THE BILL ITSELF
CS/HB 673
Release of Conservation Easements
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A bill to be entitled
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An act relating to the release of conservation
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easements; amending s. 704.06, F.S.; requiring certain
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water management districts, upon application by the
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fee simple owner of a parcel subject to a conservation
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easement, to release the conservation easement if
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specified conditions are met; providing for the
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valuation of the property upon such release;
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specifying that land released from the conservation
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easement may be used for development consistent with
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certain zoning; requiring property owners to assume
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responsibility for any requirements, including
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stormwater requirements, in certain circumstances;
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requiring property owners to comply with all local
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ordinances, including those related to stormwater
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management, and seek approval for modification of all
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permits, including stormwater permits, as applicable;
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providing applicability; defining the term
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"proprietary conservation easement"; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (14) is added to section 704.06,
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Florida Statutes, to read:
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704.06 Conservation easements; creation; acquisition;
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enforcement.—
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(14)(a) Upon application by the fee simple owner of a
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parcel of land subject to a conservation easement to a water
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management district, a water management district must release
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the conservation easement if the following conditions are met:
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1. The land subject to the easement is less than 15 acres
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and is bordered on three or more sides by impervious surfaces;
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2. Any undeveloped adjacent parcels of land are less than
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15 acres and similarly bordered on three or more sides by
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impervious surfaces;
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3. The land contains no historical, architectural,
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archeological, or cultural significance; and
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4. The applicant has secured the one-time sufficient
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mitigation credits and has compensated the water management
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district by using the uniform mitigation assessment method from
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a mitigation bank located in this state to offset the loss of
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any wetlands located on the land subject to the conservation
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easement.
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(b) Upon the water management district's release of the
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conservation easement, the ad valorem taxes on the property must
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be based on the just value of the property, and the property may
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be used for development that is consistent with the zoning
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designation of the adjacent lands.
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(c) The property owner shall assume responsibility for any
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requirements, including stormwater requirements, if the property
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is developed.
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(d) The property owner shall comply with all local
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ordinances, including those relating to stormwater management,
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for any development proposed for the subject parcel and, if
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applicable, seek district approval for the modification of any
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permits, including stormwater permits, upon which the
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conservation easement was a condition.
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(e) This subsection does not apply to conservation
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easements located within residential developments or to
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proprietary conservation easements held by a district. For
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purposes of this paragraph, "proprietary conservation easement"
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means a conservation easement that was not acquired as a
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condition for a permit.
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This act shall take effect July 1, 2026. Section 2.