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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: 30 255.05Bond 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: 61 259.105The 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 Floridas 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: 87 380.0552Florida 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.
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