HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 111 Flooding and Sea Level Rise Vulnerability Studies
SPONSOR(S): Agriculture, Conservation & Resiliency Subcommittee, Hunschofsky
TIED BILLS: IDEN./SIM. BILLS: SB 1170
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Agriculture, Conservation & Resiliency 17 Y, 0 N, As CS Mamontoff Moore
Subcommittee
2) Agriculture & Natural Resources Appropriations 14 Y, 0 N Byrd Pigott
Subcommittee
3) Infrastructure Strategies Committee 22 Y, 0 N Mamontoff Harrington
SUMMARY ANALYSIS
Sea level rise is an observed increase in the average local sea level or global sea level trend. With 1,350 miles
of coastline and relatively low elevations, Florida is particularly vulnerable to coastal flooding, and analysts
estimate that Florida could lose more than $300 billion in property value by 2100 due to sea level rise and
flooding.
The Department of Environmental Protection (DEP) regulates coastal construction to protect Florida’s beaches
and dunes from imprudent construction that can jeopardize the stability of the beach-dune system, accelerate
erosion, provide inadequate protection to upland structures, endanger adjacent properties, or interfere with
public beach access. DEP also implements the Resilient Florida Grant Program, which provides grants to local
governments to fund community resilience planning and vulnerability assessments.
In 2020, the Legislature passed Senate Bill 178 (ch. 2020-119, Laws of Florida) which prohibited a public entity
from commencing construction of certain state-funded coastal structures unless the entity has conducted a sea
level impact projection (SLIP) study to assess risks to the structure. Chapter 2020-119, Laws of Florida,
directed DEP to adopt rules to develop a standard by which public entities must conduct the SLIP study and
specified requirements.
The bill expands the requirement for public entities to conduct a SLIP study before commencing construction of
certain state-financed coastal structures to apply the requirement to certain structures that are within any area
that is at risk due to sea level rise, not just areas within the coastal building zone. The structures subject to this
requirement are any “potentially at-risk structures or infrastructure,” which include certain critical assets or
historical or cultural assets that are within an area at risk due to sea level rise.
The bill expands the Resilient Florida Grant Program to provide funding to:
 Municipalities and counties for feasibility studies and permitting costs for nature-based solutions that
reduce the impact of flooding and sea level rise; and
 Water management districts to support local government adaptation planning.
The bill may have an indeterminate negative fiscal impact on state government, DEP, and local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Sea Level Rise and Coastal Flooding
Sea level rise (SLR), is an observed increase in the average local sea level or global sea level trend.1
The two major causes of SLR are thermal expansion caused by the warming of the oceans and the
loss of land-based ice due to melting.2 Since 1880, the average global SLR has risen approximately
eight to nine inches, and the rate of global SLR has been accelerating.3 The National Oceanic and
Atmospheric Administration (NOAA) utilizes tide gauges to measure changes in sea level and provides
data on local SLR trends.4 An analysis of this data shows that some low-lying areas in the southeastern
United States experience higher local rates of SLR than the global average. 5
With 1,350 miles of coastline and relatively low elevations, Florida is particularly vulnerable to coastal
flooding.6 Florida’s coastal communities are regularly experiencing high-tide flooding events because
SLR increases the height of high tides.7 Analysts estimate that Florida could lose more than $300
billion in property value by 2100 due to SLR and flooding. 8 As sea levels and groundwater levels rise
and extreme rainfall events occur, low areas drain more slowly, resulting in overwhelmed stormwater
infrastructure and an increased frequency and magnitude of coastal and lowland flood events. 9 Sunny-
day flooding, nuisance flooding, and king tide flooding are examples of these events.10
State, Regional, and Local Programs
There are many state, regional, and local programs and policies in place that address issues relating to
SLR and coastal flooding. The Office of Resilience and Coastal Protection within the Department of
Environmental Protection (DEP) implements numerous programs related to SLR and coastal issues,
including the Resilient Florida Program, the Florida Resilient Coastlines Program, the Coastal
Construction Control Line Program, and the Beach Management Funding Assistance Program. 11
Through the Resilient Florida Program and the Florida Resilient Coastlines Program, DEP provides
technical assistance and funding to communities at risk due to flooding and SLR for vulnerability
assessments and adaptation projects aimed at reducing such risks. 12
1 Florida Department of Environmental Protection (DEP), Florida Adaptation Planning Guidebook : Glossary [hereinafter
“DEP Guidebook”] (2018), available at https://floridadep.gov/sites/default/files/AdaptationPlanningGuidebook.pdf (last
visited Feb. 2, 2023).
2 National Aeronautics and Space Administration (NASA), Facts: Sea Level, available at https://climate.nasa.gov/vital-
signs/sea-level/ (last visited Feb. 2, 2023).
3 U.S. Global Change Research Program, Fourth National Climate Assessment [hereinafter “NCA4”] (2018), 757,
available at https://nca2018.globalchange.gov/downloads/NCA4_2018_FullReport.pdf (l ast visited Feb. 2, 2023).
4 NOAA, What is a Tide Gauge?, available at https://oceanservice.noaa.gov/ facts/tide-gauge.html (last visited Feb. 2,
2023); NOAA, Tides and Currents, Sea Level Trends, available at https://tidesandcurrents.noaa.gov/sltrends/ (last visited
Feb. 2, 2023).
5 NCA4 at 757.
6 Florida Division of Emergency Management, Enhanced State Hazard Mitigation Plan, State of Florida [hereinafter
“SHMP”] (2018), 107-108, 162, available at https://www.floridadisaster.org/globalassets/dem/mitigation/mitigate-fl--
shmp/shmp-2018-full_final_approved. 6.11.2018.pdf (last visited Feb. 2, 2023). This measurement of Florida’s coastline
increases to over 8,000 miles when considering the intricacies of Florida’s coastline, including bays, inlets, and
waterways.
7 SHMP at 108, 101; NOAA, High-Tide Flooding, available at https://toolkit.climate.gov/topics/coastal-flood-risk/shallow-
coastal-flooding-nuisance-flooding (last visited Feb. 2, 2023).
8 NCA4 at 758.
9 SHMP at 106; NCA4 at 763.
10 NOAA, High Tide Flooding, https://coast.noaa.gov/states/fast-facts/recurrent-tidal-flooding.html (last visited March 3,
2023).
11 DEP, Beaches: About Us, available at https://floridadep.gov/rcp/ beaches (last visited Feb. 2, 2023).
12 See s. 380.093, F.S.; DEP, Florida Resilient Coastlines Program, available at https://floridadep.gov/rcp/florida-resilient-
coastlines-program (last visited Feb. 2, 2023).
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 Regionally, many local communities have collaborated together to address impacts from flooding, SLR,
and climate change.13 For example, Broward, Miami-Dade, Monroe, and Palm Beach Counties formed
the Southeast Florida Regional Climate Change Compact (Compact). The Compact’s work has
included developing a Regional Climate Action Plan and developing a Unified Sea Level Rise
Projection.14 Many local governments in southeast Florida have since incorporated the Compact’s
projections into their planning documents.15
Florida’s local governments in coastal areas are required to have a coastal management element in
their comprehensive plans, known as a Peril of Flood Ordinance, that uses principles to reduce flood
risk and eliminate unsafe development in coastal areas. 16 In certain coastal areas, local governments
are authorized to establish an “adaptation action area” designation in their comprehensive plan to
develop policies and funding priorities that improve coastal resilience and plan for SLR. 17
Office of Resilience and Coastal Protection
In January 2019, the Governor issued Executive Order 19-12, creating the Office of Resilience and
Coastal Protection to help prepare Florida’s coastal communities and habitats for impacts from SLR by
providing funding, technical assistance, and coordination among state, regional, and local entities. 18 In
August 2019, the Governor appointed Florida’s first Chief Resilience Officer, who reports to the
Executive Office of the Governor and collaborates with state agencies, local communities, and
stakeholders to prepare for the impacts of SLR and climate change.19
Coastal Construction
DEP regulates coastal construction to protect Florida’s beaches and dunes from imprudent construction
that can jeopardize the stability of the beach-dune system, accelerate erosion, provide inadequate
protection to upland structures, endanger adjacent properties, or interfere with public beach access. 20
Coastal construction is defined as any work or activity likely to have a material physical effect on
existing coastal conditions or natural shore and inlet processes. 21 Florida’s coastal local governments
may also establish coastal construction zoning and building codes in lieu of the statutory requirements
as long as they are approved by DEP.22
The coastal construction control line (CCCL) defines the portion of the beach-dune system that is
subject to severe fluctuations caused by 100-year storm surge, storm waves, or other forces such as
wind, wave, or water level changes. A 100-year storm is a shore-incident hurricane or any other storm
with accompanying wind, wave, and storm surge intensity that has a one percent chance of being
equaled or exceeded in any given year.23 Seaward of the CCCL, new construction and improvements
13 Regional Climate Leadership Summit, Southeast Florida Regional Climate Change Compact (2010), available at
http://southeastfloridaclimatecompact.org/wp-content/uploads/2014/09/compact.pdf (last visited Jan. 21, 2022); SFRCCC,
What is the Compact?, available at http://southeastfloridaclimatecompact.org/about -us/what-is-the-compact/ (last visited
Jan. 21, 2022).
14 SFRCCC, Regional Climate Action Plan, available at http://southeastfloridaclimatecompact.org/regional -climate-action-
plan/ (last visited Feb. 2, 2023).
15 SFRCCC, ST-1: Incorporate Projections into Plans, available at
http://southeastfloridaclimatecompact.org/recommendations/incorporate-projections-into-plans/ (last visited Feb. 2, 2023).
16 Sections 380.24, 163.3177(6)(g), and 163.3178(2)(f), F.S.; see ch. 2015-69, Laws of Fla.
17 Sections 163.3177(6)(g)10. and 163.3164(1), F.S.; see ch. 2011-139, Laws of Fla.
18 Office of the Governor, Executive Order Number 19-12, 5 (2019), available at
https://www.flgov.com/wpcontent/uploads/2019/01/EO-19-12-.pdf (last visited Feb. 2, 2023).
19 Governor Ron DeSantis, News Releases: Governor Ron DeSantis Announces Dr. Julia Nesheiwat as Florida’s First
Chief Resilience Officer (Aug. 1, 2019), available at https://flgov.com/2019/08/01/governor -ron-desantis-announces-dr-
julia-nesheiwat-asfloridas-first-chief-resilience-officer/ (last visited Feb. 2, 2023).
20 Section 161.053(1)(a), F.S.
21 Section 161.021(6), F.S.
22 Section 161.053(3), F.S.
23 Section 161.053, F.S.; r. 62B-33.005(1), F.A.C.; DEP, The Homeowner’s Guide to the Coastal Construction Control
Line Program (2017), 3, available at
https://floridadep.gov/sites/default/files/ Homeowner%27s%20Guide% 20to% 20the%20CCCL%20P rogram% 206_2012% 20
%28002%29_0.pdf (last visited Feb. 15, 2023); Rule 62B-33.002(41), F.A.C.
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 to existing structures generally require a CCCL permit from DEP. 24 Due to the potential environmental
impacts and greater risk of hazards from wind and flood, the standards for construction seaward of the
CCCL are often more stringent than those that apply to the rest of the coastal building zone. 25 Permit
applicants must show that the proposed project will not result in a significant adverse impact.26 CCCLs
are set by DEP on a countywide basis and are currently established for the majority of Florida’s coast. 27
The “mean high-water line” is the point on the shore that marks the average height of the high waters
over a 19-year period.28 The mean high-water line is generally the boundary between the publicly
owned shore (the land alternately covered and uncovered by the tide) and the dry sand above the line,
which may be privately owned.29 Generally, construction is prohibited within 50 feet of the mean high-
water line, known as the 50-foot setback.30 Any structures below the mean high-water line that are
determined by DEP to serve no public purpose; to endanger human life, health, or welfare; or to be
undesirable or unnecessary must be adjusted, altered, or removed.31
Above the mean high-water line is the “seasonal high-water line,” which accounts for variations in the
local mean high water, such as spring tides that occur twice per month. 32 The seasonal high-water line
is used to create 30-year erosion projections of long-term shoreline recession based on historical
measurements.33 DEP makes 30-year erosion projections of the location of the seasonal high-water
line on a site-specific basis upon receipt of a CCCL permit application.34 With certain exceptions, DEP
and local governments may not issue CCCL permits for the construction of major structures that are
seaward of the 30-year erosion projection.35
The Coastal Zone and Protection Act
The Legislature enacted the Coastal Zone Protection Act of 1985 (act) to minimize the impacts that
activities or construction near the coast have on Florida’s coastal areas. 36 The act imposes strict
construction standards in Florida’s coastal areas to protect the natural environment, private property,
and life.37 The act applies to activities and construction within the coastal building zone, an area
stretching landward from the seasonal high-water line to a line 1,500 feet landward form the CCCL. 38
24 Section 161.053, F.S.; chs. 62B-33 and 62B-34, F.A.C.; DEP, The Homeowner’s Guide to the Coastal Construction
Control Line Program (2017), 3, available at
https://floridadep.gov/sites/default/files/ Homeowner%27s%20Guide% 20to% 20the%20CCCL%20P rogram% 206_2012% 20
%28002%29_0.pdf (last visited March 1, 2023); DEP, ASK - Have Questions about the Coastal Construction Control Line
(CCCL)?, available at https://floridadep.gov/water/coastal-construction-control-line/content/ask-have-questions-about-
coastal-construction (last visited March 1, 2023).
25 Chapter 62B-33, F.A.C.
26 Rule 62B-33.005, F.A.C
27 Section 161.053(2), F.S.; DEP Geospatial Open Data, Coastal Construction Control Lines (CCCL),
http://geodata.dep.state.fl.us/datasets/4674ee6d93894168933e99aa2f14b923_2?geometry= -102.41%2C25.011% 2C-
60.596%2C31.77 (last visited March 1, 2023).
28 Section 177.27(14) and (15), F.S.
29 Section 177.28, F.S.; ss. 161.052(1), 161.151(3), 161.161(3)-(5), and 161.191, F.S. Where an “erosion control line” is
established, it serves as the mean high-water line when it is landward of the existing mean high-water line, and all lands
seaward of a recorded erosion control line are deemed to be vested in the state.
30 Rule 62B-33.002(17), F.A.C.
31 Section 161.061, F.S.
32 Section 161.053(5)(a)2., F.S., defines “seasonal high-water line” to mean the line formed by the intersection of the
rising shore and the elevation of 150 percent of the local mean tidal range above local mean high water; NOAA, What Are
Spring and Neap Tides?, available at https://oceanservice.noaa.gov/facts/springtide.html (last visited March 1, 2023).
33 Rules 62B-33.024, F.A.C.
34 Id.
35 Section 161.053(5), F.S.; DEP, The Homeowner’s Guide to the Coastal Construction Control Line Program (2017), 6,
available at
https://floridadep.gov/sites/default/files/ Homeowner%27s%20Guide% 20to% 20the%20CCCL%20P rogram% 206_2012% 20
%28002% 29_0.pdf (last visited March 12, 2023).
36 Sections 161.52-161.58, F.S.
37 Section 161.53(1), (4), and (5), F.S.
38 Section 161.54(1), F.S.; s. 161.55(4), F.S. On coastal barrier islands, the coastal building zone stretches 5,000 feet
landward from the CCCL.
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 The act generally requires construction to be located a sufficient distance landward of the beach to
allow natural shoreline fluctuations and preserve dune stability.39 Nonhabitable major structures 40 and
minor structures 41 must be designed to produce the minimum adverse impact on the beach and dune
system.42 Minor structures must be designed to produce the minimum adverse impact to adjacent
properties and reduce the potential for water- or wind-blown material.43
At or prior to the time that a contract is executed for the sale of real property located partially or totally
seaward of the CCCL, the seller must give