FL
Florida House Bill H0995

Florida 2025 Regular Session

Florida House Bill H0995 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to areas of critical state concern; 2
1616 amending s. 255.05, F.S.; providing an exemption from 3
1717 specified payment and performance bond requirements 4
1818 for specified entities; amending s. 259.105, F.S.; 5
1919 extending specific Florida Forever appropriations to 6
2020 be used for the purchase of lands in the Florida Keys 7
2121 Area of Critical State Concern; amending s. 380.0552, 8
2222 F.S.; revising the requirements for specified l ocal 9
2323 comprehensive plans in the Florida Keys Area relating 10
2424 to the hurricane evacuation clearance time for 11
2525 permanent residents; requiring certain entities to 12
2626 maintain building permit allocation systems; providing 13
2727 for the award of additional building permit 14
2828 allocations for specified entities; providing 15
2929 requirements for the award of such building permits; 16
3030 defining the term "workforce housing"; providing an 17
3131 effective date. 18
3232 19
3333 Be It Enacted by the Legislature of the State of Florida: 20
3434 21
3535 Section 1. Paragraph (h) is added to subsection (1) of 22
3636 section 255.05, Florida Statutes, to read: 23
3737 255.05 Bond of contractor constructing public buildings; 24
3838 form; action by claimants. — 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 (1) A person entering into a formal contract with the 26
5252 state or any county, city, or politi cal subdivision thereof, or 27
5353 other public authority or private entity, for the construction 28
5454 of a public building, for the prosecution and completion of a 29
5555 public work, or for repairs upon a public building or public 30
5656 work shall be required, before commencing the work or before 31
5757 recommencing the work after a default or abandonment, to execute 32
5858 and record in the public records of the county where the 33
5959 improvement is located, a payment and performance bond with a 34
6060 surety insurer authorized to do business in this stat e as 35
6161 surety. A public entity may not require a contractor to secure a 36
6262 surety bond under this section from a specific agent or bonding 37
6363 company. 38
6464 (h) A person may be exempted from executing the payment 39
6565 and performance bond required under this subsection if the 40
6666 following conditions are met: 41
6767 1. The work is done on property located within an area of 42
6868 critical state concern which is subject to a long -term ground 43
6969 lease of 99 years or more with Habitat for Humanity 44
7070 International, Inc., or any of its local affilia tes, at the 45
7171 discretion of the official or board that owns the subject 46
7272 underlying property in fee simple. 47
7373 2. The leasehold interest created by the ground lease of 48
7474 99 years or more is subject to any claims by claimants who are 49
7575 lienors as defined in s. 713. 01 and applicable lien provisions 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 in chapter 713. The underlying real property owned by the state, 51
8989 or any county, city, or political subdivision thereof, or other 52
9090 public authority is not subject to any lien rights created under 53
9191 chapter 713. 54
9292 Section 2. Paragraph (b) of subsection (3) of section 55
9393 259.105, Florida Statutes, is amended to read: 56
9494 259.105 The Florida Forever Act. — 57
9595 (3) Less the costs of issuing and the costs of funding 58
9696 reserve accounts and other costs associated with bonds, the 59
9797 proceeds of cash payments or bonds issued pursuant to this 60
9898 section shall be deposited into the Florida Forever Trust Fund 61
9999 created by s. 259.1051. The proceeds shall be distributed by the 62
100100 Department of Environmental Protection in the following manner: 63
101101 (b) Thirty-five percent to the Department of Environmental 64
102102 Protection for the acquisition of lands and capital project 65
103103 expenditures described in this section. Of the proceeds 66
104104 distributed pursuant to this paragraph, it is the intent of the 67
105105 Legislature that an increased pri ority be given to those 68
106106 acquisitions which achieve a combination of conservation goals, 69
107107 including protecting Florida's water resources and natural 70
108108 groundwater recharge. At a minimum, 3 percent, and no more than 71
109109 10 percent, of the funds allocated pursuant t o this paragraph 72
110110 shall be spent on capital project expenditures identified during 73
111111 the time of acquisition which meet land management planning 74
112112 activities necessary for public access. Beginning in the 2017 -75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 2018 fiscal year and continuing through the 2035-2036 2026-2027 76
126126 fiscal year, at least $5 million of the funds allocated pursuant 77
127127 to this paragraph shall be spent on land acquisition within the 78
128128 Florida Keys Area of Critical State Concern as authorized 79
129129 pursuant to s. 259.045. 80
130130 Section 3. Paragraph (a) of s ubsection (9) of section 81
131131 380.0552, Florida Statutes, is amended to read: 82
132132 380.0552 Florida Keys Area; protection and designation as 83
133133 area of critical state concern. — 84
134134 (9) MODIFICATION TO PLANS AND REGULATIONS. — 85
135135 (a) Any land development regulation or element of a local 86
136136 comprehensive plan in the Florida Keys Area may be enacted, 87
137137 amended, or rescinded by a local government, but the enactment, 88
138138 amendment, or rescission becomes effective only upon approval by 89
139139 the state land planning agency. The state land p lanning agency 90
140140 shall review the proposed change to determine if it is in 91
141141 compliance with the principles for guiding development specified 92
142142 in chapter 27F-8, Florida Administrative Code, as amended 93
143143 effective August 23, 1984, and must approve or reject the 94
144144 requested changes within 60 days after receipt. Amendments to 95
145145 local comprehensive plans in the Florida Keys Area must also be 96
146146 reviewed for compliance with the following: 97
147147 1. Construction schedules and detailed capital financing 98
148148 plans for wastewater manageme nt improvements in the annually 99
149149 adopted capital improvements element, and standards for the 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 construction of wastewater treatment and disposal facilities or 101
163163 collection systems that meet or exceed the criteria in s. 102
164164 403.086(11) for wastewater treatment and d isposal facilities or 103
165165 s. 381.0065(4)(l) for onsite sewage treatment and disposal 104
166166 systems. 105
167167 2. Goals, objectives, and policies to protect public 106
168168 safety and welfare in the event of a natural disaster by 107
169169 maintaining a hurricane evacuation clearance time for permanent 108
170170 residents of no more than 24.5 24 hours or 825 permit 109
171-allocations, whichever is less . The hurricane evacuation 110
172-clearance time shall be determined by a hurricane evacuation 111
173-study conducted in accordance with a professionally accepted 112
174-methodology and approved by the state land planning agency. For 113
175-purposes of hurricane evacuation clearance time: 114
176- a. Mobile home residents are not considered permanent 115
177-residents. 116
178- b. The City of Key West Area of Critical State Concern 117
179-established by chapter 28 -36, Florida Administrative Code, shall 118
180-be included in the hurricane evacuation study and is subject to 119
181-the evacuation requirements of this subsection. 120
182- c. To ensure the hurricane evacuation clearance time in 121
183-this subsection is met, Monroe County, the Village of 122
184-Islamorada, the City of Marathon, the City of Layton, and the 123
185-City of Key West shall each continue to maintain permit 124
186-allocation systems limiting the number of permits issued for new 125
171+allocations beyond a 24 -hour hurricane evacuation clearance 110
172+time, whichever is less . The hurricane evacuation clearance time 111
173+shall be determined by a hurricane evacuation study conducted in 112
174+accordance with a professionally accepted methodology and 113
175+approved by the state land planning agency. For purposes of 114
176+hurricane evacuation clearance time: 115
177+ a. Mobile home residents are not considered permanent 116
178+residents. 117
179+ b. The City of Key West Area of Cr itical State Concern 118
180+established by chapter 28 -36, Florida Administrative Code, shall 119
181+be included in the hurricane evacuation study and is subject to 120
182+the evacuation requirements of this subsection. 121
183+ c. Monroe County, the Village of Islamorada, the City of 122
184+Marathon, the City of Layton, and the City of Key West shall 123
185+each continue to maintain building permit allocation systems 124
186+limiting the number of building permits issued for new 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 residential dwelling units. 126
200- d. The Administration Commission shall dis tribute 825 127
201-permit allocations over a period of at least 10 years, as 128
202-follows: 129
203- (I) Monroe County shall receive 539 permit allocations: 130
204- (A) All of which must be issued to vacant, buildable 131
205-parcels; 132
206- (B) Of which only 1 may be awarded to any individual 133
207-parcel; and 134
208- (C) Of which 377 shall be issued only for workforce 135
209-housing. 136
210- (II) The City of Marathon shall receive 187 permit 137
211-allocations: 138
212- (A) All of which must be issued to vacant, buildable 139
213-parcels; 140
214- (B) Of which only 1 may be awarded to any individ ual 141
215-parcel; and 142
216- (C) Distribution of which must prioritize allocations for 143
217-owner-occupied residences, affordable housing, and workforce 144
218-housing. 145
219- (III) The Village of Islamorada shall receive 71 permit 146
220-allocations: 147
221- (A) All of which must be issued to va cant, buildable 148
222-parcels. 149
223- (B) Of which only 1 may be awarded to any individual 150
200+ d.(I) In accordance with this subparagraph, the 127
201+Administration Commission shall distribute 825 building permit 128
202+allocations over a period of at least 10 years as follows: 129
203+ (A) Monroe County shall receive 539 building permit 130
204+allocations. 131
205+ (B) The City of Marathon shall receive 187 building permit 132
206+allocations. 133
207+ (C) The Village of Islamorada shall receive 71 building 134
208+permit allocations. 135
209+ (D) The City of Key West shall receive 28 building permit 136
210+allocations, which shall be affordable as defined in s. 137
211+420.0004. 138
212+ (II) At least 70 percent of the 825 buildi ng permit 139
213+allocations under sub -sub-subparagraph (I) shall be designated 140
214+as workforce housing. For purposes of this subparagraph, the 141
215+term "workforce housing" means residential dwelling units 142
216+restricted to occupancy by households that derive at least 70 143
217+percent of their household income from gainful employment in 144
218+Monroe County supplying goods or services to Monroe County 145
219+residents or visitors for at least 99 years. 146
220+ (III) The 825 building permit allocations distributed 147
221+pursuant to sub-sub-subparagraph (I) may only be awarded to a 148
222+vacant, buildable parcel, and only one building permit 149
223+allocation may be awarded to any parcel. 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-parcel; and 151
237- (C) Distribution of which must prioritize allocations for 152
238-owner-occupied residences, affordable housing, and workforce 153
239-housing. 154
240- (IV) The City of Key West shall receive 28 permit 155
241-allocations. The housing constructed pursuant to such permits 156
242-must be affordable as defined in s. 420.0004. 157
243- e. For purposes of this sub -subparagraph, the term 158
244-"workforce housing" means residential dwelling units restricted 159
245-for a period of at least 99 years to occupancy by households 160
246-that derive at least 70 percent of their household income from 161
247-gainful employment in Monroe County supplying goods or services 162
248-to Monroe County residents or visitors. 163
249- Section 4. This act shall take effect July 1, 2025. 164
236+ (IV) Sub-sub-subparagraphs (II) and (III) do not apply to 151
237+the 28 affordable building permit allocations distributed to the 152
238+City of Key West. 153
239+ Section 4. This act shall take effect July 1, 2025. 154