ENROLLED
       2025 Legislature                                  CS for SB 1622
       
       
       
       
       
       
                                                             20251622er
    1  
    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 Section 163.035, Florida Statutes, is repealed.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.