Emerging Legal and Institutional Responses to Sea-Level Rise in Florida and Beyond
David L. Markell – The legal environment for local government in Florida (the “State”) is beginning to change when it comes to sea-level rise (“SLR”). Innovations in institutional structure and governance strategies are underway in the State as well. This Article reviews three recent developments, which relate primarily to comprehensive planning in the State, and explores their implications for Florida’s local governments, among others. It begins, in Part II, with the State’s decision, in 2011 legislation, to give local governments a new, optional tool—referred to as “Adaptation Action Areas” (“AAAs”)—to address sea-level rise and related issues in local comprehensive plans. Part III turns to a second piece of Florida legislation, the State’s 2015 “Peril of Flood” legislation, which mandates that local governments begin to address sea-level rise and other causes of flood-related risks through their comprehensive planning processes. Part IV discusses a third initiative, the Southeast Florida Regional Climate Change […]