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.