Florida Senate - 2025 CS for CS for SB 1326
By the Appropriations Committee on Agriculture, Environment, and
General Government; the Committee on Environment and Natural
Resources; and Senator Rodriguez
601-03468-25 20251326c2
1 A bill to be entitled
2 An act relating to areas of critical state concern;
3 amending s. 255.05, F.S.; exempting a person entering
4 into a construction contract with Habitat for Humanity
5 International, Inc., or any of its affiliates from
6 executing a payment and performance bond under certain
7 circumstances; providing that the underlying real
8 property owned by the state or any county, city, or
9 political subdivision may not be subject to specified
10 lien rights; amending s. 259.105, F.S.; extending the
11 timeframe for specific Florida Forever appropriations
12 to be used for the purchase of lands in the Florida
13 Keys Area of Critical State Concern; amending s.
14 380.0552, F.S.; providing a limitation for additional
15 building permit allocations; specifying the current
16 permit allocations, based on certain evacuation
17 clearance time modeling; requiring certain cities to
18 maintain a permit allocation system to ensure certain
19 provisions are met; requiring the Administration
20 Commission to distribute permit allocations over a
21 specified period and in a specified manner; providing
22 for the allocation of building permits among certain
23 municipalities; defining the term “workforce housing”;
24 providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Paragraph (h) is added to subsection (1) of
29 section 255.05, Florida Statutes, to read:
30 255.05 Bond of contractor constructing public buildings;
31 form; action by claimants.—
32 (1) A person entering into a formal contract with the state
33 or any county, city, or political subdivision thereof, or other
34 public authority or private entity, for the construction of a
35 public building, for the prosecution and completion of a public
36 work, or for repairs upon a public building or public work shall
37 be required, before commencing the work or before recommencing
38 the work after a default or abandonment, to execute and record
39 in the public records of the county where the improvement is
40 located, a payment and performance bond with a surety insurer
41 authorized to do business in this state as surety. A public
42 entity may not require a contractor to secure a surety bond
43 under this section from a specific agent or bonding company.
44 (h) When work is done on property located within an area of
45 critical state concern which is subject to a long-term ground
46 lease of 99 years or more with Habitat for Humanity
47 International, Inc., or any of its affiliates, at the discretion
48 of the official or board who owns the subject underlying
49 property in fee simple, a person entering into a construction
50 contract providing for services or material may be exempted from
51 executing the payment and performance bond under this section,
52 provided that such leasehold interest created by the ground
53 lease of 99 years or more is subject to any claims by claimants
54 who qualify as lienors under s. 713.01 and applicable lien
55 statutes in chapter 713. The underlying real property owned by
56 the state or any county, city, or political subdivision thereof
57 or by any other public authority may not be subject to any lien
58 rights created under chapter 713.
59 Section 2. Paragraph (b) of subsection (3) of section
60 259.105, Florida Statutes, is amended to read:
61 259.105 The Florida Forever Act.—
62 (3) Less the costs of issuing and the costs of funding
63 reserve accounts and other costs associated with bonds, the
64 proceeds of cash payments or bonds issued pursuant to this
65 section shall be deposited into the Florida Forever Trust Fund
66 created by s. 259.1051. The proceeds shall be distributed by the
67 Department of Environmental Protection in the following manner:
68 (b) Thirty-five percent to the Department of Environmental
69 Protection for the acquisition of lands and capital project
70 expenditures described in this section. Of the proceeds
71 distributed pursuant to this paragraph, it is the intent of the
72 Legislature that an increased priority be given to those
73 acquisitions which achieve a combination of conservation goals,
74 including protecting Florida’s water resources and natural
75 groundwater recharge. At a minimum, 3 percent, and no more than
76 10 percent, of the funds allocated pursuant to this paragraph
77 shall be spent on capital project expenditures identified during
78 the time of acquisition which meet land management planning
79 activities necessary for public access. Beginning in the 2017
80 2018 fiscal year and continuing through the 2035-2036 2026-2027
81 fiscal year, at least $5 million of the funds allocated pursuant
82 to this paragraph shall be spent on land acquisition within the
83 Florida Keys Area of Critical State Concern as authorized
84 pursuant to s. 259.045.
85 Section 3. Paragraph (a) of subsection (9) of section
86 380.0552, Florida Statutes, is amended to read:
87 380.0552 Florida Keys Area; protection and designation as
88 area of critical state concern.—
89 (9) MODIFICATION TO PLANS AND REGULATIONS.—
90 (a) Any land development regulation or element of a local
91 comprehensive plan in the Florida Keys Area may be enacted,
92 amended, or rescinded by a local government, but the enactment,
93 amendment, or rescission becomes effective only upon approval by
94 the state land planning agency. The state land planning agency
95 shall review the proposed change to determine if it is in
96 compliance with the principles for guiding development specified
97 in chapter 27F-8, Florida Administrative Code, as amended
98 effective August 23, 1984, and must approve or reject the
99 requested changes within 60 days after receipt. Amendments to
100 local comprehensive plans in the Florida Keys Area must also be
101 reviewed for compliance with the following:
102 1. Construction schedules and detailed capital financing
103 plans for wastewater management improvements in the annually
104 adopted capital improvements element, and standards for the
105 construction of wastewater treatment and disposal facilities or
106 collection systems that meet or exceed the criteria in s.
107 403.086(11) for wastewater treatment and disposal facilities or
108 s. 381.0065(4)(l) for onsite sewage treatment and disposal
109 systems.
110 2. Goals, objectives, and policies to protect public safety
111 and welfare in the event of a natural disaster by maintaining a
112 hurricane evacuation clearance time for permanent residents of
113 no more than 24.5 24 hours or 825 permit allocations, whichever
114 is less. The hurricane evacuation clearance time shall be
115 determined by a hurricane evacuation study conducted in
116 accordance with a professionally accepted methodology and
117 approved by the state land planning agency. For purposes of
118 hurricane evacuation clearance time:
119 a. Mobile home residents are not considered permanent
120 residents.
121 b. The City of Key West Area of Critical State Concern
122 established by chapter 28-36, Florida Administrative Code, shall
123 be included in the hurricane evacuation study and is subject to
124 the evacuation requirements of this subsection.
125 c. To ensure the hurricane evacuation clearance time in
126 this subsection is met, Monroe County, the Village of
127 Islamorada, the City of Marathon, the City of Layton, and the
128 City of Key West shall each continue to maintain permit
129 allocation systems limiting the number of permits issued for new
130 residential dwelling units.
131 d. The Administration Commission shall distribute 825
132 permit allocations over a period of at least 10 years, as
133 follows:
134 (I) Monroe County shall receive 539 permit allocations, all
135 of which must be issued to vacant, buildable parcels. Only 1 of
136 the allocated building permits shall be awarded to any
137 individual parcel. Of the 539 permit allocations, 377 shall be
138 issued only for workforce housing;
139 (II) The City of Marathon shall receive 187 permit
140 allocations:
141 (A) All of which must be issued to vacant, buildable
142 parcels. Only 1 of the allocated building permits may be awarded
143 to any individual parcel; and
144 (B) Distribution of which must prioritize allocations for
145 owner-occupied residences, affordable housing, and workforce
146 housing;
147 (III) The Village of Islamorada shall receive 71 permit
148 allocations:
149 (A) All of which must be issued to vacant, buildable
150 parcels. Only 1 of the allocated building permits may be awarded
151 to any individual parcel; and
152 (B) Distribution of which must prioritize allocations for
153 owner-occupied residences, affordable housing, and workforce
154 housing; and
155 (IV) The City of Key West shall receive 28 permit
156 allocations. The housing constructed pursuant to such permits
157 must be affordable as defined in s. 420.0004.
158 e. For purposes of this subparagraph, the term “workforce
159 housing” means residential dwelling units restricted for a
160 period of no less than 99 years to occupancy by households who
161 derive at least 70 percent of their household income from
162 gainful employment in Monroe County supplying goods or services
163 to Monroe County residents or visitors.
164 Section 4. This act shall take effect July 1, 2025.