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CS/HB 1297 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 beach management; amending s. 2
161.101, F.S.; requiring the Department of 3
Environmental Protection to review certain data when 4
designating certain beaches as critically eroded and 5
in need of restoration and nourishment; requiring that 6
certain beaches, whose local government preserved 7
funds for a certain purpose and which possess 8
specified features, be designated as critically 9
eroded; authorizing the secretary of the department to 10
require coastal local governments to develop a local 11
strategic beach management plan; requiring that such 12
plans include an analysis of certain information; 13
making a technical change; amending s. 161.161, F.S.; 14
conforming a provision to changes made by the act; 15
amending s. 380.05, F.S.; revising the list of areas 16
that may receive designation as an area of critical 17
state concern; reenacting s. 380.045(1), (3), and (5), 18
F.S., relating to resource planning and management 19
committees and objectives and procedures, to 20
incorporate the amendment made to s. 380.05, F.S., in 21
references thereto; providing an effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
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
Section 1. Subsections (1) and (2) of section 161.101, 26
Florida Statutes, are amended to read: 27
161.101 State and local participation in authorized 28
projects and studies relating to beach management and erosion 29
control.— 30
(1)(a) The Legislature recognizes that beach erosion is a 31
statewide problem that does not confine its effects to local 32
governmental jurisdictions and that beach erosion can be 33
adequately addressed most efficiently by a state-initiated 34
program of beach restoration and beach nourishment. However, 35
since local beach communities derive the primary benefits from 36
the presence of adequate beaches, a program of beach restoration 37
and beach nourishment should not be accomplished without a 38
commitment of local funds to combat the problem of beach 39
erosion. 40
(b) Accordingly, the Legislature declares that the state, 41
through the department, shall determine those beaches which are 42
critically eroded and in need of restoration and nourishment and 43
may authorize appropriations to pay up to 75 percent of the 44
actual costs for restoring and nourishing a critically eroded 45
beach. The local government in which such a beach is located is 46
responsible for the balance of such costs. In designating 47
beaches as critically eroded, the department shall review data 48
related to beaches that have been preemptively and repeatedly 49
repaired to avoid complete erosion and for which private 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
funding, local government funding, and state and federal grants 51
have been expended to stop or mitigate such erosion. 52
(c) If a local government with jurisdiction over a beach 53
that possesses all of the following features has a financial 54
plan that ensures the preservation of funding for inclusion in 55
the state strategic beach management plan, such beach must be 56
designated as critically eroded: 57
1. The local government possesses a perpetual easement 58
that contains language stating the local government must assume 59
maintenance responsibilities for shoreline parcels and must 60
develop and implement a design whereby shoreline retreat is 61
sufficiently managed to protect inland developments; and 62
2. Geological features of the dune, beach, and seabed 63
combined with insufficient spacing between the erosion control 64
line to upland assets, which results in repeated inland flooding 65
or structural damage The local government in which the beach is 66
located shall be responsible for the balance of such costs. 67
(2)(a) To carry out the beach and shore preservation 68
programs, the department is hereby constituted as the beach and 69
shore preservation authority for the state. In this capacity, 70
the secretary of the department may at his or her own initiative 71
take all necessary steps as soon as practicable and desirable to 72
implement the provisions of this chapter. 73
(b) The secretary of the department may, as he or she 74
deems necessary, require coastal local governments to develop 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
local strategic beach management plans. Local strategic beach 76
management plans must include, but are not limited to, an 77
identification of the most visited shoreline recreational 78
facilities, university research centers, and shoreline 79
protection areas and an analysis of all of the following: 80
1. Compound flooding near the county's beaches. 81
2. Assessed values of upland properties and developments. 82
3. Environmentally sensitive lands and waters. 83
4. Any recommendation from a certified coastal engineer or 84
coastal engineering specialist. 85
5. Any recommendation from the United States Army Corps of 86
Engineers. 87
Section 2. Paragraph (a) of subsection (2) of section 88
161.161, Florida Statutes, is amended to read: 89
161.161 Procedure for approval of projects.— 90
(2) The comprehensive long-term management plan developed 91
and maintained by the department pursuant to subsection (1) must 92
include, at a minimum, a strategic beach management plan, a 93
critically eroded beaches report, and a statewide long-range 94
budget plan. The long-range budget plan must include a 3-year 95
work plan for beach restoration, beach nourishment, and inlet 96
management projects that lists planned projects for each of the 97
3 fiscal years addressed in the work plan. 98
(a) The strategic beach management plan must identify and 99
recommend appropriate measures for all of the state's critically 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
eroded sandy beaches and may incorporate plans prepared at the 101
regional level, including plans developed pursuant to s. 102
161.101(2)(b), taking into account areas of greatest need and 103
probable federal and local funding. Upon approval in accordance 104
with this section, such regional plans, along with the 3-year 105
work plan identified in subparagraph (c)1., must serve as the 106
basis for state funding decisions. Before finalizing the 107
strategic beach management plan, the department shall hold a 108
public meeting in the region for which the plan is prepared or 109
hold a publicly noticed webinar. 110
Section 3. Paragraph (a) of subsection (2) of section 111
380.05, Florida Statutes, is amended to read: 112
380.05 Areas of critical state concern.— 113
(2) An area of critical state concern may be designated 114
only for: 115
(a) An area containing, or having a significant impact 116
upon, environmental or natural resources of regional or 117
statewide importance, including, but not limited to, state or 118
federal parks;, forests;, wildlife refuges;, wilderness areas;, 119
aquatic preserves;, major rivers and estuaries;, state 120
environmentally endangered lands;, Outstanding Florida Waters;, 121
low elevation sections immediately inland of the dune and beach 122
which have been repeatedly breached or overtopped by seawater 123
flowing into an interconnected stormwater system or which have 124
been designated in a local emergency declaration for a prolonged 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
period; and aquifer recharge areas, the uncontrolled private or 126
public development of which would cause substantial 127
deterioration of such resources. Specific criteria which must 128
shall be considered in designating an area under this paragraph 129
include: 130
1. Whether the economic value of the area, as determined 131
by the type, variety, distribution, relative scarcity, and 132
condition of the environmental or natural resources within the 133
area, is of substantial regional or statewide importance. 134
2. Whether the ecological value of the area, as determined 135
by the physical and biological components of the environmental 136
system, is of substantial regional or statewide importance. 137
3. Whether the area is a designated critical habitat of 138
any state or federally designated threatened or endangered plant 139
or animal species. 140
4. Whether the area is inherently susceptible to 141
substantial development due to its geographic location or 142
natural aesthetics. 143
5. Whether any existing or planned substantial development 144
within the area will directly, significantly, and deleteriously 145
affect any or all of the environmental or natural resources of 146
the area which are of regional or statewide importance. 147
Section 4. For the purpose of incorporating the amendment 148
made by this act to section 380.05, Florida Statutes, in 149
references thereto, subsections (1), (3), and (5) of section 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
380.045, Florida Statutes, are reenacted to read: 151
380.045 Resource planning and management committees; 152
objectives; procedures.— 153
(1) Prior to recommending an area as an area of critical 154
state concern pursuant to s. 380.05, the Governor, acting as the 155
chief planning officer of the state, shall appoint a resource 156
planning and management committee for the area under study by 157
the state land planning agency. The objective of the committee 158
shall be to organize a voluntary, cooperative resource planning 159
and management program to resolve existing, and prevent future, 160
problems which may endanger those resources, facilities, and 161
areas described in s. 380.05(2) within the area under study by 162
the state land planning agency. 163
(3) Not later than 12 months after its appointment by the 164
Governor, the committee shall either adopt a proposed voluntary 165
resource planning and management program for the area under 166
study or recommend that a voluntary resource planning and 167
management program not be adopted. The proposed voluntary 168
resource planning and management program shall contain the 169
committee findings with respect to problems that endanger those 170
resources, facilities, and areas described in s. 380.05(2) and 171
shall contain detailed recommendations for state, regional, and 172
local governmental actions necessary to resolve current and 173
prevent future problems identified by the committee. A major 174
objective of the proposed voluntary resource planning and 175
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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
management program shall be the effective coordination of state, 176
regional, and local planning; program implementation; and 177
regulatory activities for comprehensive resource management. The 178
committee shall submit the proposed voluntary resource planning 179
and management program to the head of the state land planning 180
agency, who shall transmit the program along with the 181
recommendations of the agency for monitoring and enforcing the 182
program, as well as any other recommendations deemed 183
appropriate, to the Administration Commission. 184
(5) The state land planning agency shall report to the 185
Administration Commission within 12 months of the approval of 186
the program by the commission concerning the implementation and 187
the effects of the approved voluntary resource planning and 188
management program. The report shall include, but shall not be 189
limited to: 190
(a) An assessment of state agency compliance with the 191
program, including the degree to which the program 192
recommendations have been integrated into agency planning, 193
program implementation, regulatory activities, and rules; 194
(b) An assessment of the compliance by each affected local 195
government with the program; 196
(c) An evaluation of state, regional, and local monitoring 197
and enforcement activities and recommendations for improving 198
such activities; and 199
(d) A recommendation as to whether or not all or any 200
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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
portion of the study area should be designated an area of 201
critical state concern pursuant to s. 380.05. 202
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The state land planning agency may make such other reports to 204
the commission as it deems necessary, including recommending 205
that all or any portion of the study area be designated an area 206
of critical state concern because of special circumstances in 207
the study area or in the implementation of the approved 208
voluntary resource planning and management program. 209
Section 5. This act shall take effect July 1, 2026. 210