HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1079 Coastal Construction and Assessments
SPONSOR(S): McFarland
TIED BILLS: IDEN./SIM. BILLS: CS/SB 298
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Agriculture, Conservation & Resiliency 16 Y, 0 N Mamontoff Moore
Subcommittee
2) Agriculture & Natural Resources Appropriations
Subcommittee
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
Saltwater intrusion is the movement of saltwater from the ocean or estuaries into freshwater aquifers. It can
occur in many ways, including through lateral encroachment from coastal waters or through the vertical
movement of saltwater near discharging wells. Sea level rise, excessive groundwater pumping, and coastal
flooding cause the ocean seawater level to be above groundwater level, leading saltwater to flow towards the
fresh groundwater source. Saltwater intrusion is a serious threat. The landward movement of seawater
threatens drinking water supplies, coastal farming, and coastal ecosystems.
The Department of Environmental Protection (DEP) regulates coastal construction to protect Florida’s beaches
and dunes from imprudent construction that can jeopardize the stability of the beach-dune system, accelerate
erosion, provide inadequate protection to upland structures, endanger adjacent properties, or interfere with
public beach access. DEP also implements the Resilient Florida Grant Program, which provides grants to local
governments and water management districts to fund community resilience planning and vulnerability
assessments.
The bill removes DEP’s authority to delegate the establishment of coastal construction zoning and building
codes to a coastal county or coastal municipality in lieu of the state established CCCL unless such codes were
approved in writing on or before December 1, 2023. In addition, any exceptions to locally established coastal
construction zoning or building codes may not be granted unless previously approved by DEP before
December 1, 2023.
The bill expands the Resilient Florida Grant Program to allow DEP to provide grants to coastal counties for
saltwater intrusion vulnerability assessments that analyze the effects of saltwater intrusion on the coastal
county’s water supply and the preparedness of the county to respond to such a threat. The bill also directs
DEP to make information related to such assessments available on its website and update its comprehensive
statewide flood vulnerability and sea level rise data set to incorporate such assessments.
The bill may have an indeterminate negative fiscal impact on DEP.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida’s Aquifers
The primary source of Florida’s drinking water supply comes from underground freshwater reserves
called aquifers.1 Florida has several prolific aquifers that yield large quantities of water to wells,
streams, lakes, and springs. The principal source of groundwater for most of the state is the Floridan
Aquifer,2 but there are several other sources throughout the state.
Present across much of the state is a shallow, non-artesian surficial aquifer. The water in this shallow
aquifer is derived primarily from local rainfall.3 There is also a non-artesian, sand-and-gravel aquifer
that is the major source of groundwater in the extreme western part of the Florida Panhandle. 4 Water in
the sand-and-gravel aquifer is derived chiefly from local rainfall. Wells tapping this aquifer furnish most
of the groundwater used in Escambia and Santa Rosa Counties, and part of Okaloosa County.
The non-artesian Biscayne Aquifer underlies an area of about 3,000 square miles in Miami-Dade,
Broward, and Palm Beach Counties on Florida's lower east coast. Water in the Biscayne Aquifer is
derived chiefly from local rainfall and, during dry periods, from canals ultimately linked to Lake
Okeechobee.5 The Biscayne Aquifer is an important water supply for the lower east coast Florida cities.
The following map depicts Florida’s major aquifer systems at land surface:
1 UF/IFAS, Florida’s Water Resources, https://edis.ifas.ufl.edu/publication/FE757 (last visited Jan. 22, 2024).
2 Id.
3 Id.
4 Id.
5 Id.
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Saltwater Intrusion
On Florida’s coasts there exists an interface where freshwater and saltwater mix that is referred to as
the zone of dispersion or the zone of transition.6 Saltwater is denser than freshwater and exerts a
constant pressure on the aquifers.7 However, as long as freshwater levels in aquifers are above sea
level, the freshwater pressure will keep the saltwater from moving inland and upward into the aquifer.
This zone is a balance point between forces from land and forces from the sea. 8 For example, a push
from the land side, such as heavy rainfall or high river flows, moves the balance point seaward.
Conversely, a push from the seaside, such as sea level rise (SLR), storm surge, or high tides move the
balance point landward.9 However, if freshwater levels fall to or below sea level, saltwater will move in,
leading to saltwater intrusion.
Saltwater intrusion is the movement of saltwater from the ocean or estuaries into freshwater aquifers. 10
It can occur in many ways, including through lateral encroachment from coastal waters or through the
vertical movement of saltwater near discharging wells.11 Major causes of saltwater intrusion, such as
SLR, excessive groundwater pumping, and coastal flooding, cause the ocean seawater level to be
higher than groundwater level, leading saltwater to flow towards the fresh groundwater source.12
Saltwater intrusion is a serious threat. The landward movement of seawater threatens drinking water
supplies, coastal farming, and coastal ecosystems. 13 Rising seas, more frequent storms, higher tides,
6 United States Geological Survey (USGS) Saltwater Intrusion, https://www.usgs.gov/mission-areas/water-
resources/science/saltwater-intrusion (last visited Jan. 12, 2024).
7 UF/IFAS, Florida’s Water Resources, https://edis.ifas.ufl.edu/publication/FE757 (last visited Jan. 22, 2024).
8 Scientific American, Holly Michael and The Conversation US, Climate Change is Mak ing Saltwater Intrusion Worse in
Coastal Areas, Oct. 13, 2023, https://www.scientificamerican.com/article/climate-change-is-making-saltwater-intrusion-
worse-in-coastal-areas/ (last visited Jan. 15, 2024).
9 Id.
10 Florida Museum, Tell me about: Saltwater intrusion in Florida, https://www.floridamuseum.ufl.edu/earth-
systems/blog/tell-me-about-saltwater-intrusion-in-florida/ (last visited Jan. 12, 2024).
11 USGS, Saltwater Intrusion, https://www.usgs.gov/mission-areas/water-resources/science/saltwat er-intrusion (last visited
Jan. 12, 2024).
12 UF/IFAS, Saltwater Intrusion and Flooding: Risk s to South Florida’s Agriculture and Potential Management Practices ,
https://edis.ifas.ufl.edu/publication/AE572 (last visited Jan. 15, 2024).
13 Coastal Resilience Partnership, Climate Change Vulnerability Assessment Executive Summary, pp.7,
https://discover.pbcgov.org/ resilience/P DF/FINAL% 20 -
%20Climate%20Change% 20Vulnerability%20Assessment%20Report%20 -%20ADA.pdf (last visited Jan. 14, 2024).
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drought, and the pressure of pumping for drinking water all accelerate saltwater intrusion. 14 Saltwater
intrusion decreases freshwater storage in aquifers and, in extreme cases, can result in the
abandonment of wells.15
Saltwater Intrusion Vulnerability Assessments
Vulnerability assessments analyze how sensitive a key resource is to a threat and are important in
understanding how easily an asset can change or adapt. 16 Conducting saltwater intrusion vulnerability
assessments is a key analytical step in adaptation planning since it identifies both ecological and
community infrastructure assets that may be impacted by saltwater intrusion.
Several assessments have already been prepared on the impact of SLR on coastal water resources.
For example, the South Florida Water Management District has evaluated saltwater intrusion in the
surficial aquifer system of the Big Cypress Basin and southwest Florida 17 and mapped the saltwater
interface in coastal aquifers within St. Lucie, Martin, Palm Beach, Broward, Collier, and Lee counties. 18
The United States Geological Survey has conducted saltwater interface mapping for Miami-Dade and
Monroe counties 19 and performed at least one evaluation of Florida’s saltwater intrusion monitoring
network.20 In addition, the Northwest Florida Water Management District has commissioned a report
evaluating saltwater intrusion in the Floridan Aquifer in Walton, Okaloosa, and Santa Rosa Counties. 21
Coastal Counties
Florida has 35 coastal counties, as depicted in the map below. 22
14 Tampa Bay Times, Coastal harm from invading saltwater ‘happening right now’
https://www.tampabay.com/news/environment/2020/ 11/23/coastal-harm-from-invading-saltwater-happening-right-now
(last visited Jan. 12, 2024).
15 USGS, Saltwater Intrusion, https://www.usgs.gov/mission-areas/water-resources/science/saltwat er-intrusion (last visited
Jan. 12, 2024).
16 Coastal Resilience Partnership, Climate Change Vulnerability Assessment Executive Summary, pp.7,
https://discover.pbcgov.org/ resilience/P DF/FINAL% 20-
%20Climate%20Change% 20Vulnerability%20Assessment%20Report%20 -%20ADA.pdf (last visited Jan. 14, 2024).
17 USGS, Saltwater Intrusion in the Surficial Aquifer System of the Big Cypress Basin, Southwest Florida, and a Proposed
Plan for Improved Salinity Monitoring: U.S. Geological Survey Open-File Report 2013-1088 (2013),
http://pubs.usgs.gov/of/2013/1088/. (last visited Jan. 24, 2024).
18 SFWMD, Saltwater Interface Monitoring and Mapping Program, Technical Publication WS-58, 1 (2020),
https://www.sfwmd.gov/sites/default/files/documents/ws-58_s wi_mapping_report_final. pdf. (last visited Jan. 23, 2024).
19 Id.
20 Scott T. Prinos, Saltwater Intrusion Monitoring in Florida, 79 FLORIDA SCIENTIST 4, 269 (Fall 2016),
https://www.jstor.org/stable/44113190 (last visited Jan. 23, 2024).
21 HydroGeoLogic, Inc., Saltwater Intrusion in the Floridan Aquifer in Walton, Ok aloosa and Santa Rosa Counties, Florida,
Eastern Model Domain, Final Report (Sept. 2007),
https://nwfwater.com/content/download/19030/ 127812/2007_09_HGL_R2_E D_model_final.pdf (last visited Jan. 23,
2024).
22 DEP, Map of Florida’s Coastal Counties, https://floridadep.gov/sites/default/files/CPI-coastal-Florida-map.pdf (last
visited Jan. 22, 2024).
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The following seven coastal counties have populations of fewer than 50,000 as of April 2023: 23
Gulf County
Franklin County
Wakulla County
Jefferson County
Taylor County
Dixie County
Levy County
State, Regional, and Local Coastal Resilience Programs
There are many state, regional, and local programs and policies in place that address issues relating to
SLR and coastal flooding. The Office of Resilience and Coastal Protection within the Department of
Environmental Protection (DEP) implements numerous programs related to SLR and coastal issues,
including the Resilient Florida Program, the Florida Resilient Coastlines Program, the Coastal
Construction Control Line Program, and the Beach Management Funding Assistance Program. 24
Through the Resilient Florida Program and the Florida Resilient Coastlines Program, DEP provides
technical assistance and funding to communities at risk due to flooding and SLR for vulnerability
assessments and adaptation projects aimed at reducing such risks.25
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
23 Office of Economic and Demographic Research, Florida Populat ion Estimates by County and Municipality as of April 1,
2023, available at http://edr.state.fl.us/Content/population-demographics/data/2023_Pop_Estimates.pdf (last visited Jan.
25, 2024).
24 DEP, Beaches, https://floridadep.gov/rcp/beaches (last visited Jan. 20, 2024).
25 See s. 380.093, F.S.; DEP, Florida Resilient Coastlines Program, https://floridadep.gov/rc p/florida-resilient-c oastlines-
program (last visited Jan. 25, 2024).
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SLR.26 The Program includes a selection of grants that are available to counties, municipalities, water
management districts (WMDs), flood control districts, and regional resilience entities.27 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 under the Resilient Florida Grant Program
and the Statewide Flooding and Sea Level Rise Resilience Plan.28
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;29
The development of projects, plans, and policies that allow communities to prepare for threats
from flooding and SRL;
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. 30
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. These grants must be used
for the express purpose of supporting the Florida Flood Hub for Applied Research and Innovation
(Flood Hub) and DEP through data creation and collection, modeling, and the implementation of
statewide standards. Priority must be given to filling critical data gaps identified by the Flood Hub.
Regionally, many local communities have collaborated together to address impacts from SLR, flooding,
and climate change.31 For example, Broward, Miami-Dade, Monroe, and Palm Beach Counties formed
the Southeast Florida Regional Climate Change Compact (Compact). The Compact’s work has
included developing a Regional Climate Action Plan and developing a Unified Sea Level Rise
Projection.32 Many local governments in southeast Florida have since incorporated the Compact’s
projections into their planning documents.
Florida’s local governments in coastal areas are required to have a coastal management element in
their comprehensive plans, known as a Peril of Flood Ordinance, that uses principles to reduce flood
risk and eliminate unsafe development in coastal areas. 33 In certain coastal areas, local governments
are authorized to establish an “adaptation action area” designation in their comprehensive plan to
develop policies and funding priorities that improve coastal resilience and plan for SLR. 34
Coastal Construction
DEP regulates coastal construction to protect Florida’s beaches and dunes from imprudent construction
that can jeopardize the stability of the beach-dune system, accelerate erosion, provide inadequate
26 DEP, Resilient Florida Program, https://floridadep.gov/ ResilientFlorida (last visited Jan. 21, 2024).
27 DEP, Resilient Florida Grants, https://floridadep.gov/ Resilient-Florida-Program/Grants (last visited Jan. 20, 2024).
28 Sections 380.093(3) and 380.093(5), F.S.
29 Sections 380.093(3)(b)(2) and 380.093(3)(c), F.S.
30 Section 380.093(3), F.S.
31 Regional Climate Leadership Summit, Southeast Florida Regional Climate Change Compact (2010),
http://southeastfloridaclimatecompact.org/wp-content/uploads/2014/09/compact.pdf (last visited Jan. 21, 2024); SFRCCC,
What is the Compact?, http://southeastfloridaclimatecompact.org/about-us/what-is-the-compact/ (last visited Jan. 21,
2024).
32 SFRCCC, Regional Climate Action Plan, http://southeastfloridaclimatecompact.org/regional -climate-action-plan/ (last
visited Jan. 21, 2024).
33 Sections 380.24, 163.3177(6)(g), and 163.3178(2)(f), F.S.; see ch. 2015-69, Laws of Fla.
34 Sections 163.3177(6)(g)10. and 163.3164(1), F.S.; see ch. 2011-139, Laws of Fla.
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