SENATE AMENDMENT
    Bill No. CS for CS for SB 1660
    Amendment No. ___   Barcode 122470
                            CHAMBER ACTION
              Senate                               House
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       04/29/2003 04:53 PM         .                    
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11  Senator Fasano moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 4, between lines 5 and 6,
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16  insert:  
17         Section 2.  Paragraphs (a) and (e) of subsection (3) of
18  section 193.461, Florida Statutes, are amended to read:
19         193.461  Agricultural lands; classification and
20  assessment; mandated eradication or quarantine program.--
21         (3)(a)  No lands shall be classified as agricultural
22  lands unless a return is filed on or before March 1 of each
23  year.  The property appraiser, before so classifying such
24  lands, may require the taxpayer or the taxpayer's
25  representative to furnish the property appraiser such
26  information as may reasonably be required to establish that
27  such lands were actually used for a bona fide agricultural
28  purpose.  Failure to make timely application by March 1 shall
29  constitute a waiver for 1 year of the privilege herein granted
30  for agricultural assessment.  However, an applicant who is
31  qualified to receive an agricultural classification who fails
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    1:02 PM   04/28/03                              s1660c2c-11j01

SENATE AMENDMENT Bill No. CS for CS for SB 1660 Amendment No. ___ Barcode 122470 1 to file an application by March 1 may file an application for 2 the classification and may file, pursuant to s. 194.011(3), a 3 petition with the value adjustment board requesting that the 4 classification be granted. The petition may be filed at any 5 time during the taxable year on or before the 25th day 6 following the mailing of the notice by the property appraiser 7 as provided in s. 194.011(1). Notwithstanding the provisions 8 of s. 194.013, the applicant must pay a nonrefundable fee of 9 $15 upon filing the petition. Upon reviewing the petition, if 10 the person is qualified to receive the classification and 11 demonstrates particular extenuating circumstances judged by 12 the property appraiser or the value adjustment board to 13 warrant granting the classification, the property appraiser or 14 the value adjustment board may grant the classification. The 15 owner of land that was classified agricultural in the previous 16 year and whose ownership or use has not changed may reapply on 17 a short form as provided by the department. The lessee of 18 property may make original application or reapply using the 19 short form if the lease, or an affidavit executed by the 20 owner, provides that the lessee is empowered to make 21 application for the agricultural classification on behalf of 22 the owner and a copy of the lease or affidavit accompanies the 23 application. A county may, at the request of the property 24 appraiser and by a majority vote of its governing body, waive 25 the requirement that an annual application or statement be 26 made for classification of property within the county after an 27 initial application is made and the classification granted by 28 the property appraiser. Such waiver may be revoked by a 29 majority vote of the governing body of the county. 30 (e) Notwithstanding the provisions of paragraph (a), 31 land that has received an agricultural classification from the 2 1:02 PM 04/28/03 s1660c2c-11j01
SENATE AMENDMENT Bill No. CS for CS for SB 1660 Amendment No. ___ Barcode 122470 1 property appraiser, the value adjustment board, or a court of 2 competent jurisdiction pursuant to this section is entitled to 3 receive such classification in any subsequent year until such 4 agricultural use of the land is abandoned or discontinued, the 5 land is diverted to a nonagricultural use, or the land is 6 reclassified as nonagricultural pursuant to subsection (4). 7 The property appraiser must, no later than January 31 15 of 8 each year, provide notice to the owner of land that was 9 classified agricultural in the previous year informing the 10 owner of the requirements of this paragraph and requiring the 11 owner to certify that neither the ownership nor the use of the 12 land has changed. The department shall, by administrative 13 rule, prescribe the form of the notice to be used by the 14 property appraiser under this paragraph. If a county has 15 waived the requirement that an annual application or statement 16 be made for classification of property pursuant to paragraph 17 (a), the county may, by a majority vote of its governing body, 18 waive the notice and certification requirements of this 19 paragraph and shall provide the property owner with the same 20 notification provided to owners of land granted an 21 agricultural classification by the property appraiser. Such 22 waiver may be revoked by a majority vote of the county's 23 governing body. However, This paragraph does not apply to any 24 property if the agricultural classification of that property 25 is the subject of current litigation. 26 Section 3. (1) For purposes of granting an 27 agricultural classification for January 1, 2003, the term 28 "extenuating circumstances," as used in section 193.461(3)(a), 29 Florida Statutes, includes the failure of a property owner in 30 a county that waived the annual application process to return 31 the agricultural classification form or card, which return was 3 1:02 PM 04/28/03 s1660c2c-11j01
SENATE AMENDMENT Bill No. CS for CS for SB 1660 Amendment No. ___ Barcode 122470 1 required by operation of section 193.461(3)(e), Florida 2 Statutes, as created by chapter 2002-18, Laws of Florida. 3 (2) Any waiver of the annual application granted under 4 section 193.461(3)(a), Florida Statutes, which is in effect on 5 December 31, 2002, shall remain in full force and effect until 6 subsequently revoked as provided by section 193.461(3)(a), 7 Florida Statutes. 8 9 (Redesignate subsequent sections.) 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 On page 1, line 20, after the semicolon, 15 16 insert: 17 amending s. 193.461, F.S.; authorizing the 18 governing body of a county to revoke the waiver 19 of annual property classification; revising the 20 date by which the property appraiser must 21 provide notice to property owners; providing 22 for waiver and revocation of the waiver of the 23 notice and certification requirement for land 24 classification; defining the term "extenuating 25 circumstances" to include failure to return the 26 agricultural classification form under certain 27 circumstances; providing for effect of waiver 28 of annual application requirements; 29 30 31 4 1:02 PM 04/28/03 s1660c2c-11j01