28176189, 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: 28176189

Notice of Proposed Rule

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-7.014	Implementation of SLIP Study findings
62S-7.020	Effective Date

PURPOSE:

The Department of Environmental Protection amends this rule chapter to implement Section 380.0937, F.S., which modifies the Sea Level Impact Projection (SLIP) study requirements for state-financed construction projects located within areas at risk due to sea level rise, expanding both the geographic area and types of structures to which this requirement applies, as required by Section 380.0937(3), F.S. The Department has also defined a threshold for potentially at-risk structures or infrastructure located in areas at risk due to sea level rise for which replacement cost is not an appropriate metric, as required by Section 380.0937(1)(e)2., F.S. Beginning July 1, 2024, a state-financed constructor may not commence construction of a potentially at-risk structure or infrastructure located within an area at risk due to sea level rise without conducting a SLIP study that meets the requirements established by the Department. These rule amendments will apply only to construction not commenced as of July 1, 2024. The rule amendments will not apply retroactively to projects that commenced before the date the amended rules become effective; however, projects initiated prior to July 1, 2024, will remain subject to the SLIP study requirements and standards established by Section 161.551, F.S.

SUMMARY:

Provides additional definitions and expands both the geographical area and types of structures that the SLIP study requirement applies to, consistent with new Section 380.0937, F.S. Modifies the standard by which a state-financed constructor must conduct a SLIP study and establishes a “significant flood damage” threshold for potentially at-risk structures or infrastructure for which replacement cost is not an appropriate metric. Adds a requirement that state-financed constructors assess the risk of flooding, inundation, and wave action damage to potentially at-risk structures or infrastructure and provide a list of food mitigation strategies for consideration as part of the structure or infrastructure’s design.

RULEMAKING AUTHORITY:

380.0937(3), F.S.

LAW:

380.0937, F.S.

PRINT PUBLISH DATE:

3/21/2024 Vol. 50/57

COMMENTS:

From 3/21/2024 To 4/11/2024 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-13156 FEMA Flood Map Service Center

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