23843781, 62S-7.010 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 23843781

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division:

Office of the Secretary

Chapter:

Public Financing of Coastal Construction “SLIP Study Rule”

Overview

RULE:

62S-7.010	Definitions
62S-7.011	Requirements of The State-Financed Constructor
62S-7.012	SLIP Study Standards
62S-7.013	Proposed Remedies for Noncompliance
62S-7.014	Implementation of SLIP Study findings
62S-7.015	Publishing and Maintenance of Submitted SLIP Studies
62S-7.016	Enforcement by DEP
62S-7.020	Effective Date

PURPOSE:

The rule requires a public entity that commissions or manages a construction project within the coastal building zone using funds appropriated from the state to conduct a sea-level impact projection (SLIP) study prior to commencing construction. The rule provides that this provision is effective one year after the Department of Environmental Protection’s (DEP) rule regarding SLIP studies is finalized. The required SLIP study must be conducted, submitted to the DEP, and published on the DEP’s website before construction can commence. The rule establishes standards for the SLIP studies, and the standards must include certain requirements for how the studies will be conducted and the information they must contain. The DEP must publish and maintain a copy of all SLIP studies on its website for 10 years after receipt. The bill requires the DEP to adopt rules as necessary to administer the section and authorizes the DEP to enforce the requirements of the section. The rule authorizes the DEP to bring a civil action to seek injunctive relief to cease construction, enforce the section or rules adopted pursuant thereto, or seek recovery of state funds expended on a coastal structure, if construction commences without complying with the section. The rule may not be construed to create a cause of action for damages or otherwise authorize the imposition of penalties by a public entity for failure to implement what is contained in the SLIP study.

SUBJECT:

The subject matters addressed by the rule include coastal management, coastal construction, sea level rise, flooding, risk, and expenditure of funds appropriated from the state.

RULEMAKING AUTHORITY:

161.551, F.S

LAW:

161.551, F.S.

PRINT PUBLISH DATE:

11/4/2020 Vol. 46/216

RELATED STATUTES
AND LAWS:

161.551, F.S, 161.551, F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=62S-7.010&PDate=11/4/2020&Section=1

REFERENCE MATERIALS:

No reference(s).

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