THE BILL ITSELF
CS/SB 934
Areas of Critical State Concern
Florida Senate - 2026 CS for SB 934 By the Committee on Community Affairs; and Senator Rodriguez 578-02728-26 2026934c1
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A bill to be entitled
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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 under specified conditions;
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amending s. 259.105, F.S.; extending the time period
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specific Florida Forever appropriations must be spent
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on land acquisition in the Florida Keys Area of
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Critical State Concern; 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 state
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or any county, city, or political subdivision thereof, or other
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public authority or private entity, for the construction of a
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public building, for the prosecution and completion of a public
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work, or for repairs upon a public building or public work shall
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be required, before commencing the work or before recommencing
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the work after a default or abandonment, to execute and record
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in the public records of the county where the improvement is
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located, a payment and performance bond with a surety insurer
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authorized to do business in this state as surety. A public
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entity may not require a contractor to secure a surety bond
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under this section from a specific agent or bonding company.
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(h) A person may be exempted from executing the payment and
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performance bond required under this subsection if the following
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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 99
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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. This act shall take effect July 1, 2026.