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Audubon Florida
Florida Legislative Session and Policy Update
We are in the second week of the 2025 Florida Legislative Session. Policy staff worked on critical bills affecting Florida’s landscapes and quality of life, while the science team released Audubon’s summary of the South Florida Wading Bird Report.

Highlights this week:

- Newly released numbers on South Florida wading bird nesting in 2022 and 2023 detail two challenging nesting seasons for the region’s heron, egrets, and allies. In context, the overall trend in nesting continues to be positive—a direct result of Everglades restoration.

- Bill would drive sprawl, override voter’s wishes, and eliminate public’s rights to public hearings. 

- Rulemaking bill aims for efficiency, but if agencies lack sufficient capacity, result could be a reduction in protections.

- Proposed stormwater measures could reduce flooding during storms.

- Changes to wetland mitigation rules could worsen flooding and restoration issues in Florida’s most developed watersheds.

- Mandating flood disclosure to all rental properties would protect consumers and help market forces steer communities away from new flood-prone developments.

- You’re invited! Flood resilience opportunity.

- And more.
a Great Egret standing on a nest with two chicks
South Florida Wading Bird Nesting is Key Measure of Everglades Restoration
Audubon Florida released a summary of the South Florida Water Management District’s South Florida Wading Bird Report for 2022 and 2023, published earlier this week.  

System-wide wading bird nesting in 2022 and 2023 was significantly lower compared to the exceptional highs of 2018 and 2021. However, 2022-2023 levels still demonstrate a steady increase in wading bird nesting in the Everglades — a result of ongoing restoration efforts. 

A healthy Everglades ecosystem is resilient and capable of supporting exceptionally large populations of nesting wading birds. When conditions are right, the birds are ready. Although water level conditions in 2022 and 2023 were less ideal, the 52,532 and 46,174 nests recorded in those years were more than double those from 1999, a year once considered "exceptional" due to ideal foraging conditions. This demonstrates significant progress since the 1990s, likely driven by the completion of key projects under the Comprehensive Everglades Restoration Plan (CERP) and better water management practices.

“The birds tell us that we have made progress on Everglades restoration, but we can’t take our foot off the gas pedal,” says Audubon Everglades Policy Director Kelly Cox. “We need to keep these historic levels of funding for restoration to continue to create a more resilient future for both birds and people in South Florida." Read our report summary and check out the infographic below.
an infographic summarizing the report
Above: Great Egret. Photo: Brady Linkous/Audubon Photography Awards
A brown duck with a yellow bill in a wetland
Bill Would Drive Sprawl, Override Voter’s Wishes, and Eliminate Public’s Rights to Public Hearings
SB 1118 by Sen. McClain (R-Ocala) and HB 1209 by Rep. Kevin Steele (R- Hudson), Land Use and Development Regulations, would cripple local governments’ ability to protect rural areas and other natural assets from sprawl through the comprehensive plan process. 

Under these bills, agricultural lands would be eligible for development if they are at least 50% adjacent to urban, industrial, or residential land uses (which would then make their neighbor adjacent to urban, industrial, or residential land uses, and on and on—the definition of sprawl). This would override any comprehensive plan designation on the subject property. Further, the administrative decision would never have to be presented to the local government’s county or city commission for public comment. It would be simply handled behind closed doors by staff. 

The bill would, however, require a “super majority” vote for any changes in comprehensive plans which impose stricter requirements on land use or development, provide for automatic approval of applications for plan changes if local governments do not act on an application within 180 days, and provide for automatic administrative approval of “infill development” regardless of the designated comprehensive plan category. Overall, the bills would largely preclude the ability of local governments to protect rural areas, and nullify provisions such as Marion County’s Farmland Preservation Area, as well as rural protection provisions in the Seminole and Orange County Charters. Neither of these bills have been heard in committee yet.  

Additionally, Sen. McClain filed an amendment today that would invalidate the provisions blocking attempts by the owners of Deseret Ranch to annex 80 square miles of their holdings in eastern Orange County into the City of Orlando, where land regulations would allow greater impacts to the property’s natural resources when the owners move to develop it. 

SB 1118 is on the agenda of the Community Affairs Committee meeting on Monday, March 17, at 4 p.m.  

For additional details on the harmful effect of this legislation, see this material from Horse Farms Forever. 
  
Mottled Duck. Photo: Don MacCarter/Audubon Photography Awards
Swallow-tailed Kite flying over grass
Rulemaking Bill Aims for Efficiency, but Could Reduce Protections by Overwhelming Agencies
Sponsored by Sen. Grall (R-Vero Beach) and Sen. Burgess (R-Zephyrhills), SB 108 requires state agencies to regularly review existing rules in coordination with the Legislature’s Joint Administrative Procedures Committee and determine whether they are no longer needed or need updating. Each agency must review about 20% of its rules annually and submit a five-year review plan as part of their annual regulatory plan. The bill also establishes a 90-day deadline for agencies to publish proposed rules after new laws take effect. 

By requiring these new reviews of existing rules, the bill aims to ensure that rules are still relevant and do not become outdated or overly burdensome for businesses and citizens. Conversely, with no additional capacity provided, agencies may find the added responsibility of conducting annual reviews and submitting five-year schedules burdensome, straining resources otherwise spent implementing environmental protections—especially for smaller agencies.   

The bill passed unanimously through the Senate Rules Committee (Chair, Sen. Passidomo (R-Naples)). The House companion, HB 433, was filed by Rep. Overdorf (R-St. Lucie).  
 
Above: Swallow-tailed Kite. Photo: Donald Wuori/Audubon Photography Awards
Eastern Bluebird standing on a branch
Stormwater Management Measure to Reduce Flooding Lacks House Sponsor
Florida communities have been ravaged by storm surge and rainfall-driven flooding in the last few years. Stormwater Management Systems, SB 810, by Sen. Burgess (R-Zephyrhills), would help communities mitigate flooding by requiring local governments to inspect stormwater management systems before each hurricane season, and report those results to the Division of Emergency Management. Inland and coastal flooding is exacerbated as development and impervious surface area increases.  

SB 810 passed the Senate Environment and Natural Resources Committee this week. No House companion has been filed to date. 
Above: Eastern Bluebird. Photo: Sujata Roy/Great Backyard Bird Count
Osprey in a nest.
Troubling Wetland Mitigation Bill Could Worsen Flooding, Slow Restoration
When developments impact wetlands, state and federal law requires that the wetlands are replaced elsewhere—often through “mitigation banks” that sell credits to developers and use those funds to restore and preserve wetlands. Historically, the rules have required replacement wetlands to be the same size, type, and in the same watershed as to the impacts, to achieve a “no net loss” standard of wetland functions—which are important to protect communities from flooding, harmful algal blooms, and ensure water supply. Unfortunately, some of Florida’s most developed watersheds are running short of local wetlands to use as mitigation credits.  

SB 492 (Sen. McClain (R-Ocala)) is intended to address mitigation banking credit shortages in watersheds across the state. The House companion is HB 1175, sponsored by Rep. Duggan (R-Jacksonville).  

This bill would reduce assurances that mitigation wetlands are truly replacing those impacted by development. 

The bill proposes a credit release system that allows up to 60% of credits to be issued within the first two years before a bank meets interim success criteria (i.e. before the project makes progress on restoration). It also allows project applicants to use mitigation credits from outside a mitigation service area when an insufficient number or type of credits are available within the impacted area. This means that developers or industries causing environmental harm can purchase "credits" from a mitigation bank located far from the impact site, rather than restoring or preserving land nearby.

Mitigation is intended to offset environmental harm, but if the mitigation site is permitted to be in a different watershed from the wetland impacts, some watersheds could have a net loss of wetlands while others see gains. Communities in these net loss watersheds would see declines in the flood protection, nutrient reduction, wildfire protection, and wildlife habitat benefits that wetlands provide. Ironically, communities in the net gain watersheds could see their own growth constrained by selling their local credits to distant watersheds.  

Audubon policy staff are working with the bill sponsor to balance demands to address bank credit shortages with the needs of the environment and keeping our communities protected from flooding. This week, SB 492 passed the Senate Environment and Natural Resources Committee (Chair, Sen. Rodriguez (R-Doral)).

 
Above: Osprey. Photo: Brady Karg/Audubon.
a car drives through a flood
Flood Disclosure Bill Would Expand Provision to All Renters
HB 1015 (Rep. Hunschofsky (R-Coconut Creek)) and SB 948 (Sen. Bradley (R-Flemming Island)) expand the scope of the flood disclosure bill passed last year that required flood risk disclosures in home sales. The bill expands this provision to all renters.

Landlords must deliver a flood disclosure to tenants prior to signing a rental agreement, including the property's flood damage history, and encourage the purchase of flood insurance. These types of disclosures empower tenants to make informed decisions about their housing, potentially mitigating risks to property and personal safety, while allowing them to take proactive steps like seeking flood insurance. This protects consumers and helps market forces steer communities away from new flood-prone developments. 

This week, HB1015 passed the Natural Resources and Disaster Subcommittee (Chair, Rep. Botana (R-Bonita Springs)) and SB 948 passed the Senate Judiciary Committee (Chair, Sen. Yarborough (R-Jacksonville)).
Snowy Egret in the water
You're Invited! Flood Resilience Opportunity
Flooding is a growing threat to Florida's homes, businesses, roads, and schools—and poorly sited development is making it worse. Join us for a free webinar introducing From Risk to Resilience: An Advocate's Guide to Smarter Flood Protection in Florida—a practical resource designed to help everyday Floridians push for common-sense, science-backed flood solutions in their neighborhoods.

In this session, we’ll break down key takeaways from the guide, share simple steps you can take to work with local officials, and provide helpful tools to make your voice heard. Whether you're concerned about flooding in your neighborhood, worried about the impact on Florida’s natural ecosystems, or simply want to protect our state’s future, this webinar will show you how local governments can make smarter decisions to reduce flood risks—with the right push from engaged community members like you.
Snowy Egret. Photo: Sharon Milligan/Great Backyard Bird Count
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