THE BILL ITSELF
HB 751
Infrastructure and Resiliency
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A bill to be entitled
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An act relating to infrastructure and resiliency;
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amending s. 255.065, F.S.; revising the definition of
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the term "qualifying project"; creating s. 380.0934,
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F.S.; providing definitions; providing that the
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Department of Environmental Protection has the
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exclusive authority to execute coastal resiliency
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projects through public-private partnerships;
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authorizing the department to take certain actions to
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encourage investment from the private sector in
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coastal resiliency projects; requiring the department
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to publish certain information on its website;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (i) of subsection (1) of section
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255.065, Florida Statutes, is amended to read:
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255.065 Public-private partnerships.—
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(1) DEFINITIONS.—As used in this section, the term:
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(i) "Qualifying project" means:
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1. A facility or project that serves a public purpose,
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including, but not limited to, any ferry or mass transit
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facility, vehicle parking facility, airport or seaport facility,
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rail facility or project, fuel supply facility, oil or gas
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pipeline, medical or nursing care facility, recreational
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facility, sporting or cultural facility, or educational facility
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or other building or facility that is used or will be used by a
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public educational institution, or any other public facility or
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infrastructure that is used or will be used by the public at
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large or in support of an accepted public purpose or activity;
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2. An improvement, including equipment, of a building that
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will be principally used by a public entity or the public at
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large or that supports a service delivery system in the public
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sector;
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3. A water, wastewater, or surface water management
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facility or other related infrastructure;
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4. A coastal resiliency project as defined in s.
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380.0934(1); or
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5.4. Notwithstanding any provision of this section, for
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projects that involve a facility owned or operated by the
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governing board of a county, district, or municipal hospital or
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health care system, or projects that involve a facility owned or
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operated by a municipal electric utility, only those projects
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that the governing board designates as qualifying projects
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pursuant to this section.
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Section 2. Section 380.0934, Florida Statutes, is created
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to read:
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380.0934 Public-private partnerships for coastal
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resiliency projects.—
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(1) As used in this section, the term:
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(a) "Coastal resiliency project" means:
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1. Planning, contracting, and executing a project to
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address flooding and sea level rise in a coastal or inland
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community in this state under s. 380.093(5);
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2. Public infrastructure repair and upgrades to seawalls
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and stormwater drainage; and
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3. Resiliency measures designed to withstand extreme
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weather, mitigate flooding, and prevent coastal erosion,
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including:
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a. Acquisition of at-risk coastal and flood-prone
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properties;
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b. Acquisition of properties in areas at high risk of
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flooding;
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c. Infrastructure hardening and development of natural
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barriers;
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d. Construction of large-scale seawalls, levees, and
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elevated flood barriers; or
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e. Expansion and restoration of natural protective
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systems.
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(b) "Department" means the Department of Environmental
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Protection.
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(c) "Public-private partnership" means a coastal
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resiliency project entered into by the department under s.
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255.065.
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(2) The department has the exclusive authority to execute
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coastal resiliency projects through public-private partnerships
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under s. 255.065.
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(3) To encourage investment from the private sector in
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coastal resiliency projects, the department may:
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(a) Enter into long-term revenue-sharing agreements.
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(b) Provide expedited permitting for construction.
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(c) Seek comments from local governments and the public
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during project planning and execution and incorporate actions
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responsive to such comments into the project.
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(d) Engage in-state vocational schools and apprenticeship
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programs to train workers in specialized resiliency
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construction.
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(4) The department shall publish on its website biennial
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progress reports for each coastal resiliency project funded
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through a public-private partnership, including project
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milestones, expenditures, and public benefits. The department
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shall also create and maintain on its website an online
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dashboard for real-time updates on project execution.
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Section 3. This act shall take effect upon becoming a law.