THE BILL ITSELF
CS/HB 755
Areas of Critical State Concern
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An act relating to areas of critical state concern;
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amending s. 255.05, F.S.; providing an exemption from
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specified payment and performance bond requirements
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for specified entities; amending s. 259.105, F.S.;
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extending specific Florida Forever appropriations to
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be used for the purchase of lands in the Florida Keys
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Area of Critical State Concern; amending s. 377.24,
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F.S.; revising the criteria for a prohibition on
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drilling, exploration, or production of specified
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petroleum products; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (h) is added to subsection (1) of
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section 255.05, Florida Statutes, to read:
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255.05 Bond of contractor constructing public buildings;
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form; action by claimants.—
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(1) A person entering into a formal contract with the
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state or any county, city, or political subdivision thereof, or
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other public authority or private entity, for the construction
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of a public building, for the prosecution and completion of a
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public work, or for repairs upon a public building or public
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work shall be required, before commencing the work or before
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recommencing the work after a default or abandonment, to execute
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and record in the public records of the county where the
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improvement is located, a payment and performance bond with a
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surety insurer authorized to do business in this state as
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surety. A public entity may not require a contractor to secure a
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surety bond under this section from a specific agent or bonding
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company.
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(h) A person may be exempted from executing the payment
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and performance bond required under this subsection if the
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following conditions are met:
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1. The work is done on property located within an area of
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critical state concern which is subject to a long-term ground
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lease of 99 years or more with Habitat for Humanity
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International, Inc., or any of its local affiliates, at the
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discretion of the official or board that owns the subject
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underlying property in fee simple.
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2. The leasehold interest created by the ground lease of
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99 years or more is subject to any claims by claimants who are
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lienors as defined in s. 713.01 and applicable lien provisions
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in chapter 713. The underlying real property owned by the state,
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or any county, city, or political subdivision thereof, or other
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public authority is not subject to any lien rights created under
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chapter 713.
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Section 2. Paragraph (b) of subsection (3) of section
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259.105, Florida Statutes, is amended to read:
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259.105 The Florida Forever Act.—
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(3) Less the costs of issuing and the costs of funding
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reserve accounts and other costs associated with bonds, the
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proceeds of cash payments or bonds issued pursuant to this
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section shall be deposited into the Florida Forever Trust Fund
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created by s. 259.1051. The proceeds shall be distributed by the
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Department of Environmental Protection in the following manner:
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(b) Thirty-five percent to the Department of Environmental
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Protection for the acquisition of lands and capital project
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expenditures described in this section. Of the proceeds
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distributed pursuant to this paragraph, it is the intent of the
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Legislature that an increased priority be given to those
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acquisitions which achieve a combination of conservation goals,
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including protecting Florida's water resources and natural
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groundwater recharge. At a minimum, 3 percent, and no more than
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10 percent, of the funds allocated pursuant to this paragraph
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shall be spent on capital project expenditures identified during
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the time of acquisition which meet land management planning
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activities necessary for public access. Beginning in the 2017-
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2018 fiscal year and continuing through the 2035-2036 2026-2027
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fiscal year, at least $5 million of the funds allocated pursuant
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to this paragraph shall be spent on land acquisition within the
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Florida Keys Area of Critical State Concern as authorized
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pursuant to s. 259.045.
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Section 3. Subsection (10) of section 377.24, Florida
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Statutes, is amended to read:
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377.24 Notice of intention to drill well; permits;
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abandoned wells and dry holes.—
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(10) Notwithstanding any law or rule to the contrary, the
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drilling, exploration, or production of oil, gas, or other
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petroleum products is prohibited in counties designated as rural
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areas of opportunity under s. 288.0656 if the proposed site is
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within 10 miles of a national estuarine research reserve. If
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such a county also contains an area of critical state concern,
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the drilling, exploration, or production of oil, gas, or other
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petroleum products is prohibited within 30 miles of a national
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estuarine research reserve.
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Section 4. This act shall take effect July 1, 2026.