STORAGE NAME: h0371.NRD
DATE: 3/7/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 371
TITLE: Nature-based Methods for Improving Coastal
Resilience
SPONSOR(S): Mooney
COMPANION BILL: CS/SB 50 (Garcia)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Natural Resources & Disasters
Agriculture & Natural Resources
Budget
State Affairs
SUMMARY
Effect of the Bill:
The bill requires the Department of Environmental Protection (DEP) to adopt rules for nature-based methods for
improving coastal resilience that protect and restore mangroves, promote the use of green infrastructure,
streamline green infrastructure permitting, and protect environmentally sensitive areas.
The bill requires the Florida Flood Hub for Applied Research and Innovation (Flood Hub) to develop and design
guidelines and standards for optimal combinations of green and gray infrastructure to address sea level rise and
the impact of storm surges. Additionally, the bill requires the Flood Hub to model the effects of conceptual designs
of green infrastructure and hybrid green-gray infrastructure, and integration of green natural systems into gray
infrastructure systems, on the state’s coastal resilience.
The bill directs DEP, in consultation with the Division of Insurance Agent and Agency Services, to conduct a
statewide feasibility study to determine the value of mangroves and other nature-based solutions for coastal flood
risk reduction to reduce insurance premiums and improve local governments’ community ratings in the National
Flood Insurance Program Community Rating System. DEP must submit a report on the findings of the study to the
Governor and Legislature by July 1, 2026.
Fiscal or Economic Impact:
The bill may have an insignificant negative fiscal impact on DEP associated with the rulemaking and study
requirements of the bill.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Coastal Resilience
The bill requires the Department of Environmental Protection (DEP) to adopt rules for nature-based methods for
improving coastal resilience. The bill requires these rules to:
Address significant erosion in areas of critical state concern;
Identify ways that new developments can avoid or mitigate their impacts on mangrove stands;
Encourage local governments to develop or participate in mangrove replanting and hydrological
restoration as well as restoration of oyster reefs, salt marshes, and coral reefs;
Identify and monitor threats to mangroves;
Protect barrier
1 and spoil islands;
2
1
Barrier islands are build-ups of sand that form along the coast of larger land-bodies.
2
A spoil island is an artificial island, often created as a byproduct of channel dredging. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Assist in efforts to improve coastal resilience through the use of green infrastructure, beach renourishment,
dune restoration, living seawalls, shoreline and vegetation planting, stormwater planters, permeable
pavements, and ecologically sound building materials;
Promote public awareness of the value of green infrastructure and statewide education campaigns
conducted by local governmental entities;
Identify vulnerable public and private properties along the coastline and encourage partnerships with local
governmental entities to create local protection and restoration zone programs for implementing rules
developed by DEP;
Protect and maintain access to and navigation of the marked channel and the right-of-way of the Florida
Intracoastal Waterway;
3
Create permitting incentives and approvals of, and encourage the use of, new strategies and technologies,
such as 3D printing, for living shorelines and nature-based features for coastal protection;
Assist in the development of workforce training in Florida that includes flood and sea level rise research,
prediction, and adaptation and mitigation strategies. DEP must provide incentives to local communities
that apply for funding through the Workforce Development Capitalization Incentive Grant Program to
implement such workforce training;
Encourage partnerships with local governmental entities to create projects for coastal protection through
the Resilient Florida Grant Program;
Develop guidelines for determining when a green infrastructure project is clearly in the public interest;
Streamline the permitting process for environmental resource permits (ERPs) for green infrastructure
projects; and
Streamline permitting after designated storm events or disasters to replace failed coastal infrastructure
with green or hybrid green-gray infrastructure that follows established green and green-gray design
guidelines. (Section 2)
Florida Flood Hub
The bill requires the Florida Flood Hub for Applied Research and Innovation (Flood Hub) to develop design
guidelines and standards for optimal combinations of green and gray infrastructure to address sea level rise and
the impact of storm surges. Additionally, the bill requires the Flood Hub to model the effects, including flood risk
reduction and socio-economic benefits, of conceptual designs of green infrastructure and hybrid green-gray
infrastructure, and integration of green natural systems into gray infrastructure systems, on the state’s coastal
resilience. (Section 1)
National Flood Insurance Program Feasibility Study
The bill directs DEP to, in consultation with the Division of Insurance Agent and Agency Services, to conduct a
statewide feasibility study to determine the value of nature-based methods for coastal flood risk reduction within
coastal communities to reduce insurance premiums and improve local governments’ community ratings in the
National Flood Insurance Program (NFIP) Community Rating System (CRS). The bill directs DEP to submit a report
detailing the findings to the Governor, the President of the Senate, and the Speaker of the House of Representatives
by July 1, 2026. (Section 2)
Effective Date
The effective date of this bill is July 1, 2025. (Section 3)
RULEMAKING:
DEP is responsible for permitting and rulemaking for various programs that impact coastal resources, such as ERPs
and the Resilient Florida Program. The bill requires DEP to adopt rules governing nature-based methods for
improving coastal resilience.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
3
Section 327.02, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate fiscal impact on DEP associated with the rulemaking requirements of the bill
and the statewide feasibility study on nature-based solutions for coastal flood risk reduction required by the bill.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Mangroves
Mangrove forests are distinct saltwater woodlands that thrive in tidal estuaries and low-energy shorelines
throughout the tropics and subtropics.
4 They grow in coastal intertidal environments and are able to tolerate a
wide range of saline waters, from nearly fresh to very high salt content in coastal waters. In Florida, mangroves are
typically found south of Cedar Key on the Gulf Coast and south of Cape Canaveral on the Atlantic Coast.
5 Florida’s
mangrove forests primarily consist of four trees: red mangrove (Rhizophora mangle), black mangrove (Avicennia
germinans), white mangrove (Laguncularia racemose), and buttonwood (Conocarpus erectus).
6
The Impact of Mangroves
Mangroves play a significant ecological role as habitats for an array of species, some of which are endangered and
threatened species, and species of special concern.
7 Mangroves serve as nursery grounds for a variety of marine
and estuarine vertebrates and invertebrates. It is estimated that 80 percent of the global fish catch is in some way
dependent on mangrove forests at some point in their life cycle.
8 Animals associated with the mangrove and
seagrass communities include herbivores, such as green turtles, manatees, sea urchins, blue crabs, fiddler crabs,
and a variety of fishes.
9
Mangroves protect shorelines from damaging storm and hurricane winds, waves, and floods by functioning as
wind breaks and reducing wave action.
10 Mangroves’ tangled root systems help prevent erosion by stabilizing
sediments and fine substrates and reducing turbidity.
11 This stabilization also absorbs excess nutrients from
entering into coastal waters, benefitting seagrasses which can die off due to excess nutrient loads in the water.
12
Through a combination of these functions, mangroves contribute significantly to the economy of coastal counties of
the state.
Mangrove Loss
Mangroves can be damaged and destroyed by natural events; however, development within estuarine habitats has
had the most severe negative impacts on mangrove forests.
13 The pressure to destroy remaining mangrove habitat
is increasing due to the continued urban development along Florida’s coastline.
14 Scientists have evaluated
4
Fish and Wildlife Conservation Commission (FWC), Mangrove Forests, https://myfwc.com/research/habitat/coastal-
wetlands/mangroves/ (last visited Mar. 4, 2025).
5
Id.
6
Id. Buttonwood trees are not “true” mangrove species because they lack the distinctive reproduction and root characteristics
of red, black, and white mangroves. However, they are frequently found growing in uplands with mangroves and are part of
the ecosystem.
7
Florida Museum, Importance of Mangroves,
https://www.floridamuseum.ufl.edu/southflorida/habitats/mangroves/importance-mangroves/ (last visited Mar. 4, 2025).
8
United States Fish and Wildlife Service (FWS), Mangroves on the Move: Wetland Habitats Responding to Changes in Climate,
available at https://storymaps.arcgis.com/stories/ee2242de7aba4c27a62d21e6ec480f83 (last visited Mar. 4, 2025).
9
Florida Museum, Importance of Mangroves,
https://www.floridamuseum.ufl.edu/southflorida/habitats/mangroves/importance-mangroves/ (last visited Mar. 4, 2025).
10
Id.
11
Id.
12
FWC, Mangrove Forests, https://myfwc.com/research/habitat/coastal-wetlands/mangroves/ (last visited Mar. 4, 2025).
13
Florida Museum, Impacts on Mangroves, https://www.floridamuseum.ufl.edu/southflorida/habitats/mangroves/impacts/
(last visited Mar. 4, 2025).
14
Florida Museum, Conservation, https://www.floridamuseum.ufl.edu/southflorida/habitats/mangroves/conservation/ (last
visited Jan. 24, 2024). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
mangrove loss through aerial photos dating back to the 1940s and 1950s and satellite imagery and aerial
photography from the 1980s.
15 Since the 1900s, it is estimated that vital estuary habitats such as Tampa Bay and
Charlotte Harbor have lost 50 to 60 percent of their mangrove forests.
16
However, in other areas, mangroves are expanding into new territory. Continued evaluation of aerial images
between 1984 and 2011 have shown that the Florida Atlantic Coast gained more than 3,000 acres of mangroves.
17
Increases occurred north of Palm Beach County, and the acreage between Cape Canaveral and St. Augustine
appears to have doubled.
18
Living Shorelines
Living shorelines are a nature-based approach to coastal protection, using natural elements such as ecosystems,
vegetation, stone, or organic materials to increase coastal resilience and adapt to sea level rise (SLR).
19 When
protecting coastlines, a living shoreline approach represents an alternative to traditional hard armoring
approaches such as seawalls and bulkheads.
20 When constructed correctly, a living shoreline provides erosion
control and maintains coastal processes such as reducing wave energy and storm impacts, improving water
quality, and providing critical fish and wildlife habitat.
21Additionally, nature-based approaches to coastal
protection can be incorporated or combined with traditional infrastructure to create effective protections. Pictured
below
22 are examples of green and gray projects which can be incorporated into coastal infrastructure:
Environmental Resource Permits
State law provides that a water management district (WMD) or DEP may require an ERP and impose reasonable
conditions necessary to assure the construction or alteration of any stormwater management system, dam,
impoundment, reservoir, appurtenant work, or works complies with state law and applicable rules and will not be
harmful to water resources.
23 A person proposing such construction or alteration must apply to the WMD or DEP
15
DEP, Florida’s Mangroves, https://floridadep.gov/rcp/rcp/content/floridas-mangroves (last visited Mar. 4, 2025).
16
Florida Museum, Tell Me About: Threats to Mangroves in Florida, https://www.floridamuseum.ufl.edu/earth-
systems/blog/tell-me-about-threats-to-mangroves-in-florida (last visited Mar. 4, 2025).
17
DEP, Florida’s Mangroves, https://floridadep.gov/rcp/rcp/content/floridas-mangroves (last visited Mar. 4, 2025).
18
Research is ongoing to determine the impacts, both positive and negative, of this transition. Id.
19
National Oceanic and Atmospheric Administration (NOAA), Living Shorelines,
https://www.habitatblueprint.noaa.gov/living-shorelines/ (last visited Mar. 4, 2025).
20
NOAA, Living Shorelines Provide Nature-Based Approach to Coastal Protection, https://www.fisheries.noaa.gov/story-
map/living-shorelines-provide-nature-based-approach-coastal-protection (last visited Mar. 4, 2025).
21
Id.
22
National Oceanic and Atmospheric Administration (NOAA), Living Shorelines,
https://www.habitatblueprint.noaa.gov/living-shorelines/ (last visited Mar. 4, 2025).
23
Section 373.413(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
for an ERP permit authorizing the construction or alteration. The application must contain the applicant’s name
and address, the name and address of the owner of the land where the works are to be constructed, a legal
description of the land, location of the work, sketches of construction, name and address of the person who
prepared the plans and specifications of construction, and the person who will construct the proposed work,
general purpose of the proposed work, and other information as DEP or the WMD may require.
24
Resilient Florida Grant Program
Established within DEP in 2021, the Resilient Florida Program (Program) enhances efforts to protect Florida’s
inland waterways, coastlines, and shores, which serve as invaluable natural defenses against SLR.
25 The Program
includes a selection of grants that are available to counties, municipalities, WMDs, flood control districts, and
regional resilience entities.
26 To effectively address the impacts of flooding and SLR that the state faces, eligible
applicants may receive funding assistance to analyze and plan for vulnerabilities as well as implement projects for
adaptation and mitigation. The Program creates grant funding opportunities through the Resilient Florida Grant
Program and the Statewide Flooding and Sea Level Rise Resilience Plan.
27
Under the Resilient Florida Grant Program, subject to appropriation, DEP may provide grants to a county or
municipality to fund:
Costs of community resilience planning and necessary data collection for such planning, including
comprehensive plan amendments and necessary corresponding analyses that address Peril of Flood
requirements;
Vulnerability assessments that identify or address risks of inland or coastal flooding and SLR;
The development of projects, plans, and policies that allow communities to prepare for threats from
flooding and SLR;
Preconstruction activities for projects to be submitted for inclusion in the Statewide Flooding and Sea Level
Rise Resilience Plan that are located in a municipality that has a population of 10,000 or fewer or a county
that has a population of 50,000 or fewer; and
Feasibility studies and permitting costs for nature-based solutions that reduce the impact of flooding and
SLR.
28
In addition, DEP may provide grants to WMDs to support local government adaptation planning, which may be
conducted by the WMD or by a third party on behalf of the WMD.
29 These grants must be used for the express
purpose of supporting the Flood Hub and DEP through data creation and collection, modeling, and the
implementation of statewide standards.
30 Priority must be given to filling critical data gaps identified by the Flood
Hub.
31
24
Section 373.413(2), F.S.
25
DEP, Resilient Florida Program, https://floridadep.gov/ResilientFlorida (last visited Mar. 5, 2025).
26
DEP, Resilient Florida Grants, https://floridadep.gov/Resilient-Florida-Program/Grants (last visited Mar. 5, 2025).
27
Sections 380.093(3) and 380.093(5), F.S.
28
Section 380.093(3), F.S.
29
Section 380.093(3)(b)2., F.S.
30
Id.
31
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Flood Hub
The Flood Hub within the University of South Florida College of Marine Science works to bridge the gap between
scientists, policymakers, practitioners, and the public to help communities mitigate and adapt to flooding risks.
32
The Flood Hub is required to organize existing data needs, establish community-based programs to improve flood
monitoring, and develop opportunities to partner with other flood and SLR research and innovation leaders.
33 The
Flood Hub must also submit an annual comprehensive report to the Governor and the Legislature that outlines its
clearly defined goals, efforts, and progress on reaching such goals.
34
Workforce Development Capitalization Incentive Grant Program
The Workforce Development Capitalization Incentive Grant Program was created to provide grants to school
districts and Florida College System institutions to fund costs associated with the creation or expansion of career
and technical education programs that lead to industry certifications included on the CAPE Industry Certification
Funding List.
35 The programs may serve secondary students or postsecondary students if the postsecondary career
and technical education program also serves secondary students.
36 The Department of Education is responsible for
administering the program.
37
Grant funds may be used for instructional and laboratory equipment, supplies, personnel, student services, or
other expenses associated with the creation or expansion of a career and technical education program that serves
secondary students.
38 In ranking applications, the State Board of Education must consider the statewide
geographic dispersion of grant funds and give priority to applications from education agencies that are making
maximum use of their workforce development funding by offering high-performing, high-demand programs.
39
Areas of Critical State Concern
In 1972, the Florida Environmental Land and Water Management Act was enacted, creating the Areas of Critical
State Concern (ACSC) Program. The program is intended to protect resources and public facilities of major
statewide significance, within designated geographic areas, from uncontrolled development that would cause
substantial deterioration of such resources.
40 The ACSC designation denotes areas that contain natural resources of
regional or statewide importance, areas that are or will be significantly affected by major public facilities, or areas
of major development potential.
41
Areas currently designated as ACSCs include the Big Cypress Area,
42 the Green Swamp Area,
43 the Florida Keys
Area,
44 the Brevard Barrier Island Area,
45 and the Apalachicola Bay Area.
46
National Flood Insurance Program
The NFIP was created by the passage of the National Flood Insurance Act of 1968.
47 The NFIP is administered by
the Federal Emergency Management Agency (FEMA). The program enables homeowners, business owners, and
32
Section 380.0933, F.S.; USF College of Marine Science, Florida Flood Hub for Applied Research and Innovation,
https://www.usf.edu/marine-science/research/florida-flood-hub-for-applied-research-and-innovation/ (last visited Mar. 3,
2025).
33
Section 380.0933(2), F.S.
34
Section 380.0933(5), F.S.
35
Section 1011.801, F.S.
36
Id.
37
Section 1011.801(2), F.S.
38
Section 1011.801(1), F.S.
39
Section 1011.801(2), F.S.
40
Florida Commerce, Areas of Critical State Concern Program, https://www.floridajobs.org/community-planning-and-
development/programs/community-planning-table-of-contents/areas-of-critical-state-concern (last visited Mar. 4, 2025).
41
The Green Swamp, History, https://www4.swfwmd.state.fl.us/greenswamp/history (last visited Mar. 4, 2025).
42
Section 380.055, F.S.
43
Section 380.0551, F.S.
44
Section 380.0552, F.S.
45
Section 380.0553, F.S.
46
Section 380.0555, F.S.
47
42 U.S.C. 4001 et seq. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
renters in participating communities to purchase federally backed flood insurance.
48 This insurance offers an
alternative option for disaster assistance to meet the escalating costs of repairing flood damage to buildings and
their contents. Participation in the NFIP is voluntary.
49 To join, a community must:
Complete an application;
Adopt a resolution of intent to participate and cooperate with FEMA; and
Adopt and submit a floodplain management ordinance that meets or exceeds the minimum NFIP criteria.
50
The Community Rating System (CRS) within the NFIP is a voluntary incentive program that rewards communities
for implementing floodplain management practices that exceed the minimum requirements of the NFIP.
51 Property
owners within communities that participate in the CRS program receive discounts on flood insurance premiums.
52
Premium discounts range from five to 45 percent based on a community’s CRS credit points.
53 Communities earn
credit points by implementing FEMA-approved activities or programs, such as:
Flood damage reduction programs that reduce the flood risk to existing development;
Public outreach programs advising people about flood hazards, flood insurance, and ways to reduce flood
damage;
Mapping and regulations limiting floodplain development or providing increased protection to new and
existing development; or
Warning and response programs that provide early flood warnings to the public and incorporate
substantial damage assessments into flood response operations.
54
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 HB 1581 Mooney Garcia The bill passed the House, but
died in the Senate.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Natural Resources & Disasters
Subcommittee
Moore Gawin
Agriculture & Natural Resources
Budget Subcommittee
State Affairs Committee
48
Benefits.gov, National Flood Insurance Program (NFIP), https://www.benefits.gov/benefit/435 (last visited Mar. 4,
2025).
49
FEMA, Participation in the NFIP, https://www.fema.gov/glossary/participation-nfip (last visited Mar. 4, 2025).
50
Id.
51
FEMA, Community Rating System, https://www.fema.gov/floodplain-management/community-rating-system (last visited
Mar. 4, 2025).
52
Id.
53
Id.
54
FEMA, Community Rating System: A Local Official’s Guide to Saving Lives, Preventing Property Damage, and Reducing the Cost
of Flood Insurance, 3-6 (2023), available at https://www.fema.gov/sites/default/files/documents/fema_crs-
brochure_032023.pdf. (last visited Mar. 4, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8