Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2244
       
       
       
       
       
       
                                Barcode 856092                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2009           .                                
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       The Committee on Finance and Tax (Altman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete lines 303 - 443
    5  and insert:
    6         (5)A person or organization that, on January 1, has the
    7  legal title to real or personal property that is entitled by law
    8  to assessment under this section must, on or before March 1 of
    9  each year, file an application for assessment under this section
   10  with the county property appraiser. The application must
   11  identify the property for which assessment under this section is
   12  claimed. The initial application for assessment for any property
   13  must include a copy of the instrument by which the development
   14  right is conveyed or which establishes a covenant, or the
   15  conservation protection agreement or conservation management
   16  plan which establishes the conservation purposes for which the
   17  land is used. The Department of Revenue shall prescribe the
   18  forms upon which the application is made. The failure to file an
   19  application on or before March 1 of any year constitutes a
   20  waiver of assessment under this section for that year. However,
   21  an applicant who is qualified to receive an assessment under
   22  this section, but fails to file an application by March 1, may
   23  file an application for the assessment and may file, pursuant to
   24  s. 194.011(3), a petition with the value adjustment board
   25  requesting that the classification be granted. The petition must
   26  be filed at any time during the taxable year on or before the
   27  25th day following the mailing of the notice by the property
   28  appraiser pursuant to s. 194.011(1). Notwithstanding s. 194.013,
   29  the applicant must pay a nonrefundable fee of $15 upon filing
   30  the petition. Upon reviewing the petition, if the person is
   31  qualified to receive the assessment and demonstrates particular
   32  extenuating circumstances judged by the property appraiser or
   33  the value adjustment board to warrant granting the assessment,
   34  the property appraiser or the value adjustment board may grant
   35  the assessment. The owner of land that was assessed under this
   36  section in the previous year and whose ownership or use has not
   37  changed may reapply on a short form as provided by the
   38  department. A county may, at the request of the property
   39  appraiser and by a majority vote of its governing body, waive
   40  the requirement that an annual application or statement be made
   41  for assessment of property within the county. Such waiver may be
   42  revoked by a majority vote of the governing body of the county.
   43         (6)If a conservation management plan extends for a period
   44  of at least 10 years following January 1 in the year the plan is
   45  filed with the appropriate agency and the landowner has provided
   46  a current copy of the conservation management plan to the
   47  property appraiser along with a signed statement of the
   48  landowner’s good-faith intention to use the land only for
   49  conservation purposes before March 1 of the same year, the
   50  property appraiser shall assess the land solely on the basis of
   51  character of use.
   52         (a)Plans required by this subsection must be filed with
   53  the Fish and Wildlife Conservation Commission if the primary
   54  conservation use is restoration or protection of native wildlife
   55  habitat or native plant and animal communities.
   56         (b)Plans required by this subsection must be filed with
   57  the water management district within the boundaries of which the
   58  land is located if the primary conservation use is restoration
   59  or protection of natural water features.
   60         (c)The commission and the Department of Environmental
   61  Protection shall produce a guidance document establishing the
   62  form and content of a conservation management plan and
   63  establishing minimum standards for such plans regarding
   64  restoration and protection of wildlife habitats, plant and
   65  animal communities, and natural water features; control of
   66  exotic species; use of prescribed fire; removal of diseased and
   67  damaged vegetation; and other activities as may be necessary to
   68  manage conservation land for the benefit of wildlife, plant and
   69  animal communities, and water resources.
   70         (d)The property appraiser may require a signed application
   71  that includes a statement of the landowner’s good faith
   72  intention to use the land only for conservation purposes as
   73  described in this section, to keep such uses for a period of 10
   74  years after the date of the application, and, upon failure to
   75  carry out the conservation management plan, to pay the
   76  difference between the total amount of taxes assessed and the
   77  total amount that would have been due in March of the current
   78  year and each of the previous 10 years if the land had not been
   79  assessed solely on the basis of character or use as provided in
   80  this section.
   81         (7)(4) After conveying making a conveyance of the
   82  development right or executing a covenant or conservation
   83  protection agreement pursuant to this section, or conveying a
   84  conservation easement pursuant to this section and s. 704.06,
   85  the owner of the land shall not use the land in any manner not
   86  consistent with the development right voluntarily conveyed, or
   87  with the restrictions voluntarily imposed, or with the terms of
   88  the conservation easement or conservation protection agreement,
   89  or shall not change the use of the land from outdoor
   90  recreational or park purposes during the term of such conveyance
   91  or covenant without first obtaining a written instrument from
   92  the board or charitable corporation or trust, which must
   93  reconvey to the owner instrument reconveys all or part of the
   94  development right to the owner or which must release releases
   95  the owner from the terms of the covenant. The written instrument
   96  must be recorded in the official records of the county in which
   97  the property subject to the reconveyance or release is located
   98  and which instrument must be promptly recorded in the same
   99  manner as any other instrument affecting the title to real
  100  property. Upon obtaining approval for reconveyance or release
  101  from the board or the charitable organization or trust, the
  102  reconveyance or release shall be made to the owner upon payment
  103  of the deferred tax liability. Any payment of the deferred tax
  104  liability shall be payable to the county tax collector within 90
  105  days of the date of approval for reconveyance or release by the
  106  board or charitable corporation or trust of the reconveyance or
  107  release. The collector shall distribute the payment to each
  108  governmental unit in the proportion that its millage bears to
  109  the total millage levied on the parcel for the years in which
  110  such conveyance or covenant was in effect.
  111         (8)(5) The governing board of any public agency in this
  112  state or the Board of Trustees of the Internal Improvement Trust
  113  Fund or a charitable corporation or trust which holds title to a
  114  development right pursuant to this section may not convey that
  115  development right to anyone other than the governing board of
  116  another public agency in this state or a charitable corporation
  117  or trust, as described in s. 704.06(4) s. 704.06(3), or the
  118  record owner of the fee interest in the land to which the
  119  development right attaches. The conveyance from the governing
  120  board of a public agency or the Board of Trustees of the
  121  Internal Improvement Trust Fund to the owner of the fee shall be
  122  made only after a determination by the board that such
  123  conveyance would not adversely affect the interest of the
  124  public. Section 125.35 does not apply to such sales, but any
  125  public agency accepting any instrument conveying a development
  126  right pursuant to this section shall forthwith adopt appropriate
  127  regulations and procedures governing the disposition of same.
  128  These regulations and procedures must provide in part that the
  129  board may not convey a development right to the owner of the fee
  130  without first holding a public hearing and unless notice of the
  131  proposed conveyance and the time and place at which the public
  132  hearing is to be held is published once a week for at least 2
  133  weeks in some newspaper of general circulation in the county in
  134  which the property is located before involved prior to the
  135  hearing.
  136         (6)The following terms whenever used as referred to in
  137  this section have the following meanings unless a different
  138  meaning is clearly indicated by the context:
  139         (a)“Board” is the governing board of any city, county, or
  140  other public agency of the state or the Board of Trustees of the
  141  Internal Improvement Trust Fund.
  142         (b)“Conservation restriction” means a limitation on a
  143  right to the use of land for purposes of conserving or
  144  preserving land or water areas predominantly in their natural,
  145  scenic, open, agricultural, or wooded condition. The limitation
  146  on rights to the use of land may involve or pertain to any of
  147  the activities enumerated in s. 704.06(1).
  148         (c)“Conservation easement” means that property right
  149  described in s. 704.06.
  150         (d)“Covenant” is a covenant running with the land.
  151         (e)“Deferred tax liability” means an amount equal to the
  152  difference between the total amount of taxes that would have
  153  been due in March in each of the previous years in which the
  154  conveyance or covenant was in effect if the property had been
  155  assessed under the provisions of s. 193.011 and the total amount
  156  of taxes actually paid in those years when the property was
  157  assessed under the provisions of this section, plus interest on
  158  that difference computed as provided in s. 212.12(3).
  159         (f)“Development right” is the right of the owner of the
  160  fee interest in the land to change the use of the land.
  161         (g)“Outdoor recreational or park purposes” includes, but
  162  is not necessarily limited to, boating, golfing, camping,
  163  swimming, horseback riding, and archaeological, scenic, or
  164  scientific sites and applies only to land which is open to the
  165  general public.
  166         (h)“Present use” is the manner in which the land is
  167  utilized on January 1 of the year in which the assessment is
  168  made.
  169         (i)“Qualified as environmentally endangered” means land
  170  that has unique ecological characteristics, rare or limited
  171  combinations of geological formations, or features of a rare or
  172  limited nature constituting habitat suitable for fish, plants,
  173  or wildlife, and which, if subject to a development moratorium
  174  or one or more conservation easements or development
  175  restrictions appropriate to retaining such land or water areas
  176  predominantly in their natural state, would be consistent with
  177  the conservation, recreation and open space, and, if applicable,
  178  coastal protection elements of the comprehensive plan adopted by
  179  formal action of the local governing body pursuant to s.
  180  163.3161, the Local Government Comprehensive Planning and Land
  181  Development Regulation Act; or surface waters and wetlands, as
  182  determined by the methodology ratified in s. 373.4211.
  183         (9)(7)(a) The property appraiser shall report to the
  184  
  185  ================= T I T L E  A M E N D M E N T ================
  186         And the title is amended as follows:
  187         Delete line 32
  188  and insert:
  189         such land based on character or use; requiring the
  190         owner of the land to annually apply to the property
  191         appraiser by a certain date for the assessment based
  192         on character or use; authorizing the value adjustment
  193         board to grant late applications for such assessments
  194         if extenuating circumstances are shown; providing for
  195         the