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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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An act relating to areas of critical state concern; 2
amending s. 255.05, F.S.; providing an exemption from 3
specified payment and performance bond requirements 4
for specified entities; amending s. 259.105, F.S.; 5
extending specific Florida Forever appropriations to 6
be used for the purchase of lands in the Florida Keys 7
Area of Critical State Concern; amending s. 377.24, 8
F.S.; revising the criteria for a prohibition on 9
drilling, exploration, or production of specified 10
petroleum products; providing an effective date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Paragraph (h) is added to subsection (1) of 15
section 255.05, Florida Statutes, to read: 16
255.05 Bond of contractor constructing public buildings; 17
form; action by claimants.— 18
(1) A person entering into a formal contract with the 19
state or any county, city, or political subdivision thereof, or 20
other public authority or private entity, for the construction 21
of a public building, for the prosecution and completion of a 22
public work, or for repairs upon a public building or public 23
work shall be required, before commencing the work or before 24
recommencing the work after a default or abandonment, to execute 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and record in the public records of the county where the 26
improvement is located, a payment and performance bond with a 27
surety insurer authorized to do business in this state as 28
surety. A public entity may not require a contractor to secure a 29
surety bond under this section from a specific agent or bonding 30
company. 31
(h) A person may be exempted from executing the payment 32
and performance bond required under this subsection if the 33
following conditions are met: 34
1. The work is done on property located within an area of 35
critical state concern which is subject to a long-term ground 36
lease of 99 years or more with Habitat for Humanity 37
International, Inc., or any of its local affiliates, at the 38
discretion of the official or board that owns the subject 39
underlying property in fee simple. 40
2. The leasehold interest created by the ground lease of 41
99 years or more is subject to any claims by claimants who are 42
lienors as defined in s. 713.01 and applicable lien provisions 43
in chapter 713. The underlying real property owned by the state, 44
or any county, city, or political subdivision thereof, or other 45
public authority is not subject to any lien rights created under 46
chapter 713. 47
Section 2. Paragraph (b) of subsection (3) of section 48
259.105, Florida Statutes, is amended to read: 49
259.105 The Florida Forever Act.— 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) Less the costs of issuing and the costs of funding 51
reserve accounts and other costs associated with bonds, the 52
proceeds of cash payments or bonds issued pursuant to this 53
section shall be deposited into the Florida Forever Trust Fund 54
created by s. 259.1051. The proceeds shall be distributed by the 55
Department of Environmental Protection in the following manner: 56
(b) Thirty-five percent to the Department of Environmental 57
Protection for the acquisition of lands and capital project 58
expenditures described in this section. Of the proceeds 59
distributed pursuant to this paragraph, it is the intent of the 60
Legislature that an increased priority be given to those 61
acquisitions which achieve a combination of conservation goals, 62
including protecting Florida's water resources and natural 63
groundwater recharge. At a minimum, 3 percent, and no more than 64
10 percent, of the funds allocated pursuant to this paragraph 65
shall be spent on capital project expenditures identified during 66
the time of acquisition which meet land management planning 67
activities necessary for public access. Beginning in the 2017-68
2018 fiscal year and continuing through the 2035-2036 2026-2027 69
fiscal year, at least $5 million of the funds allocated pursuant 70
to this paragraph shall be spent on land acquisition within the 71
Florida Keys Area of Critical State Concern as authorized 72
pursuant to s. 259.045. 73
Section 3. Subsection (10) of section 377.24, Florida 74
Statutes, is amended to read: 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
377.24 Notice of intention to drill well; permits; 76
abandoned wells and dry holes.— 77
(10) Notwithstanding any law or rule to the contrary, the 78
drilling, exploration, or production of oil, gas, or other 79
petroleum products is prohibited in counties designated as rural 80
areas of opportunity under s. 288.0656 if the proposed site is 81
within 10 miles of a national estuarine research reserve. If 82
such a county also contains an area of critical state concern, 83
the drilling, exploration, or production of oil, gas, or other 84
petroleum products is prohibited within 30 miles of a national 85
estuarine research reserve. 86
Section 4. This act shall take effect July 1, 2026. 87