Senate Bill 1792 (2025) — Dry sandy beaches
SB 1792
Florida Bills
Florida Senate - 2025 SB 1792 By Senator Gruters 22-01803-25 20251792__ Page 1 of 12 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to dry sandy beaches; reenacting and 2 amending s. 196.26, F.S.; revising the definition of 3 the term “conservation purposes”; revising 4 requirements for tax exemptions for certain real 5 property; revising factors the Acquisition and 6 Restoration Council must consider in determining 7 whether land yields a significant public benefit, for 8 the purposes of determining eligibility for the tax 9 exemptions; reenacting and amending s. 259.032, F.S.; 10 revising purposes for which the Governor and Cabinet 11 may expend moneys appropriated by the Legislature to 12 acquire the fee or any lesser interest in lands; 13 amending s. 259.035, F.S.; revising the composition of 14 the Acquisition and Restoration Council; amending s. 15 259.036, F.S.; revising the composition of the 16 regional land management review team; amending s. 17 259.04, F.S.; revising the goal of a comprehensive, 18 statewide 5-year plan to conserve, restore, and 19 protect certain lands; amending s. 259.105, F.S.; 20 providing legislative findings; requiring the Division 21 of State Lands and the Office of Resilience and 22 Coastal Protection to establish a pilot program to 23 conduct an inventory of dry sandy beaches in 24 preparation for a specified application; providing 25 requirements for such inventory; reenacting s. 26 196.011(7)(
b) and (10)(c), F.S., relating to the 27 annual application required for exemption, to 28 incorporate the amendment made to s. 196.26, F.S., in 29
Florida Senate - 2025 SB 1792 22-01803-25 20251792__ Page 2 of 12 CODING: Words stricken are deletions; words underlined are additions. a reference thereto; reenacting ss. 259.03(1), 30 369.307(5), and 380.0666(12), F.S., relating to 31
definitions, developments of regional impact in the 32 Wekiva River Protection Area and land acquisition, and 33 powers of the land authority, respectively, to 34 incorporate the amendment made to s. 259.035, F.S., in 35 references thereto; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39
Section 1. Paragraph (
c) of subsection (1) and subsection 40 (4) of
section 196.26, Florida Statutes, are amended, and 41 subsection (9) of that
section is reenacted, to read: 42 196.26 Exemption for real property dedicated in perpetuity 43 for conservation purposes.— 44
(1) As used in this section: 45 (c) “Conservation purposes” means: 46 1. Serving a conservation purpose, as defined in 26 U.S.C. 47 s. 170(h)(4)(A)(i)-(iii), for land which serves as the basis of 48 a qualified conservation contribution under 26 U.S.C. s. 170(h); 49 or 50 2.a. Retention of the substantial natural value of land, 51 including woodlands, wetlands, watercourses, ponds, streams, dry 52 sandy beaches, and natural open spaces; 53 b. Retention of such lands as suitable habitat for fish, 54 plants, or wildlife; or 55 c. Retention of such lands’ natural value for water quality 56 enhancement or water recharge. 57
(4) Land that comprises less than 40 contiguous acres, 58
Florida Senate - 2025 SB 1792 22-01803-25 20251792__ Page 3 of 12 CODING: Words stricken are deletions; words underlined are additions. excluding dry sandy beach parcels, does not qualify for the 59 exemption provided in this
section unless, in addition to 60 meeting the other requirements of this section, the use of the 61 land for conservation purposes is determined by the Acquisition 62 and Restoration Council created in s. 259.035 to fulfill a 63 clearly delineated state conservation policy and yield a 64 significant public benefit. In making its determination of 65 public benefit, the Acquisition and Restoration Council must 66 give particular consideration to land that: 67 (
a) Contains a natural sinkhole or natural spring that 68 serves a water recharge or production function; 69 (
b) Contains a unique geological feature; 70 (
c) Provides habitat for endangered or threatened species; 71 (
d) Provides nursery habitat for marine and estuarine 72 species; 73 (
e) Provides protection or restoration of vulnerable 74 coastal areas; 75 (
f) Preserves natural shoreline habitat; or 76 (
g) Provides retention of natural open space in otherwise 77 densely built-up areas; or. 78 (
h) Contains dry sandy beaches. 79 80 Any land approved by the Acquisition and Restoration Council 81 under this subsection must have a management plan and a 82 designated manager who will be responsible for implementing the 83 management plan. 84
(9) The Acquisition and Restoration Council, created in s. 85 259.035, shall maintain a list of nonprofit entities that are 86 qualified to enforce the provisions of a conservation easement. 87
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Section 2. Paragraph (
l) is added to subsection (2) of 88
section 259.032, Florida Statutes, and subsection (1) of that 89
section is reenacted, to read: 90 259.032 Conservation and recreation lands.— 91
(1) It is the policy of the state that the citizens of this 92 state shall be assured public ownership of natural areas for 93 purposes of maintaining this state’s unique natural resources; 94 protecting air, land, and water quality; promoting water 95 resource development to meet the needs of natural systems and 96 citizens of this state; promoting restoration activities on 97 public lands; and providing lands for natural resource-based 98 recreation.
In recognition of this policy, it is the intent of 99 the Legislature to provide such public lands for the people 100 residing in urban and metropolitan areas of the state, as well 101 as those residing in less populated, rural areas.
It is the 102 further intent of the Legislature, with regard to the lands 103 described in paragraph (2)(c), that a high priority be given to 104 the acquisition, restoration, and management of such lands in or 105 near counties exhibiting the greatest concentration of 106 population and, with regard to the lands described in subsection 107 (2), that a high priority be given to acquiring lands or rights 108 or interests in lands that advance the goals and objectives of 109 the Fish and Wildlife Conservation Commission’s approved species 110 or habitat recovery plans, or lands within any area designated 111 as an area of critical state concern under s. 380.05 which, in 112 the judgment of the advisory council established pursuant to s. 113 259.035, or its successor, cannot be adequately protected by 114 application of land development regulations adopted pursuant to 115 s. 380.05.
Finally, it is the Legislature’s intent that lands 116
Florida Senate - 2025 SB 1792 22-01803-25 20251792__ Page 5 of 12 CODING: Words stricken are deletions; words underlined are additions. acquired for conservation and recreation purposes be managed in 117 such a way as to protect or restore their natural resource 118 values, and provide the greatest benefit, including public 119 access, to the citizens of this state. 120
(2) The Governor and Cabinet, sitting as the Board of 121 Trustees of the Internal Improvement Trust Fund, may expend 122 moneys appropriated by the Legislature to acquire the fee or any 123 lesser interest in lands for any of the following public 124 purposes: 125 (
a) To conserve and protect environmentally unique and 126 irreplaceable lands that contain native, relatively unaltered 127 flora and fauna representing a natural area unique to, or scarce 128 within, a region of this state or a larger geographic area; 129 (
b) To conserve and protect lands within designated areas 130 of critical state concern, if the proposed acquisition relates 131 to the natural resource protection purposes of the designation; 132 (
c) To conserve and protect native species habitat or 133 endangered or threatened species, emphasizing long-term 134 protection for endangered or threatened species designated G-1 135 or G-2 by the Florida Natural Areas Inventory, and especially 136 those areas that are special locations for breeding and 137 reproduction; 138 (
d) To conserve, protect, manage, or restore important 139 ecosystems, landscapes, and forests, if the protection and 140 conservation of such lands is necessary to enhance or protect 141 significant surface water, groundwater, coastal, recreational, 142 timber, or fish or wildlife resources which cannot otherwise be 143 accomplished through local and state regulatory programs; 144 (
e) To promote water resource development that benefits 145
Florida Senate - 2025 SB 1792 22-01803-25 20251792__ Page 6 of 12 CODING: Words stricken are deletions; words underlined are additions. natural systems and citizens of the state; 146 (
f) To facilitate the restoration and subsequent health and 147 vitality of the Florida Everglades; 148 (
g) To provide areas, including recreational trails, for 149 natural resource-based recreation and other outdoor recreation 150 on any part of any site compatible with conservation purposes; 151 (
h) To preserve significant archaeological or historic 152 sites; 153 (
i) To conserve urban open spaces suitable for greenways or 154 outdoor recreation which are compatible with conservation 155 purposes; 156 (
j) To preserve agricultural lands under threat of 157 conversion to development through less-than-fee acquisitions; or 158 (
k) To complete critical linkages through fee or less-than-159 fee acquisitions that will help preserve and protect the green 160 and blue infrastructure and vital habitat for wide-ranging 161 wildlife, such as the Florida panther, within the Florida 162 wildlife corridor as defined in s. 259.1055(4); or 163 (
l) To protect dry sandy beaches and provide areas, 164 including public parking and ancillary facilities, related to 165 public dry sandy beach access. 166
Section 3. Paragraphs (
a) and (
b) of subsection (1) of 167
section 259.035, Florida Statutes, are amended to read: 168 259.035 Acquisition and Restoration Council.— 169
(1) There is created the Acquisition and Restoration 170 Council. 171 (
a) The council shall consist be composed of 12 10 voting 172 members, 5 4 of whom shall be appointed by the Governor. Of 173 these five four appointees, three must shall be from scientific 174
Florida Senate - 2025 SB 1792 22-01803-25 20251792__ Page 7 of 12 CODING: Words stricken are deletions; words underlined are additions. disciplines related to land, water, or environmental sciences, 175 and the fourth must shall have at least 5 years of experience in 176 managing lands for both active and passive types of recreation, 177 and the fifth must be a specialist in beach and shore 178 preservation or the management of public dry sandy beaches.
They 179 shall serve 4-year terms, except that, initially, to provide for 180 staggered terms, two of the appointees shall serve 2-year terms. 181 All subsequent appointments shall be for 4-year terms. An 182 appointee may not serve more than 6 years. The Governor may at 183 any time fill a vacancy for the unexpired term of a member 184 appointed under this paragraph. 185 (
b) The five four remaining appointees shall consist be 186 composed of the Secretary of Environmental Protection, the 187 director of the Florida Forest Service of the Department of 188 Agriculture and Consumer Services, the executive director of the 189 Fish and Wildlife Conservation Commission, and the director of 190 the Division of Historical Resources of the Department of State, 191 and the director of the Office of Resilience and Coastal 192 Protection, or their respective designees. 193
Section 4. Paragraph (
a) of subsection (1) of
section 194 259.036, Florida Statutes, is amended to read: 195 259.036 Management review teams.— 196
(1) To determine whether conservation, preservation, and 197 recreation lands titled in the name of the board are being 198 managed for purposes that are compatible with conservation, 199 preservation, or recreation in accordance with a land management 200 plan adopted pursuant to s. 259.032, the board, acting through 201 the department, shall cause periodic management reviews to be 202 conducted as follows: 203
Florida Senate - 2025 SB 1792 22-01803-25 20251792__ Page 8 of 12 CODING: Words stricken are deletions; words underlined are additions. (
a) The department shall establish a regional land 204 management review team composed of the following members: 205 1. One individual who is from the county or local community 206 in which the parcel or project is located and who is selected by 207 the county commission in the county which is most impacted by 208 the acquisition. 209 2. One individual from the Division of Recreation and Parks 210 of the department. 211 3. One individual from the Florida Forest Service of the 212 Department of Agriculture and Consumer Services. 213 4. One individual from the Fish and Wildlife Conservation 214 Commission. 215 5.
One individual from the department’s district office in 216 which the parcel is located. 217 6. A private land manager, preferably from the local 218 community, mutually agreeable to the state agency 219 representatives. 220 7. A member or staff from the jurisdictional water 221 management district or local soil and water conservation 222 district board of supervisors. 223 8. A member of a conservation organization. 224 9. One individual from the Office of Resilience and Coastal 225 Protection. 226
Section 5. Paragraph (
a) of subsection (1) of
section 227 259.04, Florida Statutes, is amended to read: 228 259.04 Board; powers and duties.— 229
(1) For projects and acquisitions selected for purchase 230 pursuant to ss. 259.035 and 259.105: 231 (
a) The board is given the responsibility, authority, and 232
Florida Senate - 2025 SB 1792 22-01803-25 20251792__ Page 9 of 12 CODING: Words stricken are deletions; words underlined are additions. power to develop and execute a comprehensive, statewide 5-year 233 plan to conserve, restore, and protect environmentally 234 endangered lands, ecosystems, lands necessary for outdoor 235 recreational needs, dry sandy beaches, and other lands as 236 identified in ss. 259.032 and 259.105. This plan shall be kept 237 current through continual reevaluation and revision. The 238 advisory council or its successor shall assist the board in the 239 development, reevaluation, and revision of the plan. 240
Section 6. Subsection (21) is added to
section 259.105, 241 Florida Statutes, to read: 242 259.105 The Florida Forever Act.— 243 (21)(
a) The Legislature finds that Florida beaches are an 244 extremely valuable economic and recreational resource. If this 245 state fails to adequately prioritize the acquisition and 246 management of public beaches, adequate provisions for such 247 beaches will not be made to ensure public access. Therefore, the 248 Division of State Lands and the Office of Resilience and Coastal 249 Protection shall establish a pilot program to conduct an 250 inventory of existing dry sandy beaches in preparation for an 251 application to the Acquisition and Restoration Council pursuant 252 to subsection (7).
The inventory must do all of the following: 253 1. Determine the number of dry sandy beaches in this state. 254 2. Investigate the adequacy of existing public dry sandy 255 beaches. 256 3. Identify deficiencies in existing public dry sandy 257 beaches relating to public access and ancillary facilities. 258 4. Determine criteria for selecting and prioritizing the 259 acquisition of privately owned beach parcels. Such selection 260 criteria must prioritize acquiring suitable contiguous dry sandy 261
Florida Senate - 2025 SB 1792 22-01803-25 20251792__ Page 10 of 12 CODING: Words stricken are deletions; words underlined are additions. beach parcels and expanding the acreage of existing dry sandy 262 beaches in heavily populated counties. 263 5. Determine specific criteria and numeric performance 264 standards pursuant to subsection (7). 265 (
b) The Division of State Lands and the Office of 266 Resilience and Coastal Protection shall use the inventory to 267 prepare their application to the Acquisition and Restoration 268 Council pursuant to subsection (7). 269
Section 7. For the purpose of incorporating the amendment 270 made by this act to
section 196.26, Florida Statutes, in 271 references thereto, paragraph (
b) of subsection (7) and 272 paragraph (
c) of subsection (10) of
section 196.011, Florida 273 Statutes, are reenacted to read: 274 196.011 Annual application required for exemption.— 275 (7) 276 (
b) Once an original application for tax exemption has been 277 granted under s. 196.26, the property owner is not required to 278 file a renewal application until the use of the property no 279 longer complies with the restrictions and requirements of the 280 conservation easement. 281 (10) 282 (
c) The owner of any property granted an exemption under s. 283 196.26 shall notify the property appraiser promptly whenever the 284 use of the property no longer complies with the restrictions and 285 requirements of the conservation easement. If the property owner 286 fails to so notify the property appraiser and the property 287 appraiser determines that for any year within the preceding 10 288 years the owner was not entitled to receive the exemption, the 289 owner of the property is subject to taxes exempted as a result 290
Florida Senate - 2025 SB 1792 22-01803-25 20251792__ Page 11 of 12 CODING: Words stricken are deletions; words underlined are additions. of the failure plus 18 percent interest per annum and a penalty 291 of 100 percent of the taxes exempted. The provisions for tax 292 liens in paragraph (
a) apply to property granted an exemption 293 under s. 196.26. 294
Section 8. For the purpose of incorporating the amendment 295 made by this act to
section 259.035, Florida Statutes, in a 296 reference thereto, subsection (1) of
section 259.03, Florida 297 Statutes, is reenacted to read: 298 259.03
Definitions.—The following terms and phrases when 299 used in this
chapter shall have the meanings ascribed to them in 300 this section, except where the context clearly indicates a 301 different meaning: 302 (1) “Council” means that council established pursuant to s. 303 259.035. 304
Section 9. For the purpose of incorporating the amendment 305 made by this act to
section 259.035, Florida Statutes, in a 306 reference thereto, subsection (5) of
section 369.307, Florida 307 Statutes, is reenacted to read: 308 369.307 Developments of regional impact in the Wekiva River 309 Protection Area; land acquisition.— 310
(5) The Department of Environmental Protection is directed 311 to proceed to negotiate for acquisition of conservation and 312 recreation lands projects within the Wekiva River Protection 313 Area provided that such projects have been deemed qualified 314 under statutory and rule criteria for purchase and have been 315 placed on the priority list for acquisition by the advisory 316 council created in s. 259.035 or its successor. 317
Section 10. For the purpose of incorporating the amendment 318 made by this act to
section 259.035, Florida Statutes, in a 319
Florida Senate - 2025 SB 1792 22-01803-25 20251792__ Page 12 of 12 CODING: Words stricken are deletions; words underlined are additions. reference thereto, subsection (12) of
section 380.0666, Florida 320 Statutes, is reenacted to read: 321 380.0666 Powers of land authority.—The land authority shall 322 have all the powers necessary or convenient to carry out and 323 effectuate the purposes and provisions of this act, including 324 the following powers, which are in addition to all other powers 325 granted by other provisions of this act: 326
(12) To identify parcels of land within the area or areas 327 of critical state concern that would be appropriate acquisitions 328 by the state and recommend such acquisitions to the advisory 329 council established pursuant to s. 259.035 or its successor. 330