Dear Colleagues and Friends,

The 2026 Florida Legislative Session commenced on Tuesday, January 13, with over 1,700 pieces of legislation filed. During the 60-day session, many of these bills will be considered, potentially impacting your business or industry in various ways. 

Each week, the Rotunda Report provides a high-level summary of what occurred in Session during the prior week. A practicing attorney in the related industry will also provide a deeper analysis of a single piece of legislation in our Legislation Spotlight. In Week 6’s Legislation Spotlight, Stearns Weaver Miller attorney, Amelia Savage, provides an analysis of legislation impacting water policy in the state.

WEEK 6 RECAP

• Community Owners Associations: SB 1498 filed by Sen. Bradley / HB 657 filed by Rep. Porras, are not companion bills, but both create new regulations and requirements for owners associations. After SB 1498 was substantially amended in the Regulated Industries Committee, the bill was not added to the Appropriations Committee on Agriculture, Environment, and General Government Committee agenda. This committee is not scheduled to meet again this Session, which means that SB 1498 will have a difficult path forward. HB 657 was voted favorably out of the Budget Committee on Monday, February 16 and is now headed to its last reference in the Commerce Committee.  
• Qualified Contractors: SB 1138 filed by Sen. Massullo / HB 927 filed by Rep. Sapp – Requires local governments to create a registry of qualified contractors that applicants would be able to utilize when reviewing various aspects of development permits, including plats, sites, or environmental permits, in compliance with local land development regulations. SB 1138 was voted favorably out of the Judiciary Committee on Tuesday, February 10, and is scheduled to be heard by the Rules Committee next Tuesday, February 24. HB 927 was voted favorably out of the Commerce Committee on Wednesday, February 18, and is now headed to the State Affairs Committee.
• Impact Fees: SB 548 filed by Sen. McClain / HB 1139 filed by Rep. Gentry – Defines “plan-based methodology” that requires use of recent, localized data to project growth over 10 years, and introduces a definition of “extraordinary circumstances,” requiring demonstration of at least four specified local conditions to justify exceeding statutory phase-in limits for impact fee increases. SB 548 was voted favorably out of the Community Affairs Committee on Tuesday, January 20, and is now in the Finance and Tax Committee. HB 1139 was voted favorably out of the State Affairs Committee on Tuesday, February 10, and is now available to be heard by the full House. 
• Burdensome Regulations: SB 840 filed by Sen. DiCeglie – Seeks to narrow the scope of provisions in SB 180 (2025) that restricted local governments from enacting more burdensome or restrictive land use regulations in response to the 2024 Hurricane Season. SB 840 was passed by the full Senate chamber on Thursday, February 19 by a vote of 38 to 0. A related proposal (SB 218 filed by Sen. Gaetz / HB 217 filed by Rep. Abbott) that seeks to narrow only the geographic scope of SB 180 (2025) was voted favorably out of the Senate Judiciary Committee on Tuesday, February 10, and is scheduled to be heard by the Rules Committee next Tuesday, February 24. 
• Agricultural Enclaves: SB 686 filed by Sen McClain / HB 691 filed by Rep. Botana - Revises the criteria that is used to determine whether certain properties qualify as an agricultural enclave and amends the process for certifying such agricultural enclaves. SB 686 was voted favorably out of the Judiciary Committee on Tuesday, February 10, and is scheduled to be heard by the Rules Committee next Tuesday, February 24. HB 691 was voted favorably out of the State Affairs Committee on Tuesday, February 17, and is now available to be heard by the full House. 
• Infill Redevelopment: SB 1434 filed by Sen. Calatayud / HB 979 filed by Rep. Borrero - Creates the Infill Redevelopment Act, requiring local governments to allow the development of environmentally-impacted land located within the urban areas of certain large counties at similar densities and intensities as adjacent parcels under certain conditions. SB 1434 was voted favorably out of the Judiciary Committee on Tuesday, February 10, and is scheduled to be heard by the Rules Committee next Tuesday, February 24. HB 979 was voted favorably out of the Commerce Committee on Wednesday, February 18, and is now in the State Affairs Committee. 

LEGISLATION SPOTLIGHT:

WATER POLICY

Many bills have been filed this year relating to water quality, management, mitigation and resiliency. Below we highlight a few of these bills, with a focus on those that appear more likely to pass into law.

Department of Environmental Protection: SB 1510 filed by Sen. Massullo / HB 1417 filed by Rep. LaMarca. The DEP agency bill:

• Exempts residential properties over 10 acres from the mandate that all commercial and residential properties must connect to central sewer or upgrade to nutrient-reducing systems in the Indian River Lagoon area by 2030. 
• Ratifies DEP’s revisions to the minimum flows and levels (MFLs) for the Lower Santa Fe and Ichetucknee Rivers and Priority Springs. 
• Establishes revised permit procedures and expanded oversight for onsite sewage treatment and disposal (septic) systems and tightens the requirements for certain new septic and domestic wastewater facilities within certain basin management plan (BMAP) areas. 
• Creates a 60-day waiting period after an order is filed before a BMAP or amendment is effective and prohibits certain waste-related facilities within a BMAP, a reasonable assurance plan, or a pollution reduction plan. 
• Eliminates the Environmental Regulation Commission and expands the Acquisition and Restoration Council from 10 to 12 members. 

SB 1510 is scheduled to be heard by the Appropriations Committee on Agriculture, Environment, and General Government Committee next Wednesday, February 25. HB 1417 was last heard on Thursday, February 12 and is now in the State Affairs Committee. 

Stormwater Treatment: SB 848 filed by Sen. Truenow / HB 1457 filed by Reps. Gonzalez Pittman and Overdorf 

• Defines “compensating stormwater treatment” as a treatment method for discharges arising from multiple parcels and allows such treatments to act as a mitigation measure that an environmental resource permit (ERP) applicant may use to comply with water quality standards.
• Authorizes “regional stormwater management systems” as a method of compensating stormwater treatment designed to collect and treat stormwater. A permit for such a system requires an applicant to demonstrate sufficient financial assurances to ensure long-term operation and maintenance of the system. 
• Specifies that the use of a water quality enhancement area credit transfers the legal responsibility for complying with applicable regulatory requirements from the purchaser/user of the credit to the generator of the credit. 

SB 848 was voted favorably out of the last committee of reference on Tuesday, February 17, and is available to be heard by the full Senate. HB 1457 was last heard on Thursday, February 12 and is now in the State Affairs Committee.

Tributaries of the St. Johns River: SB 1066 filed by Sen. Brodeur / HB 981 filed by Rep. Duggan 

• Creates the Northeast Florida Rivers, Springs, and Community Investment Act, requiring DEP to develop a project plan for the restoration of the Ocklawaha River by July 1, 2027. 
• Establishes the Northeast Florida River and Springs Recreation and Economic Development Advisory Council and directs the Council to provide recommendations on outdoor recreation projects, grant guidelines, and economic development measures. 
• Directs DEP to develop and implement an outdoor recreation plan and a related grant program by early 2028, which must identify and implement projects that increase access to the rivers and springs for recreational activities in Clay, Marion, Putnam, and St. Johns Counties. 

Both bills have cleared their final committee stops and are available to be heard by the full Senate and full House.

Perfluoroalkyl and Polyfluoroalkyl Substances: SB 1230 filed by Sen. Harrell / HB 1019 filed by Rep. Conerly 

• Bans the use of aqueous film-forming foam (AFF) that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) unless used for emergency instruction, training, or testing. 
• The sale, purchase, or distribution of AFF is prohibited beginning July 1, 2027, and the possession and use of AFF is prohibited after July 1, 2029, with exceptions for certain airports, military and emergency firefighting applications. 

SB 1230 was voted favorably out of the Fiscal Policy Committee on Wednesday, February 18, and is available to be heard by the full Senate. HB 1019 was voted favorably out of the State Affairs Committee on Tuesday, February 17 and is scheduled to be heard by the full House next Wednesday, February 25.

Nature-based Coastal Resilience: SB 302 filed by Sen. Garcia / HB 1035 filed by Rep. Mooney 

• Requires DEP to develop design guidelines and standards to optimize nature-based solutions addressing coastal resiliency, including local mitigation strategies for erosion control, sea level rise, and storm surge. 
• DEP must initiate rulemaking to establish a statewide permitting process for such nature-based solutions by January 1, 2027; such rulemaking is subject to legislative ratification.
• Authorizes the use of nature-based methods to improve coastal resiliency, such as living seawalls, shoreline and vegetation planting, seagrass planting, wave attenuation devices, and green or hybrid green-gray stormwater infrastructure. 
• Prohibits the dredging and filling of submerged lands in certain aquatic preserves except as specified in the bill. 

SB 302 passed the Senate floor on Thursday, February 19 and was sent to the House. HB 1035 was voted favorably out of the State Affairs Committee on Tuesday, February 17 and is available to be heard by the full House.

Stearns Weaver Miller will continue to monitor legislation impacting environmental and water policy as the 2026 Session progresses.