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CS/HB 1035 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to nature-based coastal resiliency; 2
amending s. 258.397, F.S.; authorizing certain 3
dredging and filling of submerged lands and placement 4
of certain shorelines and seawalls within the Biscayne 5
Bay Aquatic Preserve; amending s. 258.42, F.S.; 6
authorizing the erection of certain structures within 7
aquatic preserves; creating s. 380.0938, F.S.; 8
requiring the Department of Environmental Protection, 9
by a specified date, to develop guidelines and 10
standards for nature-based methods to address coastal 11
resiliency; requiring the department and local 12
governments to promote nature-based solutions for 13
coastal resiliency; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Paragraphs (b) and (e) of subsection (3) of 18
section 258.397, Florida Statutes, are amended to read: 19
258.397 Biscayne Bay Aquatic Preserve.— 20
(3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the 21
Internal Improvement Trust Fund is authorized and directed to 22
maintain the aquatic preserve hereby created pursuant and 23
subject to the following provisions: 24
(b) No further dredging or filling of submerged lands of 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the preserve shall be approved or tolerated by the board of 26
trustees except: 27
1. Such minimum dredging and spoiling as may be authorized 28
for public navigation projects or for such minimum dredging and 29
spoiling as may be constituted as a public necessity or for 30
preservation of the bay according to the expressed intent of 31
this section. 32
2. Such other alteration of physical conditions, including 33
the placement of riprap, as may be necessary to enhance the 34
quality and utility of the preserve. 35
3. Such minimum dredging and filling as may be authorized 36
for the creation and maintenance of marinas, piers, and docks 37
and their attendant navigation channels and access roads. Such 38
projects may only be authorized upon a specific finding by the 39
board of trustees that there is assurance that the project will 40
be constructed and operated in a manner that will not adversely 41
affect the water quality and utility of the preserve. This 42
subparagraph shall not authorize the connection of upland canals 43
to the waters of the preserve. 44
4. Such dredging as is necessary for the purpose of 45
eliminating conditions hazardous to the public health or for the 46
purpose of eliminating stagnant waters, islands, and spoil 47
banks, the dredging of which would enhance the aesthetic and 48
environmental quality and utility of the preserve and be clearly 49
in the public interest as determined by the board of trustees. 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
5. Such minimum dredging and filling as may be authorized 51
for the restoration and enhancement of natural systems, 52
including the management of substrate for vegetation planting 53
and restoration for mangroves, salt marshes, seagrasses, and 54
oyster reefs, to enhance the quality and utility of the preserve 55
and coastal resiliency. 56
57
Any dredging or filling under this subsection or improvements 58
under subsection (5) shall be approved only after public notice 59
as provided by s. 253.115. 60
(e) Notwithstanding other provisions of this section, the 61
board of trustees may, respecting lands lying within Biscayne 62
Bay: 63
1. Enter into agreements for and establish lines 64
delineating sovereignty and privately owned lands. 65
2. Enter into agreements for the exchange of, and 66
exchange, sovereignty lands for privately owned lands. 67
3. Accept gifts of land within or contiguous to the 68
preserve. 69
4. Negotiate for, and enter into agreements with owners of 70
lands contiguous to sovereignty lands for, any public and 71
private use of any of such lands. 72
5. Take any and all actions convenient for, or necessary 73
to, the accomplishment of any and all of the acts and matters 74
authorized by this paragraph. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
6. Conduct restoration and enhancement efforts in Biscayne 76
Bay and its tributaries. 77
7. Stabilize eroding shorelines of Biscayne Bay and its 78
tributaries that are contributing to turbidity by planting 79
natural vegetation to the greatest extent feasible and by the 80
placement of riprap and living shorelines and seawalls, as 81
determined by Miami-Dade County in conjunction with the 82
Department of Environmental Protection. 83
8. Request the South Florida Water Management District to 84
enter into a memorandum of understanding with the Department of 85
Environmental Protection, the Biscayne National Park Service, 86
the Miami-Dade County Department of Environmental Resources 87
Management and, at their option, the Corps of Engineers to 88
include enhanced marine productivity in Biscayne Bay as an 89
objective when operating the Central and Southern Florida Flood 90
Control projects consistently with the goals of the water 91
management district, including flood protection, water supply, 92
and environmental protection. 93
Section 2. Paragraph (e) of subsection (3) of section 94
258.42, Florida Statutes, is amended to read: 95
258.42 Maintenance of preserves.—The Board of Trustees of 96
the Internal Improvement Trust Fund shall maintain such aquatic 97
preserves subject to the following provisions: 98
(3) 99
(e) Structures may not be erected within the preserve, 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
except: 101
1. Private residential docks may be approved for 102
reasonable ingress or egress of riparian owners. Slips at 103
private residential single-family docks which contain boat lifts 104
or davits that do not float in the water when loaded may not, in 105
whole or in part, be enclosed by walls, but may be roofed if the 106
roof does not overhang more than 1 foot beyond the footprint of 107
the lift and the boat stored at the lift. Such roofs are not 108
included in the square-footage calculation of a terminal 109
platform. 110
2. Private residential multislip docks may be approved if 111
located within a reasonable distance of a publicly maintained 112
navigation channel, or a natural channel of adequate depth and 113
width to allow operation of the watercraft for which the docking 114
facility is designed without the craft having an adverse impact 115
on marine resources. The distance shall be determined in 116
accordance with criteria established by the trustees by rule, 117
based on the depth of the water, nature and condition of bottom, 118
and presence of manatees. 119
3. Commercial docking facilities shown to be consistent 120
with the use or management criteria of the preserve may be 121
approved if the facilities are located within a reasonable 122
distance of a publicly maintained navigation channel, or a 123
natural channel of adequate depth and width to allow operation 124
of the watercraft for which the docking facility is designed 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
without the craft having an adverse impact on marine resources. 126
The distance shall be determined in accordance with criteria 127
established by the trustees by rule, based on the depth of the 128
water, nature and condition of bottom, and presence of manatees. 129
4. Structures for shore protection, including restoration 130
of seawalls at their previous location or upland of or within 18 131
inches waterward of their previous location, approved 132
navigational aids, or public utility crossings authorized under 133
paragraph (a) may be approved. 134
5. Nature-based solutions to improve coastal resiliency, 135
including living seawalls, shoreline and vegetation planting, 136
seagrass planting, wave attenuation structures, and green or 137
hybrid green-gray stormwater infrastructure, that are sited to 138
provide the most appropriate benefit. 139
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A structure under this paragraph or chapter 253 may not be 141
prohibited solely because the local government fails to adopt a 142
marina plan or other policies dealing with the siting of such 143
structures in its local comprehensive plan. 144
Section 3. Section 380.0938, Florida Statutes, is created 145
to read: 146
380.0938 Nature-based methods for improving coastal 147
resilience.— 148
(1) By January 1, 2027, the department shall develop 149
design guidelines and standards for optimal combinations of 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
nature-based methods for using green or hybrid green-gray 151
infrastructure to address coastal resiliency, including local 152
mitigation strategies for erosion control, sea level rise, and 153
storm surge. 154
(2) The department and local governments shall promote 155
public awareness and education of the value of nature-based 156
solutions for coastal resiliency, including the preservation and 157
restoration of wetlands, floodplains, seagrasses, mangroves, and 158
other natural systems along the coastline. 159
Section 4. This act shall take effect July 1, 2026. 160