Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 1326
Ì848396ZÎ848396
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/10/2025 .
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The Appropriations Committee on Agriculture, Environment, and
General Government (Rodriguez) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 31 - 188
4 and insert:
5 Section 1. Paragraph (h) is added to subsection (1) of
6 section 255.05, Florida Statutes, to read:
7 255.05 Bond of contractor constructing public buildings;
8 form; action by claimants.—
9 (1) A person entering into a formal contract with the state
10 or any county, city, or political subdivision thereof, or other
11 public authority or private entity, for the construction of a
12 public building, for the prosecution and completion of a public
13 work, or for repairs upon a public building or public work shall
14 be required, before commencing the work or before recommencing
15 the work after a default or abandonment, to execute and record
16 in the public records of the county where the improvement is
17 located, a payment and performance bond with a surety insurer
18 authorized to do business in this state as surety. A public
19 entity may not require a contractor to secure a surety bond
20 under this section from a specific agent or bonding company.
21 (h) When work is done on property located within an area of
22 critical state concern which is subject to a long-term ground
23 lease of 99 years or more with Habitat for Humanity
24 International, Inc., or any of its affiliates, at the discretion
25 of the official or board who owns the subject underlying
26 property in fee simple, a person entering into a construction
27 contract providing for services or material may be exempted from
28 executing the payment and performance bond under this section,
29 provided that such leasehold interest created by the ground
30 lease of 99 years or more is subject to any claims by claimants
31 who qualify as lienors under s. 713.01 and applicable lien
32 statutes in chapter 713. The underlying real property owned by
33 the state or any county, city, or political subdivision thereof
34 or by any other public authority may not be subject to any lien
35 rights created under chapter 713.
36 Section 2. Paragraph (b) of subsection (3) of section
37 259.105, Florida Statutes, is amended to read:
38 259.105 The Florida Forever Act.—
39 (3) Less the costs of issuing and the costs of funding
40 reserve accounts and other costs associated with bonds, the
41 proceeds of cash payments or bonds issued pursuant to this
42 section shall be deposited into the Florida Forever Trust Fund
43 created by s. 259.1051. The proceeds shall be distributed by the
44 Department of Environmental Protection in the following manner:
45 (b) Thirty-five percent to the Department of Environmental
46 Protection for the acquisition of lands and capital project
47 expenditures described in this section. Of the proceeds
48 distributed pursuant to this paragraph, it is the intent of the
49 Legislature that an increased priority be given to those
50 acquisitions which achieve a combination of conservation goals,
51 including protecting Florida’s water resources and natural
52 groundwater recharge. At a minimum, 3 percent, and no more than
53 10 percent, of the funds allocated pursuant to this paragraph
54 shall be spent on capital project expenditures identified during
55 the time of acquisition which meet land management planning
56 activities necessary for public access. Beginning in the 2017
57 2018 fiscal year and continuing through the 2035-2036 2026-2027
58 fiscal year, at least $5 million of the funds allocated pursuant
59 to this paragraph shall be spent on land acquisition within the
60 Florida Keys Area of Critical State Concern as authorized
61 pursuant to s. 259.045.
62 Section 3. Paragraph (a) of subsection (9) of section
63 380.0552, Florida Statutes, is amended to read:
64 380.0552 Florida Keys Area; protection and designation as
65 area of critical state concern.—
66 (9) MODIFICATION TO PLANS AND REGULATIONS.—
67 (a) Any land development regulation or element of a local
68 comprehensive plan in the Florida Keys Area may be enacted,
69 amended, or rescinded by a local government, but the enactment,
70 amendment, or rescission becomes effective only upon approval by
71 the state land planning agency. The state land planning agency
72 shall review the proposed change to determine if it is in
73 compliance with the principles for guiding development specified
74 in chapter 27F-8, Florida Administrative Code, as amended
75 effective August 23, 1984, and must approve or reject the
76 requested changes within 60 days after receipt. Amendments to
77 local comprehensive plans in the Florida Keys Area must also be
78 reviewed for compliance with the following:
79 1. Construction schedules and detailed capital financing
80 plans for wastewater management improvements in the annually
81 adopted capital improvements element, and standards for the
82 construction of wastewater treatment and disposal facilities or
83 collection systems that meet or exceed the criteria in s.
84 403.086(11) for wastewater treatment and disposal facilities or
85 s. 381.0065(4)(l) for onsite sewage treatment and disposal
86 systems.
87 2. Goals, objectives, and policies to protect public safety
88 and welfare in the event of a natural disaster by maintaining a
89 hurricane evacuation clearance time for permanent residents of
90 no more than 24.5 24 hours or 825 permit allocations, whichever
91 is less. The hurricane evacuation clearance time shall be
92 determined by a hurricane evacuation study conducted in
93 accordance with a professionally accepted methodology and
94 approved by the state land planning agency. For purposes of
95 hurricane evacuation clearance time:
96 a. Mobile home residents are not considered permanent
97 residents.
98 b. The City of Key West Area of Critical State Concern
99 established by chapter 28-36, Florida Administrative Code, shall
100 be included in the hurricane evacuation study and is subject to
101 the evacuation requirements of this subsection.
102 c. To ensure the hurricane evacuation clearance time in
103 this subsection is met, Monroe County, the Village of
104 Islamorada, the City of Marathon, the City of Layton, and the
105 City of Key West shall each continue to maintain permit
106 allocation systems limiting the number of permits issued for new
107 residential dwelling units.
108 d. The Administration Commission shall distribute 825
109 permit allocations over a period of at least 10 years, as
110 follows:
111 (I) Monroe County shall receive 539 permit allocations. All
112 of which must be issued to vacant, buildable parcels. Only 1 of
113 the allocated building permits shall be awarded to any
114 individual parcel. Of the 539 permit allocations, 377 shall be
115 issued only for workforce housing;
116 (II) The City of Marathon shall receive 187 permit
117 allocations:
118 (A) All of which must be issued to vacant, buildable
119 parcels. Only 1 of the allocated building permits may be awarded
120 to any individual parcel; and
121 (B) Distribution of which must prioritize allocations for
122 owner-occupied residences, affordable housing, and workforce
123 housing;
124 (III) The Village of Islamorada shall receive 71 permit
125 allocations:
126 (A) All of which must be issued to vacant, buildable
127 parcels. Only 1 of the allocated building permits may be awarded
128 to any individual parcel; and
129 (B) Distribution of which must prioritize allocations for
130 owner-occupied residences, affordable housing, and workforce
131 housing; and
132 (IV) The City of Key West shall receive 28 permit
133
134 ================= T I T L E A M E N D M E N T ================
135 And the title is amended as follows:
136 Delete lines 3 - 5
137 and insert:
138 amending s. 255.05, F.S.;