Florida Senate - 2021 SB 1550 By Senator Rodriguez 39-01542-21 20211550__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to public financing of potentially at-2 risk structures; amending s. 161.551, F.S.; providing 3 and revising

definitions; providing that coastal 4 building zones are areas at risk due to sea level rise 5 and coastal structures within those areas are 6 potentially at-risk structures; requiring state-7 financed constructors to include certain flood 8 mitigation strategies in sea level impact projection 9 studies; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13

Section

Section 161.551, Florida Statutes, as created by 14

chapter 2020-119, Laws of Florida, is amended to read: 15 161.551 Public financing of construction projects within 16 areas at risk due to sea level rise the coastal building zone.— 17

(1) As used in this section, the term: 18 (a) “Area at risk due to sea level rise” means an inland or 19 coastal area where sea level rise can substantially increase 20 flood risk, including tidal, storm surge, and groundwater 21 inundation. 22 (b)(a) “Potentially at-risk Coastal structure” means a 23 major structure or nonhabitable major structure within an area 24 at risk due to sea level rise the coastal building zone. 25 (c)(b) “Public entity” means the state or any of its 26 political subdivisions, or any municipality, county, agency, 27 special district, authority, or other public body corporate of 28 the state which is demonstrated to perform a public function or 29

Florida Senate - 2021 SB 1550 39-01542-21 20211550__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. to serve a governmental purpose that could properly be performed 30 or served by an appropriate governmental unit. 31 (d)(c) “SLIP study” means a sea level impact projection 32 study as established by the department pursuant to subsection 33 (3). 34 (e)(d) “State-financed constructor” means a public entity 35 that commissions or manages a construction project using funds 36 appropriated from the state. 37 (f)(e) “Substantial flood damage” means flood, inundation, 38 or wave action, if applicable, damage resulting from a single 39 event, such as a flood or tropical weather system, where such 40 damage exceeds 25 percent of the market value of the potentially 41 at-risk coastal structure at the time of the event. 42

(2) Beginning 1 year after the date the rule developed by 43 the department pursuant to subsection (3) is finalized and is 44 otherwise in effect, a state-financed constructor may not 45 commence construction of a potentially at-risk coastal structure 46 without: 47 (

a) Conducting a SLIP study that meets the requirements 48 established by the department; 49 (

b) Submitting the study to the department; and 50 (

c) Receiving notification from the department that the 51 study was received and that it has been published on the 52 department’s website pursuant to paragraph (6)(

a) for at least 53 30 days. The state-financed constructor is solely responsible 54 for ensuring that the study submitted to the department for 55 publication meets the requirements under subsection (3). 56

(3) The department shall develop by rule a standard by 57 which a state-financed constructor must conduct a SLIP study and 58

Florida Senate - 2021 SB 1550 39-01542-21 20211550__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. may require that a professional engineer sign off on the study. 59 The rule must be effective 1 year after the date it is finalized 60 and applies only to projects not yet commenced as of the date 61 the rule is finalized. The rule may not apply retroactively to 62 projects that commenced before the date the rule is finalized. 63 At a minimum, the standard must require that a state-financed 64 constructor do all of the following: 65 (

a) Use a systematic, interdisciplinary, and scientifically 66 accepted approach in the natural sciences and construction 67 design in conducting the study. 68 (

b) Assess the flooding, inundation, and wave action, if 69 applicable, damage risks relating to the potentially at-risk 70 coastal structure over its expected life or 50 years, whichever 71 is less. 72 1. The assessment must take into account potential relative 73 local sea-level rise and increased storm risk during the 74 expected life of the potentially at-risk coastal structure or 50 75 years, whichever is less, and, to the extent possible, account 76 for the contribution of sea-level rise versus land subsidence to 77 the relative local sea-level rise. 78 2.

The assessment must provide scientific and engineering 79 evidence of the risk to the potentially at-risk coastal 80 structure and methods used to mitigate, adapt to, or reduce this 81 risk. 82 3. The assessment must use and consider available 83 scientific research and generally accepted industry practices. 84 4. The assessment must provide the mean average annual 85 chance of substantial flood damage over the expected life of the 86 potentially at-risk coastal structure or 50 years, whichever is 87

Florida Senate - 2021 SB 1550 39-01542-21 20211550__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. less. 88 5. The assessment must analyze potential public safety and 89 environmental impacts resulting from damage to the potentially 90 at-risk coastal structure, including, but not limited to, 91 leakage of pollutants, electrocution and explosion hazards, and 92 hazards resulting from floating or flying structural debris. 93 (

c) Provide alternatives for the potentially at-risk 94 coastal structure’s design and siting, and how such alternatives 95 would impact the risks specified in subparagraph (b)5. as well 96 as the risk and cost associated with maintaining, repairing, and 97 constructing the potentially at-risk coastal structure. 98 (

d) Provide a list of flood mitigation strategies evaluated 99 as part of the design of the potentially at-risk structures, and 100 identify the flood mitigation strategies that have been 101 implemented or are being considered as part of the potentially 102 at-risk structure design. 103 104 If multiple potentially at-risk coastal structures are to be 105 built concurrently within one project, a state-financed 106 constructor may conduct and submit one SLIP study for the entire 107 project for publication by the department. 108

(4) If a state-financed constructor commences construction 109 of a potentially at-risk coastal structure but has not complied 110 with the SLIP study requirement under subsection (2), the 111 department may institute a civil action in a court of competent 112 jurisdiction to: 113 (

a) Seek injunctive relief to cease further construction of 114 the potentially at-risk coastal structure or enforce compliance 115 with this

section or with rules adopted by the department 116

Florida Senate - 2021 SB 1550 39-01542-21 20211550__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. pursuant to this section. 117 (

b) If the potentially at-risk coastal structure has been 118 completed or has been substantially completed, seek recovery of 119 all or a portion of state funds expended on the potentially at-120 risk coastal structure. 121

(5) This

section may not be construed to create a cause of 122 action for damages or otherwise authorize the imposition of 123 penalties by a public entity for failure to implement what is 124 contained in the SLIP study. 125

(6) The department: 126 (

a) Shall publish and maintain a copy of all SLIP studies 127 submitted pursuant to this

section on its website for at least 128 10 years after receipt. However, any portion of a study 129 containing information that is exempt from s. 119.07(1) and s. 130 24(a), Art. I of the State Constitution must be redacted by the 131 department before publication. 132 (

b) Shall adopt rules as necessary to administer this 133 section. 134

(7) The department may enforce the requirements of this 135 section. 136

Section 2. This act shall take effect July 1, 2021. 137