SB 78 — Public Financing of Construction Projects

Florida Senate - 2019 CS for SB 78 By Senatorthe RodriguezCommittee 37-00318A-19on 201978__Environment Aand billNatural toResources; be entitled An act relating to public financing of construction projects;

and Senator Rodriguez 592-02964-19 201978c1 A bill to be entitled An act relating to public financing of construction projects;

prohibiting state-financed constructors from commencing construction of certain structures in coastal areas without first conducting a sea level impact projection studystudy; and having such study published and approved by the Department of Environmental Protection;

requiring the departmentDepartment of Environmental Protection to develop by rule standardsa standard for such studies;

1715 Be It Enacted by the Legislature of the State of Florida:

1917 Section 1. Section 161.551, Florida Statutes, is created to read:

(b) “SLIP(b) “Public study”entity” means athe seastate levelor impactany projectionof studyits aspolitical establishedsubdivisions, byor any municipality, county, agency, special district, authority, or other public body corporate of the departmentstate pursuantwhich is demonstrated to subsectionperform (3).a public function or to serve a governmental purpose that could properly be performed or served by an appropriate governmental unit.

(c) “State-financed(c) “SLIP constructor”study” means a person,sea municipality,level county,impact orprojection otherstudy publicas agencyestablished engagingby inthe adepartment constructionpursuant projectto usingsubsection funds(3). appropriated from the state.

(d) “Substantial(d) “State-financed floodconstructor” damage” means flood, inundation, or wave action damage resulting from a singlepublic event,entity suchthat ascommissions a flood or tropicalmanages weathera system,construction whereproject suchusing damagefunds exceedsappropriated 25from percent of the marketstate. value of the coastal structure at the time of the event.

(e) “Substantial flood damage” means flood, inundation, or wave action damage resulting from a single event, such as a flood or tropical weather system, where such damage exceeds 25 percent of the market value of the coastal structure at the time of the event.

and (c) Receiving department notification from the department that the study:study was received and that it has been published on the department’s website pursuant to paragraph (5)(a) for at least 30 days.

1. WasThe approvedstate-financed byconstructor is solely responsible for ensuring that the study submitted to the department asfor properlypublication conducted;meets the requirements under subsection (3).

and(3) The 2. Hasdepartment beenshall publisheddevelop onby therule department’sa websitestandard pursuantby towhich paragrapha (5)(a)state-financed forconstructor atmust leastconduct 30a days.SLIP study and may require that a professional engineer sign off on the study.

(3) TheAt departmenta shallminimum, developthis bystandard rulemust require that a standardstate-financed forconstructor conductingdo aall SLIPof study.the following:

At(a) Use minimum,a thissystematic, standardinterdisciplinary, mustand requirescientifically thataccepted aapproach state-financedin constructorthe donatural allsciences ofand construction design in conducting the following:study.

(a) Utilize a systematic, interdisciplinary, and scientifically accepted approach in the natural sciences and construction design in conducting the study.

7884 If multiple coastal structures are to be built concurrently within one project, a state-financed constructor may conduct and submit one SLIP study for the entire project for approval and publication by the department.

(4) If a state-financed constructor commences construction of a coastal structure but has not receivedcomplied approvalwith from the departmentSLIP tostudy commencerequirement suchunder constructionsubsection pursuant(2), to paragraph (2)(c), the department may institute a civil action in a court of competent jurisdiction to:

(a) Seek injunctive relief to cease further construction of the coastal structure.structure or enforce compliance with this section or with rules adopted by the department pursuant to this section.

(b) Enforce(b) If compliancethe withcoastal thisstructure sectionhas been completed or ruleshas adoptedbeen pursuantsubstantially tocompleted, thisseek section.recovery of all or a portion of state funds expended on the coastal structure.

(c) If(5) This thesection coastalmay structurenot hasbe beenconstrued completedto orcreate substantially completed, seek recovery of all or a portioncause of stateaction fundsfor expendeddamages. on the coastal structure.

(5) The(6) The departmentdepartment: shall:

(a) Publish(a) Shall publish and maintain a copy of all SLIP studies submitted pursuant to this section on its website for at least 10 years after receipt.

(b) Enforce(b) Shall theadopt requirementsrules ofas necessary to administer this section.

(c) Adopt(7) The rulesdepartment asmay necessaryenforce tothe administerrequirements of this section.