THE BILL ITSELF
SB 938
Conservation Easements
Florida Senate - 2026 SB 938 By Senator McClain 9-01008-26 2026938__
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A bill to be entitled
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An act relating to conservation easements; amending s.
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704.06, F.S.; requiring a water management district to
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release a conservation easement upon application of
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the fee simple owner of a parcel of land if certain
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conditions are met; requiring that the ad valorem
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taxes of the property be based on the just value of
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the property; authorizing such property to be used for
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development consistent with the zoning designation of
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the adjacent lands; providing that the property owner
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assumes responsibility for any stormwater requirements
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if the property is developed; requiring a property
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owner to comply with certain ordinances; requiring the
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property owner to seek the water management district’s
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approval for stormwater permit modifications;
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providing applicability; 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. 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 to a water management district by
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the fee simple owner of a parcel of land subject to a
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conservation easement, the water management district must
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release the conservation easement if all of the following
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conditions are met:
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1. The land subject to the conservation easement is fewer
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than 15 acres and is bordered on three or more sides by
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impervious surfaces.
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2. Any undeveloped adjacent parcels of land are fewer 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.
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4. The applicant has secured sufficient mitigation credits
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and has compensated the water management district by using the
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uniform mitigation assessment method from a mitigation bank
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located in this state to offset the loss of any wetlands located
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on the land subject to the conservation easement pursuant to s.
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373.4135.
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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 assumes responsibility for any
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stormwater requirements if the property is developed.
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(d) The property owner shall comply with all local
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ordinances related to stormwater management for any development
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proposed for the subject parcel and, if applicable, seek the
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district’s approval for the modification of any stormwater
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permits upon which the 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.
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Section 2. This act shall take effect July 1, 2026.