Florida SB 938: Operation and Administration of the Baker Act

Bill Text

938 
Conservation Easements 
2025-12-17T07:07:10Z 
Requiring a water management district to release a conservation easement upon application of the fee simple owner of a parcel of land if certain conditions are met; requiring that the ad valorem taxes of the property be based on the just value of the property; authorizing such property to be used for development consistent with the zoning designation of the adjacent lands; providing that the property owner assumes responsibility for any stormwater requirements if the property is developed, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 938 

 By Senator McClain 

 9-01008-26 2026938__ 
 1 A bill to be entitled 
 2 An act relating to conservation easements; amending s. 
 3 704.06, F.S.; requiring a water management district to 
 4 release a conservation easement upon application of 
 5 the fee simple owner of a parcel of land if certain 
 6 conditions are met; requiring that the ad valorem 
 7 taxes of the property be based on the just value of 
 8 the property; authorizing such property to be used for 
 9 development consistent with the zoning designation of 
 10 the adjacent lands; providing that the property owner 
 11 assumes responsibility for any stormwater requirements 
 12 if the property is developed; requiring a property 
 13 owner to comply with certain ordinances; requiring the 
 14 property owner to seek the water management district’s 
 15 approval for stormwater permit modifications; 
 16 providing applicability; providing an effective date. 
 17 
 18 Be It Enacted by the Legislature of the State of Florida: 
 19 
 20 Section 1. Subsection (14) is added to section 704.06, 
 21 Florida Statutes, to read: 
 22 704.06 Conservation easements; creation; acquisition; 
 23 enforcement.— 
 24 (14)(a) Upon application to a water management district by 
 25 the fee simple owner of a parcel of land subject to a 
 26 conservation easement, the water management district must 
 27 release the conservation easement if all of the following 
 28 conditions are met: 
 29 1. The land subject to the conservation easement is fewer 
 30 than 15 acres and is bordered on three or more sides by 
 31 impervious surfaces. 
 32 2. Any undeveloped adjacent parcels of land are fewer than 
 33 15 acres and similarly bordered on three or more sides by 
 34 impervious surfaces. 
 35 3. The land contains no historical, architectural, 
 36 archeological, or cultural significance. 
 37 4. The applicant has secured sufficient mitigation credits 
 38 and has compensated the water management district by using the 
 39 uniform mitigation assessment method from a mitigation bank 
 40 located in this state to offset the loss of any wetlands located 
 41 on the land subject to the conservation easement pursuant to s. 
 42 373.4135. 
 43 (b) Upon the water management district’s release of the 
 44 conservation easement, the ad valorem taxes on the property must 
 45 be based on the just value of the property, and the property may 
 46 be used for development that is consistent with the zoning 
 47 designation of the adjacent lands. 
 48 (c) The property owner assumes responsibility for any 
 49 stormwater requirements if the property is developed. 
 50 (d) The property owner shall comply with all local 
 51 ordinances related to stormwater management for any development 
 52 proposed for the subject parcel and, if applicable, seek the 
 53 district’s approval for the modification of any stormwater 
 54 permits upon which the conservation easement was a condition. 
 55 (e) This subsection does not apply to conservation 
 56 easements located within residential developments or to 
 57 proprietary conservation easements held by a district. 
 58 Section 2. This act shall take effect July 1, 2026.