Closing the “Perpetual” Loophole and Protecting Florida’s Conservation Lands

Despite Florida’s investment in conservation easements, a legal escape hatch in state law allows holders to cancel protections anytime—undermining billions in taxpayer-backed safeguards

Close the Loophole Undermining Florida’s Conservation Easements

Florida’s conservation lands are under immediate threat, not from bulldozers or backhoes, but from a dangerous loophole hidden in state law.

At a time when Florida is investing billions of taxpayer dollars to protect land “in perpetuity” through conservation easements, especially for the Florida Wildlife Corridor, a major legal flaw is quietly unraveling those protections. This isn’t theoretical. This is happening now.

The Problem: A Legal Escape Hatch for Development

Despite the promise of permanent protection, Florida’s conservation easement law includes a clause that allows the easement holder, whether a government agency or nonprofit, to release the easement back to the landowner at any time, for any reason, or no reason at all. There are no meaningful guardrails, no requirement of public benefit, no transparency, and no compensation back to the taxpayers.

This means lands we thought were safe from development could easily become new targets for roads, housing, or commercial sprawl. Conservation easements, once a shield against development, could now become the path of least resistance for it.

The Consequences: A Broken Promise to Florida’s Future

• This loophole undermines the spirit and intent of the Florida Wildlife Corridor Act, which was passed unanimously in 2021.

• It risks squandering billions in public investment meant to safeguard working ranches, wildlife habitat, and water resources.

• It opens the door to speculative windfalls for landowners and developers at the expense of public trust and conservation values.

• It sets a dangerous precedent where “perpetual” protections mean nothing when political or financial pressure is applied.

Why It Matters Now

Florida is growing fast. As development pressures intensify, conservation easements must remain a solid line of defense, not a weak suggestion that can be erased with a signature. Without reform, conservation lands across Florida are vulnerable to being quietly undone.

What Needs to Change

We must amend Florida Statute 706.06(4) to:

• Prohibit unilateral releases or extinguishments of conservation easements without judicial review and a clear public benefit.

• Require transparency and accountability for any proposed amendment or termination.

• Ensure public funds are not wasted and that landowners do not receive unjust enrichment by removing conservation protections.

• Align state law with the federal conservation easement standards that require perpetual protection.

Defending Rural Florida is working directly with state lawmakers to fix this loophole in the 2026 Legislative Session to make sure Florida’s conservation easements do what they’re supposed to do: protect our land, water, and wildlife, not pave the way for more unnecessary development.

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Defending Rural Florida needs your help to close the loophole threatening our conservation easements. Each dollar you donate empowers our grassroots team to lobby lawmakers, demand transparency, and strengthen protections so taxpayer-funded lands remain conserved in perpetuity.

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Your support today ensures working ranches, wildlife corridors, and clean water aren’t quietly lost to developers exploiting weak laws. Please donate now at Defending Rural Florida to help secure the future of Florida’s natural heritage—because once it's gone, it’s gone forever.