Florida Senate - 2026                              CS for SB 934
       
       
        
       By the Committee on Community Affairs; and Senator Rodriguez
       
       
       
       
       
       578-02728-26                                           2026934c1
    1                        A bill to be entitled                      
    2         An act relating to areas of critical state concern;
    3         amending s. 255.05, F.S.; providing an exemption from
    4         specified payment and performance bond requirements
    5         for specified entities under specified conditions;
    6         amending s. 259.105, F.S.; extending the time period
    7         specific Florida Forever appropriations must be spent
    8         on land acquisition in the Florida Keys Area of
    9         Critical State Concern; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (h) is added to subsection (1) of
   14  section 255.05, Florida Statutes, to read:
   15         255.05 Bond of contractor constructing public buildings;
   16  form; action by claimants.—
   17         (1) A person entering into a formal contract with the state
   18  or any county, city, or political subdivision thereof, or other
   19  public authority or private entity, for the construction of a
   20  public building, for the prosecution and completion of a public
   21  work, or for repairs upon a public building or public work shall
   22  be required, before commencing the work or before recommencing
   23  the work after a default or abandonment, to execute and record
   24  in the public records of the county where the improvement is
   25  located, a payment and performance bond with a surety insurer
   26  authorized to do business in this state as surety. A public
   27  entity may not require a contractor to secure a surety bond
   28  under this section from a specific agent or bonding company.
   29         (h) A person may be exempted from executing the payment and
   30  performance bond required under this subsection if the following
   31  conditions are met:
   32         1. The work is done on property located within an area of
   33  critical state concern which is subject to a long-term ground
   34  lease of 99 years or more with Habitat for Humanity
   35  International, Inc., or any of its local affiliates, at the
   36  discretion of the official or board that owns the subject
   37  underlying property in fee simple.
   38         2. The leasehold interest created by the ground lease of 99
   39  years or more is subject to any claims by claimants who are
   40  lienors as defined in s. 713.01 and applicable lien provisions
   41  in chapter 713. The underlying real property owned by the state,
   42  or any county, city, or political subdivision thereof, or other
   43  public authority is not subject to any lien rights created under
   44  chapter 713.
   45         Section 2. Paragraph (b) of subsection (3) of section
   46  259.105, Florida Statutes, is amended to read:
   47         259.105 The Florida Forever Act.—
   48         (3) Less the costs of issuing and the costs of funding
   49  reserve accounts and other costs associated with bonds, the
   50  proceeds of cash payments or bonds issued pursuant to this
   51  section shall be deposited into the Florida Forever Trust Fund
   52  created by s. 259.1051. The proceeds shall be distributed by the
   53  Department of Environmental Protection in the following manner:
   54         (b) Thirty-five percent to the Department of Environmental
   55  Protection for the acquisition of lands and capital project
   56  expenditures described in this section. Of the proceeds
   57  distributed pursuant to this paragraph, it is the intent of the
   58  Legislature that an increased priority be given to those
   59  acquisitions which achieve a combination of conservation goals,
   60  including protecting Florida’s water resources and natural
   61  groundwater recharge. At a minimum, 3 percent, and no more than
   62  10 percent, of the funds allocated pursuant to this paragraph
   63  shall be spent on capital project expenditures identified during
   64  the time of acquisition which meet land management planning
   65  activities necessary for public access. Beginning in the 2017
   66  2018 fiscal year and continuing through the 2035-2036 2026-2027
   67  fiscal year, at least $5 million of the funds allocated pursuant
   68  to this paragraph shall be spent on land acquisition within the
   69  Florida Keys Area of Critical State Concern as authorized
   70  pursuant to s. 259.045.
   71         Section 3. This act shall take effect July 1, 2026.