Florida Senate - 2026 SB 934
By Senator Rodriguez
40-01209-26 2026934__
1 A bill to be entitled
2 An act relating to areas of critical state concern;
3 amending s. 196.1978, F.S.; revising criteria for
4 certain portions of property used to provide
5 affordable housing to be eligible for an ad valorem
6 tax exemption; amending s. 255.05, F.S.; providing an
7 exemption from specified payment and performance bond
8 requirements for specified entities under specified
9 conditions; amending s. 259.105, F.S.; extending the
10 time period specific Florida Forever appropriations
11 must be spent on land acquisition in the Florida Keys
12 Area of Critical State Concern; providing an effective
13 date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (b) of subsection (3) of section
18 196.1978, Florida Statutes, is amended to read:
19 196.1978 Affordable housing property exemption.—
20 (3)
21 (b) Notwithstanding ss. 196.195 and 196.196, portions of
22 property in a multifamily project are considered property used
23 for a charitable purpose and are eligible to receive an ad
24 valorem property tax exemption if such portions meet all of the
25 following conditions:
26 1. Provide affordable housing to natural persons or
27 families meeting the income limitations provided in paragraph
28 (d).
29 2.a. Are within a newly constructed multifamily project
30 that contains more than 70 units dedicated to housing natural
31 persons or families meeting the income limitations provided in
32 paragraph (d); or
33 b. One or more units are located within a newly constructed
34 multifamily project in an area of critical state concern, as
35 designated by s. 380.0552 or chapter 28-36, Florida
36 Administrative Code, and are which contains more than 10 units
37 dedicated to housing natural persons or families meeting the
38 income limitations provided in paragraph (d).
39 3. Are rented for an amount that does not exceed the amount
40 as specified by the most recent multifamily rental programs
41 income and rent limit chart posted by the corporation and
42 derived from the Multifamily Tax Subsidy Projects Income Limits
43 published by the United States Department of Housing and Urban
44 Development or 90 percent of the fair market value rent as
45 determined by a rental market study meeting the requirements of
46 paragraph (l), whichever is less.
47 Section 2. Paragraph (h) is added to subsection (1) of
48 section 255.05, Florida Statutes, to read:
49 255.05 Bond of contractor constructing public buildings;
50 form; action by claimants.—
51 (1) A person entering into a formal contract with the state
52 or any county, city, or political subdivision thereof, or other
53 public authority or private entity, for the construction of a
54 public building, for the prosecution and completion of a public
55 work, or for repairs upon a public building or public work shall
56 be required, before commencing the work or before recommencing
57 the work after a default or abandonment, to execute and record
58 in the public records of the county where the improvement is
59 located, a payment and performance bond with a surety insurer
60 authorized to do business in this state as surety. A public
61 entity may not require a contractor to secure a surety bond
62 under this section from a specific agent or bonding company.
63 (h) A person may be exempted from executing the payment and
64 performance bond required under this subsection if the following
65 conditions are met:
66 1. The work is done on property located within an area of
67 critical state concern which is subject to a long-term ground
68 lease of 99 years or more with Habitat for Humanity
69 International, Inc., or any of its local affiliates, at the
70 discretion of the official or board that owns the subject
71 underlying property in fee simple.
72 2. The leasehold interest created by the ground lease of 99
73 years or more is subject to any claims by claimants who are
74 lienors as defined in s. 713.01 and applicable lien provisions
75 in chapter 713. The underlying real property owned by the state,
76 or any county, city, or political subdivision thereof, or other
77 public authority is not subject to any lien rights created under
78 chapter 713.
79 Section 3. Paragraph (b) of subsection (3) of section
80 259.105, Florida Statutes, is amended to read:
81 259.105 The Florida Forever Act.—
82 (3) Less the costs of issuing and the costs of funding
83 reserve accounts and other costs associated with bonds, the
84 proceeds of cash payments or bonds issued pursuant to this
85 section shall be deposited into the Florida Forever Trust Fund
86 created by s. 259.1051. The proceeds shall be distributed by the
87 Department of Environmental Protection in the following manner:
88 (b) Thirty-five percent to the Department of Environmental
89 Protection for the acquisition of lands and capital project
90 expenditures described in this section. Of the proceeds
91 distributed pursuant to this paragraph, it is the intent of the
92 Legislature that an increased priority be given to those
93 acquisitions which achieve a combination of conservation goals,
94 including protecting Florida’s water resources and natural
95 groundwater recharge. At a minimum, 3 percent, and no more than
96 10 percent, of the funds allocated pursuant to this paragraph
97 shall be spent on capital project expenditures identified during
98 the time of acquisition which meet land management planning
99 activities necessary for public access. Beginning in the 2017
100 2018 fiscal year and continuing through the 2035-2036 2026-2027
101 fiscal year, at least $5 million of the funds allocated pursuant
102 to this paragraph shall be spent on land acquisition within the
103 Florida Keys Area of Critical State Concern as authorized
104 pursuant to s. 259.045.
105 Section 4. This act shall take effect July 1, 2026.