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Florida Senate - 2025 CS for SB 1622 By the Committee on Rules; and Senators Trumbull, Rouson, and Berman 595-03810-25 20251622c1 1 A bill to be entitled 2 An act relating to beaches; repealing s. 163.035, 3 F.S., relating to the establishment of recreational 4 customary use of beaches; providing a legislative 5 declaration establishing the erosion control line for 6 certain counties; providing a declaration of intent; 7 requiring the Board of Trustees of the Internal 8 Improvement Trust Fund to adopt the erosion control 9 line by resolution in certain circumstances; 10 authorizing the Department of Environmental Protection 11 to proceed with certain beach restoration projects; 12 providing that such projects do not require a public 13 easement; providing a legislative declaration of 14 public interest; providing applicability; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1.Section 163.035, Florida Statutes, is repealed. 20 Section 2.(1)Notwithstanding s. 161.161(5) and (6), 21 Florida Statutes, for the counties identified in subsection (4), 22 the Legislature declares the erosion control line shall be the 23 mean high-water line as determined by a survey conducted by the 24 Board of Trustees of the Internal Improvement Trust Fund. The 25 Legislature further declares that there is no intention on the 26 part of the state to deprive any upland or submerged land owner 27 of the legitimate and constitutional use and enjoyment of his or 28 her property. 29 (2)If an erosion control line has not been established for 30 a critically eroded shoreline, the Board of Trustees of the 31 Internal Improvement Trust Fund must adopt the erosion control 32 line by resolution and file: 33 (a)In the official records of the respective county, a 34 copy of the resolution establishing the location of the erosion 35 control line; and 36 (b)In the book of plats of the respective county, a survey 37 showing the area of beach to be restored and the location of the 38 erosion control line. 39 (3)The Department of Environmental Protection may proceed 40 with beach restoration projects for any area designated by the 41 department as critically eroded in the Critically Eroded Beaches 42 in Florida report dated August 2024. Notwithstanding s. 161.141, 43 Florida Statutes, beach restoration projects conducted pursuant 44 to this section do not require a public easement. Any additions 45 to property seaward of the erosion control line which result 46 from the restoration project remain state sovereignty lands. The 47 Legislature declares that such projects are in the public 48 interest. 49 (4)This section applies to counties located adjacent to 50 the Gulf of America with: 51 (a)At least three municipalities; and 52 (b)An estimated population of less than 275,000, according 53 to the most recent population estimate prepared pursuant to s. 54 186.901, Florida Statutes, excluding the inmate population. 55 Section 3.This act shall take effect upon becoming a law.
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