Florida Senate - 2025 SB 1792
By Senator Gruters
22-01803-25 20251792__
1 A bill to be entitled
2 An act relating to dry sandy beaches; reenacting and
3 amending s. 196.26, F.S.; revising the definition of
4 the term “conservation purposes”; revising
5 requirements for tax exemptions for certain real
6 property; revising factors the Acquisition and
7 Restoration Council must consider in determining
8 whether land yields a significant public benefit, for
9 the purposes of determining eligibility for the tax
10 exemptions; reenacting and amending s. 259.032, F.S.;
11 revising purposes for which the Governor and Cabinet
12 may expend moneys appropriated by the Legislature to
13 acquire the fee or any lesser interest in lands;
14 amending s. 259.035, F.S.; revising the composition of
15 the Acquisition and Restoration Council; amending s.
16 259.036, F.S.; revising the composition of the
17 regional land management review team; amending s.
18 259.04, F.S.; revising the goal of a comprehensive,
19 statewide 5-year plan to conserve, restore, and
20 protect certain lands; amending s. 259.105, F.S.;
21 providing legislative findings; requiring the Division
22 of State Lands and the Office of Resilience and
23 Coastal Protection to establish a pilot program to
24 conduct an inventory of dry sandy beaches in
25 preparation for a specified application; providing
26 requirements for such inventory; reenacting s.
27 196.011(7)(b) and (10)(c), F.S., relating to the
28 annual application required for exemption, to
29 incorporate the amendment made to s. 196.26, F.S., in
30 a reference thereto; reenacting ss. 259.03(1),
31 369.307(5), and 380.0666(12), F.S., relating to
32 definitions, developments of regional impact in the
33 Wekiva River Protection Area and land acquisition, and
34 powers of the land authority, respectively, to
35 incorporate the amendment made to s. 259.035, F.S., in
36 references thereto; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Paragraph (c) of subsection (1) and subsection
41 (4) of section 196.26, Florida Statutes, are amended, and
42 subsection (9) of that section is reenacted, to read:
43 196.26 Exemption for real property dedicated in perpetuity
44 for conservation purposes.—
45 (1) As used in this section:
46 (c) “Conservation purposes” means:
47 1. Serving a conservation purpose, as defined in 26 U.S.C.
48 s. 170(h)(4)(A)(i)-(iii), for land which serves as the basis of
49 a qualified conservation contribution under 26 U.S.C. s. 170(h);
50 or
51 2.a. Retention of the substantial natural value of land,
52 including woodlands, wetlands, watercourses, ponds, streams, dry
53 sandy beaches, and natural open spaces;
54 b. Retention of such lands as suitable habitat for fish,
55 plants, or wildlife; or
56 c. Retention of such lands’ natural value for water quality
57 enhancement or water recharge.
58 (4) Land that comprises less than 40 contiguous acres,
59 excluding dry sandy beach parcels, does not qualify for the
60 exemption provided in this section unless, in addition to
61 meeting the other requirements of this section, the use of the
62 land for conservation purposes is determined by the Acquisition
63 and Restoration Council created in s. 259.035 to fulfill a
64 clearly delineated state conservation policy and yield a
65 significant public benefit. In making its determination of
66 public benefit, the Acquisition and Restoration Council must
67 give particular consideration to land that:
68 (a) Contains a natural sinkhole or natural spring that
69 serves a water recharge or production function;
70 (b) Contains a unique geological feature;
71 (c) Provides habitat for endangered or threatened species;
72 (d) Provides nursery habitat for marine and estuarine
73 species;
74 (e) Provides protection or restoration of vulnerable
75 coastal areas;
76 (f) Preserves natural shoreline habitat; or
77 (g) Provides retention of natural open space in otherwise
78 densely built-up areas; or.
79 (h) Contains dry sandy beaches.
80
81 Any land approved by the Acquisition and Restoration Council
82 under this subsection must have a management plan and a
83 designated manager who will be responsible for implementing the
84 management plan.
85 (9) The Acquisition and Restoration Council, created in s.
86 259.035, shall maintain a list of nonprofit entities that are
87 qualified to enforce the provisions of a conservation easement.
88 Section 2. Paragraph (l) is added to subsection (2) of
89 section 259.032, Florida Statutes, and subsection (1) of that
90 section is reenacted, to read:
91 259.032 Conservation and recreation lands.—
92 (1) It is the policy of the state that the citizens of this
93 state shall be assured public ownership of natural areas for
94 purposes of maintaining this state’s unique natural resources;
95 protecting air, land, and water quality; promoting water
96 resource development to meet the needs of natural systems and
97 citizens of this state; promoting restoration activities on
98 public lands; and providing lands for natural resource-based
99 recreation. In recognition of this policy, it is the intent of
100 the Legislature to provide such public lands for the people
101 residing in urban and metropolitan areas of the state, as well
102 as those residing in less populated, rural areas. It is the
103 further intent of the Legislature, with regard to the lands
104 described in paragraph (2)(c), that a high priority be given to
105 the acquisition, restoration, and management of such lands in or
106 near counties exhibiting the greatest concentration of
107 population and, with regard to the lands described in subsection
108 (2), that a high priority be given to acquiring lands or rights
109 or interests in lands that advance the goals and objectives of
110 the Fish and Wildlife Conservation Commission’s approved species
111 or habitat recovery plans, or lands within any area designated
112 as an area of critical state concern under s. 380.05 which, in
113 the judgment of the advisory council established pursuant to s.
114 259.035, or its successor, cannot be adequately protected by
115 application of land development regulations adopted pursuant to
116 s. 380.05. Finally, it is the Legislature’s intent that lands
117 acquired for conservation and recreation purposes be managed in
118 such a way as to protect or restore their natural resource
119 values, and provide the greatest benefit, including public
120 access, to the citizens of this state.
121 (2) The Governor and Cabinet, sitting as the Board of
122 Trustees of the Internal Improvement Trust Fund, may expend
123 moneys appropriated by the Legislature to acquire the fee or any
124 lesser interest in lands for any of the following public
125 purposes:
126 (a) To conserve and protect environmentally unique and
127 irreplaceable lands that contain native, relatively unaltered
128 flora and fauna representing a natural area unique to, or scarce
129 within, a region of this state or a larger geographic area;
130 (b) To conserve and protect lands within designated areas
131 of critical state concern, if the proposed acquisition relates
132 to the natural resource protection purposes of the designation;
133 (c) To conserve and protect native species habitat or
134 endangered or threatened species, emphasizing long-term
135 protection for endangered or threatened species designated G-1
136 or G-2 by the Florida Natural Areas Inventory, and especially
137 those areas that are special locations for breeding and
138 reproduction;
139 (d) To conserve, protect, manage, or restore important
140 ecosystems, landscapes, and forests, if the protection and
141 conservation of such lands is necessary to enhance or protect
142 significant surface water, groundwater, coastal, recreational,
143 timber, or fish or wildlife resources which cannot otherwise be
144 accomplished through local and state regulatory programs;
145 (e) To promote water resource development that benefits
146 natural systems and citizens of the state;
147 (f) To facilitate the restoration and subsequent health and
148 vitality of the Florida Everglades;
149 (g) To provide areas, including recreational trails, for
150 natural resource-based recreation and other outdoor recreation
151 on any part of any site compatible with conservation purposes;
152 (h) To preserve significant archaeological or historic
153 sites;
154 (i) To conserve urban open spaces suitable for greenways or
155 outdoor recreation which are compatible with conservation
156 purposes;
157 (j) To preserve agricultural lands under threat of
158 conversion to development through less-than-fee acquisitions; or
159 (k) To complete critical linkages through fee or less-than
160 fee acquisitions that will help preserve and protect the green
161 and blue infrastructure and vital habitat for wide-ranging
162 wildlife, such as the Florida panther, within the Florida
163 wildlife corridor as defined in s. 259.1055(4); or
164 (l) To protect dry sandy beaches and provide areas,
165 including public parking and ancillary facilities, related to
166 public dry sandy beach access.
167 Section 3. Paragraphs (a) and (b) of subsection (1) of
168 section 259.035, Florida Statutes, are amended to read:
169 259.035 Acquisition and Restoration Council.—
170 (1) There is created the Acquisition and Restoration
171 Council.
172 (a) The council shall consist be composed of 12 10 voting
173 members, 5 4 of whom shall be appointed by the Governor. Of
174 these five four appointees, three must shall be from scientific
175 disciplines related to land, water, or environmental sciences,
176 and the fourth must shall have at least 5 years of experience in
177 managing lands for both active and passive types of recreation,
178 and the fifth must be a specialist in beach and shore
179 preservation or the management of public dry sandy beaches. They
180 shall serve 4-year terms, except that, initially, to provide for
181 staggered terms, two of the appointees shall serve 2-year terms.
182 All subsequent appointments shall be for 4-year terms. An
183 appointee may not serve more than 6 years. The Governor may at
184 any time fill a vacancy for the unexpired term of a member
185 appointed under this paragraph.
186 (b) The five four remaining appointees shall consist be
187 composed of the Secretary of Environmental Protection, the
188 director of the Florida Forest Service of the Department of
189 Agriculture and Consumer Services, the executive director of the
190 Fish and Wildlife Conservation Commission, and the director of
191 the Division of Historical Resources of the Department of State,
192 and the director of the Office of Resilience and Coastal
193 Protection, or their respective designees.
194 Section 4. Paragraph (a) of subsection (1) of section
195 259.036, Florida Statutes, is amended to read:
196 259.036 Management review teams.—
197 (1) To determine whether conservation, preservation, and
198 recreation lands titled in the name of the board are being
199 managed for purposes that are compatible with conservation,
200 preservation, or recreation in accordance with a land management
201 plan adopted pursuant to s. 259.032, the board, acting through
202 the department, shall cause periodic management reviews to be
203 conducted as follows:
204 (a) The department shall establish a regional land
205 management review team composed of the following members:
206 1. One individual who is from the county or local community
207 in which the parcel or project is located and who is selected by
208 the county commission in the county which is most impacted by
209 the acquisition.
210 2. One individual from the Division of Recreation and Parks
211 of the department.
212 3. One individual from the Florida Forest Service of the
213 Department of Agriculture and Consumer Services.
214 4. One individual from the Fish and Wildlife Conservation
215 Commission.
216 5. One individual from the department’s district office in
217 which the parcel is located.
218 6. A private land manager, preferably from the local
219 community, mutually agreeable to the state agency
220 representatives.
221 7. A member or staff from the jurisdictional water
222 management district or local soil and water conservation
223 district board of supervisors.
224 8. A member of a conservation organization.
225 9. One individual from the Office of Resilience and Coastal
226 Protection.
227 Section 5. Paragraph (a) of subsection (1) of section
228 259.04, Florida Statutes, is amended to read:
229 259.04 Board; powers and duties.—
230 (1) For projects and acquisitions selected for purchase
231 pursuant to ss. 259.035 and 259.105:
232 (a) The board is given the responsibility, authority, and
233 power to develop and execute a comprehensive, statewide 5-year
234 plan to conserve, restore, and protect environmentally
235 endangered lands, ecosystems, lands necessary for outdoor
236 recreational needs, dry sandy beaches, and other lands as
237 identified in ss. 259.032 and 259.105. This plan shall be kept
238 current through continual reevaluation and revision. The
239 advisory council or its successor shall assist the board in the
240 development, reevaluation, and revision of the plan.
241 Section 6. Subsection (21) is added to section 259.105,
242 Florida Statutes, to read:
243 259.105 The Florida Forever Act.—
244 (21)(a) The Legislature finds that Florida beaches are an
245 extremely valuable economic and recreational resource. If this
246 state fails to adequately prioritize the acquisition and
247 management of public beaches, adequate provisions for such
248 beaches will not be made to ensure public access. Therefore, the
249 Division of State Lands and the Office of Resilience and Coastal
250 Protection shall establish a pilot program to conduct an
251 inventory of existing dry sandy beaches in preparation for an
252 application to the Acquisition and Restoration Council pursuant
253 to subsection (7). The inventory must do all of the following:
254 1. Determine the number of dry sandy beaches in this state.
255 2. Investigate the adequacy of existing public dry sandy
256 beaches.
257 3. Identify deficiencies in existing public dry sandy
258 beaches relating to public access and ancillary facilities.
259 4. Determine criteria for selecting and prioritizing the
260 acquisition of privately owned beach parcels. Such selection
261 criteria must prioritize acquiring suitable contiguous dry sandy
262 beach parcels and expanding the acreage of existing dry sandy
263 beaches in heavily populated counties.
264 5. Determine specific criteria and numeric performance
265 standards pursuant to subsection (7).
266 (b) The Division of State Lands and the Office of
267 Resilience and Coastal Protection shall use the inventory to
268 prepare their application to the Acquisition and Restoration
269 Council pursuant to subsection (7).
270 Section 7. For the purpose of incorporating the amendment
271 made by this act to section 196.26, Florida Statutes, in
272 references thereto, paragraph (b) of subsection (7) and
273 paragraph (c) of subsection (10) of section 196.011, Florida
274 Statutes, are reenacted to read:
275 196.011 Annual application required for exemption.—
276 (7)
277 (b) Once an original application for tax exemption has been
278 granted under s. 196.26, the property owner is not required to
279 file a renewal application until the use of the property no
280 longer complies with the restrictions and requirements of the
281 conservation easement.
282 (10)
283 (c) The owner of any property granted an exemption under s.
284 196.26 shall notify the property appraiser promptly whenever the
285 use of the property no longer complies with the restrictions and
286 requirements of the conservation easement. If the property owner
287 fails to so notify the property appraiser and the property
288 appraiser determines that for any year within the preceding 10
289 years the owner was not entitled to receive the exemption, the
290 owner of the property is subject to taxes exempted as a result
291 of the failure plus 18 percent interest per annum and a penalty
292 of 100 percent of the taxes exempted. The provisions for tax
293 liens in paragraph (a) apply to property granted an exemption
294 under s. 196.26.
295 Section 8. For the purpose of incorporating the amendment
296 made by this act to section 259.035, Florida Statutes, in a
297 reference thereto, subsection (1) of section 259.03, Florida
298 Statutes, is reenacted to read:
299 259.03 Definitions.—The following terms and phrases when
300 used in this chapter shall have the meanings ascribed to them in
301 this section, except where the context clearly indicates a
302 different meaning:
303 (1) “Council” means that council established pursuant to s.
304 259.035.
305 Section 9. For the purpose of incorporating the amendment
306 made by this act to section 259.035, Florida Statutes, in a
307 reference thereto, subsection (5) of section 369.307, Florida
308 Statutes, is reenacted to read:
309 369.307 Developments of regional impact in the Wekiva River
310 Protection Area; land acquisition.—
311 (5) The Department of Environmental Protection is directed
312 to proceed to negotiate for acquisition of conservation and
313 recreation lands projects within the Wekiva River Protection
314 Area provided that such projects have been deemed qualified
315 under statutory and rule criteria for purchase and have been
316 placed on the priority list for acquisition by the advisory
317 council created in s. 259.035 or its successor.
318 Section 10. For the purpose of incorporating the amendment
319 made by this act to section 259.035, Florida Statutes, in a
320 reference thereto, subsection (12) of section 380.0666, Florida
321 Statutes, is reenacted to read:
322 380.0666 Powers of land authority.—The land authority shall
323 have all the powers necessary or convenient to carry out and
324 effectuate the purposes and provisions of this act, including
325 the following powers, which are in addition to all other powers
326 granted by other provisions of this act:
327 (12) To identify parcels of land within the area or areas
328 of critical state concern that would be appropriate acquisitions
329 by the state and recommend such acquisitions to the advisory
330 council established pursuant to s. 259.035 or its successor.
331 Section 11. This act shall take effect July 1, 2025.