed
65 constructor do all of the following:
66 (a) Use a systematic, interdisciplinary, and scientifically
67 accepted approach in the natural sciences and construction
68 design in conducting the study.
69 (b) Assess the flooding, inundation, and wave action, if
70 applicable, damage risks relating to the potentially at-risk
71 coastal structure over its expected life or 50 years, whichever
72 is less.
73 1. The assessment must take into account potential relative
74 local sea-level rise and increased storm risk during the
75 expected life of the potentially at-risk coastal structure or 50
76 years, whichever is less, and, to the extent possible, account
77 for the contribution of sea-level rise versus land subsidence to
78 the relative local sea-level rise.
79 2. The assessment must provide scientific and engineering
80 evidence of the risk to the potentially at-risk coastal
81 structure and methods used to mitigate, adapt to, or reduce this
82 risk.
83 3. The assessment must use and consider available
84 scientific research and generally accepted industry practices.
85 4. The assessment must provide the mean average annual
86 chance of substantial flood damage over the expected life of the
87 potentially at-risk coastal structure or 50 years, whichever is
88 less.
89 5. The assessment must analyze potential public safety and
90 environmental impacts resulting from damage to the potentially
91 at-risk coastal structure, including, but not limited to,
92 leakage of pollutants, electrocution and explosion hazards, and
93 hazards resulting from floating or flying structural debris.
94 (c) Provide alternatives for the potentially at-risk
95 coastal structure’s design and siting, and how such alternatives
96 would impact the risks specified in subparagraph (b)5. as well
97 as the risk and cost associated with maintaining, repairing, and
98 constructing the potentially at-risk coastal structure.
99 (d) Provide a list of flood mitigation strategies evaluated
100 as part of the design of the potentially at-risk structures, and
101 identify the flood mitigation strategies that have been
102 implemented or are being considered as part of the potentially
103 at-risk structure design.
104
105 If multiple potentially at-risk coastal structures are to be
106 built concurrently within one project, a state-financed
107 constructor may conduct and submit one SLIP study for the entire
108 project for publication by the department.
109 (4) If a state-financed constructor commences construction
110 of a potentially at-risk coastal structure but has not complied
111 with the SLIP study requirement under subsection (2), the
112 department may institute a civil action in a court of competent
113 jurisdiction to:
114 (a) Seek injunctive relief to cease further construction of
115 the potentially at-risk coastal structure or enforce compliance
116 with this section or with rules adopted by the department
117 pursuant to this section.
118 (b) If the potentially at-risk coastal structure has been
119 completed or has been substantially completed, seek recovery of
120 all or a portion of state funds expended on the potentially at
121 risk coastal structure.
122 (5) This section may not be construed to create a cause of
123 action for damages or otherwise authorize the imposition of
124 penalties by a public entity for failure to implement what is
125 contained in the SLIP study.
126 (6) The department:
127 (a) Shall publish and maintain a copy of all SLIP studies
128 submitted pursuant to this section on its website for at least
129 10 years after receipt. However, any portion of a study
130 containing information that is exempt from s. 119.07(1) and s.
131 24(a), Art. I of the State Constitution must be redacted by the
132 department before publication.
133 (b) Shall adopt rules as necessary to administer this
134 section.
135 (7) The department may enforce the requirements of this
136 section.
137 Section 2. This act shall take effect July 1, 2021.
