A new report released on Wednesday by Florida TaxWatch is urging lawmakers to amend state law governing conservation easements, warning that a provision in Florida statutes could allow land intended to be permanently protected from development to eventually be released and sold.
The report, titled “Conservation Easements: In Perpetuity… Until They’re Not,” examines section 704.06 of the Florida Statutes and focuses on what the organization describes as an “escape clause” that allows a conservation easement to be released by agreement between the easement holder and the landowner.
While the law defines conservation easements as perpetual interests in property designed to protect land from development, the report argues that the release provision creates a contradiction that undermines the promise of permanent protection.
“Florida has a longstanding history of preserving its natural resources through programs like Florida Forever and Rural and Family Land Protection. We have invested more than $2.4 billion of taxpayers’ dollars in the last six years for conservation easements with the expectation that the property will be protected in perpetuity,” said Florida TaxWatch President and CEO Jeff Kottkamp. “Unfortunately, the current conservation easement statute provides an ‘escape clause’ that allows the release of the conservation easement status on the property. Florida TaxWatch calls on lawmakers to amend subsection 704.06(4) F.S. to ensure permanent protection of our state’s natural resources.”
Conservation easements are widely used in Florida to preserve agricultural land, wildlife habitat and natural ecosystems while allowing landowners to retain ownership and limited use of their property. According to Florida TaxWatch, approximately 1.15 million acres in the state are protected through conservation easements, including more than 866,000 acres managed by state agencies.
The state has invested heavily in conservation initiatives in recent years, including funding through the Florida Forever program, the Rural and Family Lands Protection Program and the Florida Wildlife Corridor Act. Florida TaxWatch estimates that more than $2.4 billion in taxpayer funds has been spent over the last six budget cycles on land acquisitions and conservation easements tied to those programs.
The report warns that development pressure tied to Florida’s population growth could increase incentives for landowners to release easements and sell property for higher-value uses if the statutory provision remains in place.
To address the issue, Florida TaxWatch recommends amending subsection 704.06(4) to remove the language allowing conservation easements to be released through agreement alone. The organization also proposes creating an “extinguishment clause” requiring a court determination that conservation purposes are no longer possible before an easement could be terminated.
In addition, the report calls for an “amendment clause” requiring judicial oversight for changes that could weaken conservation protections and suggests establishing a mechanism to recoup tax benefits previously granted to landowners if conservation restrictions are removed.
Florida TaxWatch said the proposed changes would help ensure that conservation easements described as permanent remain protected and that the state’s multibillion-dollar investment in land conservation is preserved for the long term.
