THE BILL ITSELF
CS/HB 1035
Nature-based Coastal Resiliency
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A bill to be entitled
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An act relating to nature-based coastal resiliency;
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amending s. 258.397, F.S.; authorizing certain
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dredging and filling of submerged lands and placement
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of certain shorelines and seawalls within the Biscayne
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Bay Aquatic Preserve; amending s. 258.42, F.S.;
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authorizing the erection of certain structures within
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aquatic preserves; creating s. 380.0938, F.S.;
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requiring the Department of Environmental Protection,
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by a specified date, to develop guidelines and
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standards for nature-based methods to address coastal
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resiliency; requiring the department and local
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governments to promote nature-based solutions for
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coastal resiliency; 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. Paragraphs (b) and (e) of subsection (3) of
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section 258.397, Florida Statutes, are amended to read:
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258.397 Biscayne Bay Aquatic Preserve.—
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(3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the
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Internal Improvement Trust Fund is authorized and directed to
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maintain the aquatic preserve hereby created pursuant and
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subject to the following provisions:
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(b) No further dredging or filling of submerged lands of
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the preserve shall be approved or tolerated by the board of
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trustees except:
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1. Such minimum dredging and spoiling as may be authorized
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for public navigation projects or for such minimum dredging and
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spoiling as may be constituted as a public necessity or for
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preservation of the bay according to the expressed intent of
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this section.
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2. Such other alteration of physical conditions, including
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the placement of riprap, as may be necessary to enhance the
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quality and utility of the preserve.
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3. Such minimum dredging and filling as may be authorized
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for the creation and maintenance of marinas, piers, and docks
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and their attendant navigation channels and access roads. Such
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projects may only be authorized upon a specific finding by the
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board of trustees that there is assurance that the project will
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be constructed and operated in a manner that will not adversely
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affect the water quality and utility of the preserve. This
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subparagraph shall not authorize the connection of upland canals
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to the waters of the preserve.
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4. Such dredging as is necessary for the purpose of
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eliminating conditions hazardous to the public health or for the
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purpose of eliminating stagnant waters, islands, and spoil
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banks, the dredging of which would enhance the aesthetic and
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environmental quality and utility of the preserve and be clearly
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in the public interest as determined by the board of trustees.
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5. Such minimum dredging and filling as may be authorized
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for the restoration and enhancement of natural systems,
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including the management of substrate for vegetation planting
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and restoration for mangroves, salt marshes, seagrasses, and
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oyster reefs, to enhance the quality and utility of the preserve
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and coastal resiliency.
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Any dredging or filling under this subsection or improvements
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under subsection (5) shall be approved only after public notice
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as provided by s. 253.115.
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(e) Notwithstanding other provisions of this section, the
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board of trustees may, respecting lands lying within Biscayne
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Bay:
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1. Enter into agreements for and establish lines
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delineating sovereignty and privately owned lands.
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2. Enter into agreements for the exchange of, and
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exchange, sovereignty lands for privately owned lands.
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3. Accept gifts of land within or contiguous to the
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preserve.
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4. Negotiate for, and enter into agreements with owners of
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lands contiguous to sovereignty lands for, any public and
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private use of any of such lands.
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5. Take any and all actions convenient for, or necessary
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to, the accomplishment of any and all of the acts and matters
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authorized by this paragraph.
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6. Conduct restoration and enhancement efforts in Biscayne
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Bay and its tributaries.
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7. Stabilize eroding shorelines of Biscayne Bay and its
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tributaries that are contributing to turbidity by planting
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natural vegetation to the greatest extent feasible and by the
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placement of riprap and living shorelines and seawalls, as
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determined by Miami-Dade County in conjunction with the
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Department of Environmental Protection.
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8. Request the South Florida Water Management District to
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enter into a memorandum of understanding with the Department of
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Environmental Protection, the Biscayne National Park Service,
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the Miami-Dade County Department of Environmental Resources
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Management and, at their option, the Corps of Engineers to
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include enhanced marine productivity in Biscayne Bay as an
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objective when operating the Central and Southern Florida Flood
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Control projects consistently with the goals of the water
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management district, including flood protection, water supply,
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and environmental protection.
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Section 2. Paragraph (e) of subsection (3) of section
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258.42, Florida Statutes, is amended to read:
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258.42 Maintenance of preserves.—The Board of Trustees of
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the Internal Improvement Trust Fund shall maintain such aquatic
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preserves subject to the following provisions:
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(3)
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(e) Structures may not be erected within the preserve,
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except:
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1. Private residential docks may be approved for
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reasonable ingress or egress of riparian owners. Slips at
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private residential single-family docks which contain boat lifts
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or davits that do not float in the water when loaded may not, in
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whole or in part, be enclosed by walls, but may be roofed if the
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roof does not overhang more than 1 foot beyond the footprint of
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the lift and the boat stored at the lift. Such roofs are not
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included in the square-footage calculation of a terminal
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platform.
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2. Private residential multislip docks may be approved if
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located within a reasonable distance of a publicly maintained
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navigation channel, or a natural channel of adequate depth and
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width to allow operation of the watercraft for which the docking
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facility is designed without the craft having an adverse impact
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on marine resources. The distance shall be determined in
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accordance with criteria established by the trustees by rule,
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based on the depth of the water, nature and condition of bottom,
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and presence of manatees.
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3. Commercial docking facilities shown to be consistent
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with the use or management criteria of the preserve may be
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approved if the facilities are located within a reasonable
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distance of a publicly maintained navigation channel, or a
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natural channel of adequate depth and width to allow operation
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of the watercraft for which the docking facility is designed
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without the craft having an adverse impact on marine resources.
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The distance shall be determined in accordance with criteria
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established by the trustees by rule, based on the depth of the
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water, nature and condition of bottom, and presence of manatees.
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4. Structures for shore protection, including restoration
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of seawalls at their previous location or upland of or within 18
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inches waterward of their previous location, approved
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navigational aids, or public utility crossings authorized under
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paragraph (a) may be approved.
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5. Nature-based solutions to improve coastal resiliency,
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including living seawalls, shoreline and vegetation planting,
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seagrass planting, wave attenuation structures, and green or
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hybrid green-gray stormwater infrastructure, that are sited to
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provide the most appropriate benefit.
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A structure under this paragraph or chapter 253 may not be
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prohibited solely because the local government fails to adopt a
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marina plan or other policies dealing with the siting of such
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structures in its local comprehensive plan.
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Section 3. Section 380.0938, Florida Statutes, is created
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to read:
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380.0938 Nature-based methods for improving coastal
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resilience.—
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(1) By January 1, 2027, the department shall develop
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design guidelines and standards for optimal combinations of
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nature-based methods for using green or hybrid green-gray
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infrastructure to address coastal resiliency, including local
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mitigation strategies for erosion control, sea level rise, and
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storm surge.
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(2) The department and local governments shall promote
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public awareness and education of the value of nature-based
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solutions for coastal resiliency, including the preservation and
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restoration of wetlands, floodplains, seagrasses, mangroves, and
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other natural systems along the coastline.
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Section 4. This act shall take effect July 1, 2026.