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 ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Office of the Secretary

RULE NOS.:RULE TITLES:

62S-7.010Definitions

62S-7.011Requirements of The State-Financed Constructor

62S-7.012SLIP Study Standards

62S-7.014Implementation of SLIP Study findings

62S-7.020Effective Date

PURPOSE AND EFFECT: 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 s. 380.0937(3), F.S. The Department will also define 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 s. 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, remain subject to the SLIP study requirements and standards established by Section 161.551, F.S.

SUBJECT AREA TO BE ADDRESSED: The subject matters addressed by the rule include requirements and standards by which a state-financed constructor must conduct a SLIP study.

RULEMAKING AUTHORITY: 380.0937(3), F.S.

LAW IMPLEMENTED: 380.0937, F.S.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 13, 2023, beginning at 1:30 p.m. EST.

PLACE: Marjory Stoneman Douglas Building, Room 137A, 3900 Commonwealth Blvd., Tallahassee, Florida 32399. The public may attend this workshop in person or via webinar. A link to attend this workshop via webinar will be available on the date of the workshop on the Department’s website prior to the webinar date, at: https://floridadep.gov/rcp/resilient-florida-program/content/resilient-florida-program-rulemaking. Due to technical limitations, virtual participation is limited to 500 participants.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Stephanie Link, Department of Environmental Protection, 2600 Blair Stone Road, MS #235, Tallahassee, Florida 32399, [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Stephanie Link, Department of Environmental Protection, 2600 Blair Stone Road, MS #235, Tallahassee, Florida 32399, [phone] or [e-mail]. Both the preliminary text of the proposed rule development and the workshop agenda will be available from this contact person beginning on November 29, 2023.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.