SB 1422 — Coral Reefs

70.001.

In the event the rule establishing the uniform mitigation assessment method is deemed to be invalid, the applicable rules related to establishing needed mitigation in existence prior to the adoption of the uniform mitigation assessment method, including those adopted by a county which is an approved local program under s.

403.182, and the method described in paragraph (b) for existing mitigation banks, shall be authorized for use by the department, water management districts, local governments, and Page 3 of 10 CODING:

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Florida Senate - 2026 SB 1422 36-01104A-26 20261422__ other state agencies.

(a) In developing the uniform mitigation assessment method, the department shall:

1.

Seek input from the United States Army Corps of Engineers in order to promote consistency in the mitigation assessment methods used by the state and federal permitting programs.

2.

Incorporate habitat equivalency analysis.

As used in this paragraph, the term “habitat equivalency analysis” means a type of methodology used to determine how much restoration is necessary to compensate for adverse impacts.

Section 2.

Section 403.811, Florida Statutes, is amended to read:

403.811 Dredge and fill permits issued pursuant to this chapter and s.

373.414.— (1) Permits or other orders addressing dredging and filling in, on, or over waters of the state issued pursuant to this chapter or s.

373.414(9) before the effective date of rules adopted under s.

373.414(9) and permits or other orders issued in accordance with s.

373.414(13), (14), (15), or (16) shall remain valid through the duration specified in the permit or order, unless revoked by the agency issuing the permit.

The agency issuing the permit or other order may seek to enjoin the violation of, or to enforce compliance with, the permit or other order as provided in ss.

403.121, 403.131, 403.141, and 403.161.

A violation of a permit or other order addressing dredging or filling issued pursuant to this chapter is punishable by a civil penalty as provided in s.

403.141 or a criminal penalty as provided in s.

403.161.

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Florida Senate - 2026 SB 1422 36-01104A-26 20261422__ (2) Permits for dredging and filling must include a requirement that dredging and turbidity monitoring be performed by separate and distinct entities.

The department shall adopt rules to implement this subsection.

(3) Permitted entities shall bear the full cost of and responsibility for any damage or destruction caused by dredging, filling, or related activities.

Section 3.

Present subsections (5) through (12) of section 403.93345, Florida Statutes, are redesignated as subsections (6) through (13), respectively, and a new subsection (5) is added, and present subsection (4) is amended to read:

(b) The Legislature further finds that coral reefs,reefs if healthy and effectively managed, can help mitigate the risks and related loss and damage from floods, climate change, and natural disasters.

The Legislature recognizes that studies have shown that healthy coral reefs can protect coastal properties from such climate change-related risks and disaster events, including storms, high wave events, sea level rise, and flooding.

The Federal Emergency Management Agency (FEMA) is responsible for responding to natural disasters and providing technical and financial hazard mitigation support, primarily distributed as Page 51 of 103 CODING:

Florida Senate - 2026 CS for SB 1422 36-01104A-26592-02472-26 20261422__20261422c1 primarily distributed as grant funding through FEMA’s hazard mitigation assistance programs.

(5) The Legislature designates coral reefs as critical natural infrastructure and as a nature-based solution that helps mitigate climate change-related risks and disaster events, including,including exposure to storms, high wave events, sea level rise, and flooding.

SectionAs 4.such, the Legislature further designates the protection of corals, coral reefs, and coral reef-associated hardbottom in Broward, Martin, Miami-Dade, Monroe, and Palm Beach Counties as being in the public interest.

For(8)(7) theThe purposedepartment ofmay incorporatinguse thehabitat amendmentequivalency madeanalysis byas thisthe actmethod toby sectionwhich 373.414,the Floridacompensation Statutes,described in a reference thereto, paragraph (b) of subsection (2)(7) and(5) subsectionis (4)calculated. of section 373.4137, Florida Statutes, are reenacted to read:

373.4137The Mitigationparameters requirements for specifiedcalculation transportationby projects.—this (2)method Environmentalmay impactbe inventoriesprescribed forby transportationrule projectsadopted proposed by the Departmentdepartment. of Transportation or a transportation authority established pursuant to chapter 348 or Page 6 of 10 CODING:

(9)(8) In addition to the compensation described in subsection (7) (5), the department may assess, per occurrence, civil penalties according to the following schedule:

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Florida Senate - 2026 CS for SB 1422 36-01104A-26592-02472-26 20261422__20261422c1 chapter(a) 349For shallany beanchoring developedof a vessel on a coral reef or for any other damage to a coral reef totaling less than or equal to an area of 1 square meter, $225, provided that a responsible party who has anchored a recreational vessel as follows:defined in s.

(b)327.02 Thewhich environmentalis impactlawfully inventoryregistered mustor includeexempt afrom descriptionregistration ofpursuant habitatto impacts,chapter including328 location,is acreage,issued, andat type;least once, a warning letter in lieu of penalty;

thewith anticipatedaggravating mitigationcircumstances, neededan basedadditional on$225; the functional loss as determined through the uniform mitigation assessment method adopted by the Department of Environmental Protection by rule pursuant to s.

373.414(18);occurring within a state park or aquatic preserve, an additional $225.

identification(b) For damage totaling more than an area of the1 proposedsquare mitigationmeter option;but less than or equal to an area of 10 square meters, $450 per square meter;

statewith wateraggravating qualitycircumstances, classificationan ofadditional impacted$450 wetlandsper andsquare othermeter; surface waters;

anyoccurring otherwithin a state park or regionalaquatic designationspreserve, foran theseadditional habitats;$450 per square meter.

and(c) aFor listdamage ofexceeding threatenedan species,area endangered species, and species of special10 concernsquare affectedmeters, by$1,500 theper proposedsquare project.meter;

(4)with Beforeaggravating Marchcircumstances, 1an ofadditional each$1,500 year,per eachsquare watermeter; management district shall develop a mitigation plan to offset only the impacts of transportation projects in the environmental impact inventory for which a water management district is implementing mitigation that meets the requirements of this section, 33 U.S.C.

s.occurring within a state park or aquatic preserve, an additional $1,500 per square meter.

1344,(d) andFor 33a C.F.R.second violation, the total penalty may be doubled.

part(e) 332.For a third violation, the total penalty may be tripled.

The(f) waterFor managementany districtviolation mitigationafter plana mustthird beviolation, developed in consultation with the Departmenttotal ofpenalty Environmentalmay Protection,be thequadrupled. United States Army Corps of Engineers, the Department of Transportation, participating transportation authorities established pursuant to chapter 348 or chapter 349, other appropriate federal, state, and local governments, and other interested parties, including entities operating mitigation banks.

In(g) developingThe suchtotal plans, the water management districts shall use sound ecosystem management practices to address significant water resource needs and consider activities of thepenalties Departmentlevied ofmay Environmentalnot Protectionexceed and$375,000 theper wateroccurrence. management districts, such as surface Page 7 of 10 CODING:

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Florida Senate - 2026 SB 1422 36-01104A-26 20261422__ water improvement and management (SWIM) projects and lands identified for potential acquisition for preservation, restoration, or enhancement, and the control of invasive and exotic plants in wetlands and other surface waters, to the extent that the activities comply with the mitigation requirements adopted under this part, 33 U.S.C.

s.

1344, and 33 C.F.R.

part 332.

The water management district mitigation plan must identify each site where the water management district will mitigate for a transportation project.

For each mitigation site, the water management district shall provide the scope of the mitigation services;

provide the functional gain as determined through the uniform mitigation assessment method adopted by the Department of Environmental Protection by rule pursuant to s.

373.414(18);

describe how the mitigation offsets the impacts of each transportation project as permitted;

and provide a schedule for the mitigation services.

The water management districts shall maintain records of costs incurred and payments received for providing these services.

Records must include, but are not limited to, planning, land acquisition, design, construction, staff support, long-term maintenance and monitoring of the mitigation site, and other costs necessary to meet the requirements of 33 U.S.C.

s.

1344 and 33 C.F.R.

part 332.

To the extent moneys paid to a water management district by the Department of Transportation or a participating transportation authority are greater than the amount spent by the water management districts in providing the mitigation services to offset the permitted transportation project impacts, these moneys must be refunded to the Department of Transportation or participating transportation authority.

The mitigation plan Page 8 of 10 CODING:

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Florida Senate - 2026 SB 1422 36-01104A-26 20261422__ shall be submitted to the water management district governing board or its designee for review and approval.

At least 14 days before approval by the governing board, the water management district shall provide a copy of the draft mitigation plan to the Department of Environmental Protection and any person who has requested a copy.

Subsequent to the governing board approval, the mitigation plan shall be submitted to the Department of Environmental Protection for approval.

The plan may not be implemented until it is submitted to, and approved in part or in its entirety by, the Department of Environmental Protection.

(a) Specific projects may be excluded from the mitigation plan, in whole or in part, and are not subject to this section upon the election of the Department of Transportation, a transportation authority if applicable, or the appropriate water management district.

The Department of Transportation or a participating transportation authority may not exclude a transportation project from the mitigation plan if mitigation is scheduled for implementation by the water management district in the current fiscal year unless the transportation project is removed from the Department of Transportation’s work program or transportation authority funding plan, the mitigation cannot be timely permitted to offset the impacts of a Department of Transportation project identified in the environmental impact inventory, or the proposed mitigation does not meet state and federal requirements.

If a project is removed from the work program or the mitigation plan, costs spent by the water management district before removal are eligible for reimbursement by the Department of Transportation or Page 9 of 10 CODING:

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words underlined are additions.

Florida Senate - 2026 SB 1422 36-01104A-26 20261422__ participating transportation authority.

(b) When determining which projects to include in or exclude from the mitigation plan, the Department of Transportation shall investigate using credits from a permitted mitigation bank before those projects are submitted for inclusion in a water management district mitigation plan.

The Department of Transportation shall exclude a project from the mitigation plan if the investigation undertaken pursuant to this paragraph results in the conclusion that the use of credits from a permitted mitigation bank promotes efficiency, timeliness in project delivery, cost-effectiveness, and transfer of liability for success and long-term maintenance.

Section 5.

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