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House Bill 0311c1

Florida House of Representatives - 1997 CS/HB 311 By the Committee on Water & Resource Management and Representatives Smith and Minton 1 A bill to be entitled 2 An act relating to the Florida Preservation 3 2000 Program; amending ss. 259.032 and 373.59, 4 F.S.; revising the ad valorem tax millage that 5 must be levied by certain counties to receive 6 payments in lieu of taxes from funds in the 7 Conservation and Recreation Lands Trust Fund or 8 Water Management Lands Trust Fund for tax 9 losses incurred as a result of acquisitions 10 under the program; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (b) of subsection (12) of section 15 259.032, Florida Statutes, 1996 Supplement, is amended to 16 read: 17 259.032 Conservation and Recreation Lands Trust Fund; 18 purpose.-- 19 (12)(a) Beginning in fiscal year 1994-1995, not more 20 than 3.75 percent of the Conservation and Recreation Lands 21 Trust Fund shall be made available annually to the department 22 for payment in lieu of taxes to qualifying counties, cities, 23 and local governments as defined in paragraph (b) for actual 24 tax losses incurred as a result of board of trustees 25 acquisitions for state agencies under the Florida Preservation 26 2000 Program during any year. Reserved funds not used for 27 payments in lieu of taxes in any year shall revert to the fund 28 to be used for land acquisition in accordance with the 29 provisions of this section. 30 (b) Payment in lieu of taxes shall be available: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 311 195-807-97 1 1. To counties which levy an ad valorem tax of at 2 least 8.25 9 mills or the amount of the tax loss from all 3 completed Preservation 2000 acquisitions in the county exceeds 4 0.01 percent of the county's total taxable value, and have a 5 population of 75,000 or less and 6 2. To counties with a population of less than 100,000 7 which contain all or a portion of an area of critical state 8 concern designated pursuant to chapter 380 and to local 9 governments within such counties. 10 11 For the purposes of this paragraph, "local government" 12 includes municipalities, the county school board, mosquito 13 control districts, and any other local government entity which 14 levies ad valorem taxes, with the exception of a water 15 management district. 16 (c) Payment in lieu of taxes shall be available to any 17 city which has a population of 10,000 or less and which levies 18 an ad valorem tax of at least 9 mills or the amount of the tax 19 loss from all completed Preservation 2000 acquisitions in the 20 city exceeds 0.01 percent of the city's total taxable value. 21 (d) If insufficient funds are available in any year to 22 make full payments to all qualifying counties, cities, and 23 local governments, such counties, cities, and local 24 governments shall receive a pro rata share of the moneys 25 available. 26 (e) The payment amount shall be based on the average 27 amount of actual taxes paid on the property for the 3 years 28 preceding acquisition. Applications for payment in lieu of 29 taxes shall be made no later than January 31 of the year 30 following acquisition. No payment in lieu of taxes shall be 31 made for properties which were exempt from ad valorem taxation 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 311 195-807-97 1 for the year immediately preceding acquisition. If property 2 which was subject to ad valorem taxation was acquired by a 3 tax-exempt entity for ultimate conveyance to the state under 4 this chapter, payment in lieu of taxes shall be made for such 5 property based upon the average amount of taxes paid on the 6 property for the 3 years prior to its being removed from the 7 tax rolls. The department shall certify to the Department of 8 Revenue those properties that may be eligible under this 9 provision. Payment in lieu of taxes shall be limited to a 10 total of 10 years of annual payments. 11 (f) Payment in lieu of taxes pursuant to this 12 paragraph shall be made annually to qualifying counties, 13 cities, and local governments after certification by the 14 Department of Revenue that the amounts applied for are 15 reasonably appropriate, based on the amount of actual taxes 16 paid on the eligible property, and after the Department of 17 Environmental Protection has provided supporting documents to 18 the Comptroller and has requested that payment be made in 19 accordance with the requirements of this section. 20 (g) If the board of trustees conveys to a local 21 government title to any land owned by the board, any payments 22 in lieu of taxes on the land made to the local government 23 shall be discontinued as of the date of the conveyance. 24 Section 2. Paragraph (b) of subsection (14) of section 25 373.59, Florida Statutes, 1996 Supplement, is amended to read: 26 373.59 Water Management Lands Trust Fund.-- 27 (14)(a) Beginning in fiscal year 1992-1993, not more 28 than one-fourth of the land management funds provided for in 29 subsections (1) and (8) in any year shall be reserved annually 30 by a governing board, during the development of its annual 31 operating budget, for payment in lieu of taxes to qualifying 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 311 195-807-97 1 counties for actual ad valorem tax losses incurred as a result 2 of lands purchased with funds allocated pursuant to s. 3 259.101(3)(b). In addition, the Northwest Florida Water 4 Management District, the South Florida Water Management 5 District, the Southwest Florida Water Management District, the 6 St. Johns River Water Management District, and the Suwannee 7 River Water Management District shall pay to qualifying 8 counties payments in lieu of taxes for district lands acquired 9 with funds allocated pursuant to subsection (7). Reserved 10 funds that are not used for payment in lieu of taxes in any 11 year shall revert to the fund to be used for management 12 purposes or land acquisition in accordance with this section. 13 (b) Payment in lieu of taxes shall be available to 14 counties for each year in which the levy of ad valorem tax is 15 at least 8.25 9 mills or the amount of the tax loss from all 16 completed Preservation 2000 acquisitions in the county exceeds 17 0.01 percent of the county's total taxable value, and the 18 population is 75,000 or less and to counties with a population 19 of less than 100,000 which contain all or a portion of an area 20 of critical state concern designated pursuant to chapter 380. 21 (c) If insufficient funds are available in any year to 22 make full payments to all qualifying counties, such counties 23 shall receive a pro rata share of the moneys available. 24 (d) The payment amount shall be based on the average 25 amount of actual taxes paid on the property for the 3 years 26 immediately preceding acquisition. For lands purchased prior 27 to July 1, 1992, applications for payment in lieu of taxes 28 shall be made to the districts by January 1, 1993. For lands 29 purchased after July 1, 1992, applications for payment in lieu 30 of taxes shall be made no later than January 31 of the year 31 following acquisition. No payment in lieu of taxes shall be 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 311 195-807-97 1 made for properties which were exempt from ad valorem taxation 2 for the year immediately preceding acquisition. Payment in 3 lieu of taxes shall be limited to a period of 10 consecutive 4 years of annual payments. 5 (e) Payment in lieu of taxes shall be made within 30 6 days after: certification by the Department of Revenue that 7 the amounts applied for are appropriate, certification by the 8 Department of Environmental Protection that funds are 9 available, and completion of any fund transfers to the 10 district. The governing board may reduce the amount of a 11 payment in lieu of taxes to any county by the amount of other 12 payments, grants, or in-kind services provided to that county 13 by the district during the year. The amount of any reduction 14 in payments shall remain in the Water Management Lands Trust 15 Fund for purposes provided by law. 16 (f) If a district governing board conveys to a local 17 government title to any land owned by the board, any payments 18 in lieu of taxes on the land made to the local government 19 shall be discontinued as of the date of the conveyance. 20 Section 3. This act shall take effect July 1, 1997. 21 22 23 24 25 26 27 28 29 30 31 5