HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1581 Mangrove Replanting and Restoration
SPONSOR(S): Mooney and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 32
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Agriculture, Conservation & Resiliency 17 Y, 0 N Mamontoff Moore
Subcommittee
2) Agriculture & Natural Resources Appropriations 13 Y, 0 N Byrd Pigott
Subcommittee
3) Infrastructure Strategies Committee 23 Y, 0 N Mamontoff Harrington
SUMMARY ANALYSIS
Mangrove forests are distinct saltwater woodlands that thrive in tidal estuaries and low-energy shorelines
throughout the tropics and subtropics. 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.
Mangroves protect shorelines from damaging storm and hurricane winds, waves, and floods by functioning as
wind breaks and reducing wave action. They also play a significant ecological role as habitats for an array of
species. 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. Additionally, the highest quality seagrass beds are associated with mangrove-
fringed shorelines. The Department of Environmental Protection (DEP) administers and enforces the regulation
of mangroves in the state.
The bill requires DEP to adopt rules for mangrove replanting and restoration.
The bill directs DEP 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.
The bill directs DEP to submit a report to the Governor, the President of the Senate, and the Speaker of the
House of Representatives by July 1, 2025.
The bill may have an indeterminate negative fiscal impact on the state.
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
Mangroves
Mangrove forests are distinct saltwater woodlands that thrive in tidal estuaries and low-energy
shorelines throughout the tropics and subtropics.1 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 s outh of
Cape Canaveral on the Atlantic Coast. 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).2
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. 3 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.4 Almost all fish and shellfish caught by commercial and recreational anglers spend some part
of their life cycles in or near mangroves.5 Additionally, the highest quality seagrass beds are associated
with mangrove-fringed shorelines.6 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.7
Mangroves protect shorelines from damaging storm and hurricane winds, waves, and floods by
functioning as wind breaks and reducing wave action. 8 Mangroves’ tangled root systems help prevent
erosion by stabilizing sediments and fine substrates and reducing turbidity. 9 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. 10 The pressure to destroy
remaining mangrove habitat is increasing due to the continued urban development along Florida’s
coastline.11 Scientists have evaluated mangrove loss through aerial photos dating back to the 1940s
1 Fish and Wildlife Conservation Commission (FWC), Mangrove Forests, https://myfwc.com/research/habitat/coastal-
wetlands/mangroves/ (last visited Jan. 22, 2024).
2 Id. Buttonwood trees are not “true” mangrove species because it lacks 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.
3 Florida Museum, Importance of Mangroves,
https://www.floridamuseum.ufl.edu/southflorida/habitats/mangroves/importance -mangroves/ (last visited Jan. 22, 2024).
4 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 Feb. 24,
2024).
5 National Oceanic and Atmospheric Administration (NOAA), Mangroves and seagrass provide habitat for important
commercial and recreational species, help stabilize the seafloor, and filter pollutants,
https://floridakeys.noaa.gov/plants/msbenefits.html (last visited Jan. 22, 2024).
6 Id.
7 Florida Museum, Importance of Mangroves,
https://www.floridamuseum.ufl.edu/southflorida/habitats/mangroves/importance -mangroves/ (last visited Jan. 22, 2024).
8 Id.
9 Id.
10 Id.
11 Florida Museum, Conservation, https://www.floridamuseum.ufl.edu/southflorida/habitats/mangroves/conservation/ (last
visited Jan. 24, 2024).
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and 1950s and satellite imagery and aerial photography from the 1980s. 12 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.13
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.14 Increases occurred north of Palm Beach County, and the acreage between
Cape Canaveral and St. Augustine appears to have doubled. 15
Mangrove Protection Rule
Passed in 1996, the Mangrove Trimming and Preservation Act (Act) was enacted to regulate the
alteration of mangroves in the state.16 The Act authorizes the Department of Environmental Protection
(DEP) to administer and enforce the regulation of mangroves. 17 Under the Act, mangroves cannot be
removed, trimmed, or disturbed without a permit from DEP. The act also bans the use of herbicides and
other chemicals that could be used to defoliate mangroves. 18
Under the Act, a permit is generally required to alter or trim mangroves. 19 However, a permit to trim
mangroves is not required if homeowners who are located in a riparian mangrove fringe (RMF) follow
DEP’s trimming guidelines.20 Homeowners may trim mangroves if the mangrove height exceeds six
feet but is not taller than 10 feet.21 If mangroves are over 24 feet tall, DEP authorization is required.
Homeowners may also trim mangroves that were previously legally trimmed so long as they maintain
the previous height and configuration.22 If a property’s shoreline is greater than 150 feet in length, only
65 percent of the mangrove trees may be trimmed.23
The Act also authorizes DEP to delegate the authority to regulate mangrove trimming and alteration to
a local government upon request.24 DEP has currently delegated this authority to the following local
governments:
Miami-Dade County
Broward County
Hillsborough County
Pinellas County
Town of Jupiter Island
City of Sanibel
12 FWC, Mangrove Forests, https://myfwc.com/research/habitat/coastal-wetlands/information/mangroves/ (last visited Jan.
22, 2024).
13 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 Jan. 24, 2024).
14 DEP, Florida’s Mangroves, https://floridadep.gov/rcp/rcp/content/floridas-mangroves (last visited Jan. 24, 2024).
15 Research is ongoing to determine the impacts, both positive and negative, of this transition. Id.
16 Section 403.9324, F.S.; Florida Museum, Conservation,
https://www.floridamuseum.ufl.edu/southflorida/habitats/mangroves/conservation/ (last visited Jan. 24, 2024).
17 Section 403.9324(1), F.S.
18 Id.
19 Section 403.9328(1), F.S.
20 RMFs are areas where mangroves extend less than 50 feet deep. RMFs do not include mangroves on uninhabited land
that has been set aside for conservation or preservation, or mangroves on lands that have been set as ide as mitigation.
DEP, Mangrove Frequently Ask ed Questions, https://floridadep.gov/wat er/submerged -lands-environmental-resources-
coordination/content/mangrove-frequently-asked (last visited Jan. 22, 2024); DEP, Trimming Mangroves,
https://floridadep.gov/sites/default/files/mangrove -trimming-2-08-16.pdf (last visited Jan. 24, 2024); Sections 403.9324(7)
and 403.9325(7), F.S.
21 Mangroves cannot be trimmed to be below six feet, and mangroves over ten feet will require a professional ma ngrove
trimmer. There are no limitations on the amount or degree of trimming to be performed by a professional trimmer, other
than the requirement of mitigation if the trimming results in the destruction of more than five percent of mangroves in the
area. DEP, Trimming Mangroves, https://floridadep.gov/sites/default/files/mangrove-trimming-2-08-16.pdf (last visited Jan.
24, 2024); Section 403.9326(1)(a), F.S.
22 Id.
23 Section 403.9326(1), F.S.
24 Section 403.9324(2) - (3), F.S.
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Sarasota County25
DEP may review, biannually, the performance of local programs and may revoke their delegated
authority if it is determined that the program has failed to be properly administered and enforced. 26
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).27 When protecting coastlines, a living shoreline approach represents an alternative to
traditional hard armoring approaches such as seawalls and bulkheads. 28 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. 29
Resilient Florida 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.30 The Program includes a selection of grants that are available to counties, municipalities, water
management districts (WMDs), flood control districts, and regional resilience entities.31 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.32
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. 33
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. 34
25 DEP, Mangrove Trimming – Delegated Local Governments, https://floridadep.gov/water/submerged -lands-
environmental-resources-coordination/content/mangrove-trimming-delegat ed-local (last visited Jan. 24, 2024).
26 Section 403.9324(5), F.S.
27 Bilkovic et. al., Living Shorelines: The Science and Management of Nature-Based Coastal Protection, Taylor & Francis
Group, 11- 25 (2017); Florida Living Shorelines, Home, available at http://floridalivingshorelines.com/ (last visited Jan. 22,
2024).
28 Id.
29 Id.
30 DEP, Resilient Florida Program, https://floridadep.gov/ ResilientFlorida (last visited Jan. 21, 2024).
31 DEP, Resilient Florida Grants, https://floridadep.gov/ Resilient-Florida-Program/Grants (last visited Jan. 20, 2024).
32 Sections 380.093(3) and 380.093(5), F.S.
33 Section 380.093(3), F.S.
34 Id.
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National Flood Insurance Program Community Rating System
The National Flood Insurance Program (NFIP) was created by the passage of the National Flood
Insurance Act of 1968.35 The NFIP is administered by the Federal Emergency Management
Agency (FEMA). The program enables homeowners, business owners, and renters in participating
communities to purchase federally backed flood insurance. This insurance offers an alternative option
for disaster assistance to meet the escalating costs of repairing flood damage to buildings and their
contents.36 Participation in the NFIP is voluntary.37 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.38
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.39 Property owners within communities that participate in the CRS program
receive discounts on flood insurance premiums. 40 Premium discounts range from five to 45 percent
based on a community’s CRS credit points.41 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.42
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. 43 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. 44
Areas currently designated as ACSCs include the Big Cypress Area, 45 the Green Swamp Area,46 the
Florida Keys Area,47 the Brevard Barrier Island Area,48 and the Apalachicola Bay Area.49
35 42 U.S.C. 4001 et seq.
36 Benefits.gov, National Flood Insur