EPC legal staff outlines 2026 bills affecting coastal resiliency, easements and local enforcement

Beth Lee of the EPC legal department provided a legislative update on bills the department is tracking in the 2026 session (Jan. 13–Mar. 13). She described nature-based coastal resiliency proposals—Senate Bill 302 and House Bill 1035—that would direct the Florida Department of Environmental Protection to develop rules and guidance for nature-based methods such as mangrove rehabilitation and green shoreline infrastructure to reduce erosion and address sea-level rise.

Lee summarized proposed changes to sovereign-immunity law in House Bill 145 and Senate Bill 1366 that would alter monetary claim limits in future years; she described differing dollar amounts and indexing proposals in each bill and noted HB 145 has passed the House and been transmitted in Senate messages while SB 1366 has moved through two committees. On land-and-water-management bills, Lee said earlier broad preemption language was narrowed in committee and that House Bill 479 and Senate Bill 718 currently focus on minimum wetland buffers (a 15-foot minimum and an average width of 25 feet), and she noted the bills would not affect interagency or interlocal agreements with FDEP or the water management districts.

Lee also reviewed measures that would require water-management districts to consider releasing certain conservation easements upon owner application if parcels meet enumerated criteria and obtain mitigation credits; she said one draft would allow statewide mitigation-bank credits for easement release rather than limiting mitigation within the original basin. Finally, she noted public-records bills proposing a three-day response requirement with limited fee authority and an agency acknowledgement practice; EPC currently acknowledges requests within one day and provides one hour of services before charging fees.

Commission discussion focused on which bills are moving in committee and whether the commission should add positions on specific bills; staff offered to track movement and provide the board options for a legislative agenda.