1 | A bill to be entitled |
2 | An act relating to real property used for conservation |
3 | purposes; creating s. 196.26, F.S.; providing definitions; |
4 | providing for a full or partial exemption for land |
5 | dedicated in perpetuity for conservation purposes; |
6 | exempting certain real property encumbered by a |
7 | conservation easement purchased by the federal or state |
8 | government or by a local government; providing |
9 | circumstances under which land consisting of less than 40 |
10 | acres qualifies for such exemption; providing for the |
11 | assessment of buildings and structures on exempted lands; |
12 | requiring best management practices to be used for certain |
13 | agricultural lands; providing for third-party conservation |
14 | easement enforcement rights to water management districts; |
15 | creating the Board of Conservation for certain purposes; |
16 | providing for appointment of members; amending s. 193.501, |
17 | F.S.; revising a cross-reference; amending s. 704.06, |
18 | F.S.; requiring owners of property encumbered by a |
19 | conservation easement to comply with marketable record |
20 | title requirements to preserve the easement in perpetuity; |
21 | amending s. 195.073, F.S.; specifying an additional real |
22 | property assessment classification; amending s. 196.011, |
23 | F.S.; providing requirements and procedures for renewal |
24 | applications for exemptions for real property dedicated in |
25 | perpetuity for conservation purposes; requiring owners of |
26 | such property to notify the property appraiser when use of |
27 | the property no longer qualifies for the exemption; |
28 | providing penalties for failure to notify; providing for |
29 | application of certain lien provisions; amending s. |
30 | 192.0105, F.S.; conforming a cross-reference; creating s. |
31 | 218.125, F.S.; requiring the Legislature to appropriate |
32 | moneys to replace the reductions in ad valorem tax revenue |
33 | experienced by fiscally constrained counties with a |
34 | population not exceeding 25,000; requiring each fiscally |
35 | constrained county to apply to the Department of Revenue |
36 | to participate in the distribution of the appropriation; |
37 | specifying the documentation that must be provided to the |
38 | department; providing a formula for calculating the |
39 | reduction in ad valorem tax revenue; authorizing the |
40 | department to adopt emergency rules effective for a |
41 | specified period; providing for renewal of such rules; |
42 | providing applicability; providing an effective date. |
43 |
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44 | Be It Enacted by the Legislature of the State of Florida: |
45 |
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46 | Section 1. Section 196.26, Florida Statutes, is created to |
47 | read: |
48 | 196.26 Exemption for real property dedicated in perpetuity |
49 | for conservation purposes.-- |
50 | (1) As used in this section: |
51 | (a) "Allowed commercial uses" means commercial uses that |
52 | are allowed by the conservation easement encumbering the land |
53 | exempt from taxation under this section. |
54 | (b) "Conservation easement" means the property right |
55 | described in s. 704.06. |
56 | (c) "Conservation purposes" means: |
57 | 1. Retention of the substantial natural value of land, |
58 | including woodlands, wetlands, water courses, ponds, streams, |
59 | and natural open spaces; |
60 | 2. Retention of such lands as suitable habitat for fish, |
61 | plants, or wildlife; or |
62 | 3. Retention of such lands' natural value for water |
63 | quality enhancement or water recharge. |
64 | (d) "Dedicated in perpetuity" means that the land is |
65 | encumbered by an irrevocable, perpetual conservation easement. |
66 | (2) Land that is dedicated in perpetuity for conservation |
67 | purposes and that is used exclusively for conservation purposes |
68 | is exempt from ad valorem taxation. |
69 | (3)(a) Land that is dedicated in perpetuity for |
70 | conservation purposes and that is used for allowed commercial |
71 | uses is exempt from ad valorem taxation to the extent of 50 |
72 | percent of the assessed value of the land. |
73 | (b) Real property that is encumbered by a conservation |
74 | easement purchased by the federal or state government or by a |
75 | local government before May 1, 2009, is exempt from ad valorem |
76 | taxation. |
77 | (4) Land that comprises less than 40 contiguous acres does |
78 | not qualify for the exemption provided in this section unless, |
79 | in addition to meeting the other requirements of this section, |
80 | the use of the land for conservation purposes is determined by |
81 | the Board of Conservation to fulfill a clearly delineated state |
82 | conservation policy and yield a significant public benefit. The |
83 | determination of whether a significant public benefit exists |
84 | must include consideration of the fiscal impact the exemption |
85 | provided in this section will have on affected governments and |
86 | other taxpayers. |
87 | (5) Buildings, structures, and other improvements situated |
88 | on land receiving the exemption provided in this section and the |
89 | land area immediately surrounding the buildings, structures, and |
90 | improvements must be assessed separately pursuant to chapter |
91 | 193. |
92 | (6) Land that qualifies for the exemption provided in this |
93 | section the allowed commercial uses of which include agriculture |
94 | must comply with the most recent best management practices if |
95 | adopted by rule of the Department of Agriculture and Consumer |
96 | Services. |
97 | (7) As provided in s. 704.06(8) and (9), water management |
98 | districts with jurisdiction over lands receiving the exemption |
99 | provided in this section have a third-party right of enforcement |
100 | to enforce the terms of the applicable conservation easement for |
101 | any easement that is not enforceable by a federal or state |
102 | agency, county, municipality, or water management district. |
103 | (8) The Board of Conservation is created to make the |
104 | determinations required by subsection (4). The board shall |
105 | consist of eleven members appointed as follows: |
106 | (a) The Governor shall appoint one member representing a |
107 | rural-county government, one member representing a medium-county |
108 | government, one member representing a large-county government, |
109 | and two members each representing a nationally recognized |
110 | organization the purposes of which include the preservation of |
111 | conservation lands to serve on the board. |
112 | (b) The agency heads of the Department of Agriculture, the |
113 | Department of Environmental Protection, the Department of |
114 | Community Affairs, and the Fish and Wildlife Conservation |
115 | Commission shall each appoint one employee to serve on the |
116 | board. |
117 | (c) After the members have been selected under paragraphs |
118 | (a) and (b), those members shall select two additional members, |
119 | one member who owns not less than 40 nor more than 500 acres of |
120 | land and one member who owns not less than 2,500 acres of land. |
121 | Section 2. Subsection (1) of section 193.501, Florida |
122 | Statutes, is amended to read: |
123 | 193.501 Assessment of lands subject to a conservation |
124 | easement, environmentally endangered lands, or lands used for |
125 | outdoor recreational or park purposes when land development |
126 | rights have been conveyed or conservation restrictions have been |
127 | covenanted.-- |
128 | (1) The owner or owners in fee of any land subject to a |
129 | conservation easement as described in s. 704.06(1); land |
130 | qualified as environmentally endangered pursuant to paragraph |
131 | (6)(i) and so designated by formal resolution of the governing |
132 | board of the municipality or county within which such land is |
133 | located; land designated as conservation land in a comprehensive |
134 | plan adopted by the appropriate municipal or county governing |
135 | body; or any land which is utilized for outdoor recreational or |
136 | park purposes may, by appropriate instrument, for a term of not |
137 | less than 10 years: |
138 | (a) Convey the development right of such land to the |
139 | governing board of any public agency in this state within which |
140 | the land is located, or to the Board of Trustees of the Internal |
141 | Improvement Trust Fund, or to a charitable corporation or trust |
142 | as described in s. 704.06(3); or |
143 | (b) Covenant with the governing board of any public agency |
144 | in this state within which the land is located, or with the |
145 | Board of Trustees of the Internal Improvement Trust Fund, or |
146 | with a charitable corporation or trust as described in s. |
147 | 704.06(3), that such land be subject to one or more of the |
148 | conservation restrictions provided in s. 704.06(1) or not be |
149 | used by the owner for any purpose other than outdoor |
150 | recreational or park purposes. If land is covenanted and used |
151 | for an outdoor recreational purpose, the normal use and |
152 | maintenance of the land for that purpose, consistent with the |
153 | covenant, shall not be restricted. |
154 | Section 3. Subsection (12) is added to section 704.06, |
155 | Florida Statutes, to read: |
156 | 704.06 Conservation easements; creation; acquisition; |
157 | enforcement.-- |
158 | (12) An owner of property encumbered by a conservation |
159 | easement must abide by the requirements of chapter 712 or any |
160 | other similar law or rule to preserve the conservation easement |
161 | in perpetuity. |
162 | Section 4. Subsection (1) of section 195.073, Florida |
163 | Statutes, is amended to read: |
164 | 195.073 Classification of property.--All items required by |
165 | law to be on the assessment rolls must receive a classification |
166 | based upon the use of the property. The department shall |
167 | promulgate uniform definitions for all classifications. The |
168 | department may designate other subclassifications of property. |
169 | No assessment roll may be approved by the department which does |
170 | not show proper classifications. |
171 | (1) Real property must be classified according to the |
172 | assessment basis of the land into the following classes: |
173 | (a) Residential, subclassified into categories, one |
174 | category for homestead property and one for nonhomestead |
175 | property: |
176 | 1. Single family. |
177 | 2. Mobile homes. |
178 | 3. Multifamily. |
179 | 4. Condominiums. |
180 | 5. Cooperatives. |
181 | 6. Retirement homes. |
182 | (b) Commercial and industrial. |
183 | (c) Agricultural. |
184 | (d) Nonagricultural acreage. |
185 | (e) High-water recharge. |
186 | (f) Historic property used for commercial or certain |
187 | nonprofit purposes. |
188 | (g) Exempt, wholly or partially. |
189 | (h) Centrally assessed. |
190 | (i) Leasehold interests. |
191 | (j) Time-share property. |
192 | (k) Land assessed under s. 193.501. |
193 | (l)(k) Other. |
194 | Section 5. Subsections (6) and (9) of section 196.011, |
195 | Florida Statutes, are amended to read: |
196 | 196.011 Annual application required for exemption.-- |
197 | (6)(a) Once an original application for tax exemption has |
198 | been granted, in each succeeding year on or before February 1, |
199 | the property appraiser shall mail a renewal application to the |
200 | applicant, and the property appraiser shall accept from each |
201 | such applicant a renewal application on a form to be prescribed |
202 | by the Department of Revenue. Such renewal application shall be |
203 | accepted as evidence of exemption by the property appraiser |
204 | unless he or she denies the application. Upon denial, the |
205 | property appraiser shall serve, on or before July 1 of each |
206 | year, a notice setting forth the grounds for denial on the |
207 | applicant by first-class mail. Any applicant objecting to such |
208 | denial may file a petition as provided for in s. 194.011(3). |
209 | (b) Once an original application for tax exemption has |
210 | been granted under s. 196.26, in each succeeding year on or |
211 | before February 1, the property appraiser shall mail a renewal |
212 | application to the applicant on a form prescribed by the |
213 | Department of Revenue. The applicant must certify on the form |
214 | that the use of the property complies with the restrictions and |
215 | requirements of the conservation easement. The form shall |
216 | include a statement that the exemption granted under s. 196.26 |
217 | will not be renewed unless the application is returned to the |
218 | property appraiser. |
219 | (9)(a) A county may, at the request of the property |
220 | appraiser and by a majority vote of its governing body, waive |
221 | the requirement that an annual application or statement be made |
222 | for exemption of property within the county after an initial |
223 | application is made and the exemption granted. The waiver under |
224 | this subsection of the annual application or statement |
225 | requirement applies to all exemptions under this chapter except |
226 | the exemption under s. 196.1995. Notwithstanding such waiver, |
227 | refiling of an application or statement shall be required when |
228 | any property granted an exemption is sold or otherwise disposed |
229 | of, when the ownership changes in any manner, when the applicant |
230 | for homestead exemption ceases to use the property as his or her |
231 | homestead, or when the status of the owner changes so as to |
232 | change the exempt status of the property. In its deliberations |
233 | on whether to waive the annual application or statement |
234 | requirement, the governing body shall consider the possibility |
235 | of fraudulent exemption claims which may occur due to the waiver |
236 | of the annual application requirement. It is the duty of The |
237 | owner of any property granted an exemption who is not required |
238 | to file an annual application or statement shall to notify the |
239 | property appraiser promptly whenever the use of the property or |
240 | the status or condition of the owner changes so as to change the |
241 | exempt status of the property. If any property owner fails to so |
242 | notify the property appraiser and the property appraiser |
243 | determines that for any year within the prior 10 years the owner |
244 | was not entitled to receive such exemption, the owner of the |
245 | property is subject to the taxes exempted as a result of such |
246 | failure plus 15 percent interest per annum and a penalty of 50 |
247 | percent of the taxes exempted. Except for homestead exemptions |
248 | controlled by s. 196.161, it is the duty of the property |
249 | appraiser making such determination shall to record in the |
250 | public records of the county a notice of tax lien against any |
251 | property owned by that person or entity in the county, and such |
252 | property must be identified in the notice of tax lien. Such |
253 | property is subject to the payment of all taxes and penalties. |
254 | Such lien when filed shall attach to any property, identified in |
255 | the notice of tax lien, owned by the person who illegally or |
256 | improperly received the exemption. If Should such person no |
257 | longer owns own property in that county, but owns own property |
258 | in some other county or counties in the state, it shall be the |
259 | duty of the property appraiser shall to record a notice of tax |
260 | lien in such other county or counties, identifying the property |
261 | owned by such person or entity in such county or counties, and |
262 | it shall become a lien against such property in such county or |
263 | counties. |
264 | (b) The owner of any property granted an exemption under |
265 | s. 196.26 shall notify the property appraiser promptly whenever |
266 | the use of the property no longer complies with the restrictions |
267 | and requirements of the conservation easement. If the property |
268 | owner fails to so notify the property appraiser and the property |
269 | appraiser determines that for any year within the preceding 10 |
270 | years the owner was not entitled to receive the exemption, the |
271 | owner of the property is subject to taxes exempted as a result |
272 | of the failure plus 18 percent interest per annum and a penalty |
273 | of 100 percent of the taxes exempted. The provisions for tax |
274 | liens in paragraph (a) apply to property granted an exemption |
275 | under s. 196.26. |
276 | (c)(b) A county may, at the request of the property |
277 | appraiser and by a majority vote of its governing body, waive |
278 | the requirement that an annual application be made for the |
279 | veteran's disability discount granted pursuant to s. 6(g), Art. |
280 | VII of the State Constitution after an initial application is |
281 | made and the discount granted. It is the duty of The disabled |
282 | veteran receiving a discount for which annual application has |
283 | been waived shall to notify the property appraiser promptly |
284 | whenever the use of the property or the percentage of disability |
285 | to which the veteran is entitled changes. If a disabled veteran |
286 | fails to notify the property appraiser and the property |
287 | appraiser determines that for any year within the prior 10 years |
288 | the veteran was not entitled to receive all or a portion of such |
289 | discount, the penalties and processes in paragraph (a) relating |
290 | to the failure to notify the property appraiser of ineligibility |
291 | for an exemption shall apply. |
292 | (d)(c) For any exemption under s. 196.101(2), the |
293 | statement concerning gross income must be filed with the |
294 | property appraiser not later than March 1 of every year. |
295 | (e)(d) If an exemption for which the annual application is |
296 | waived pursuant to this subsection will be denied by the |
297 | property appraiser in the absence of the refiling of the |
298 | application, notification of an intent to deny the exemption |
299 | shall be mailed to the owner of the property prior to February |
300 | 1. If the property appraiser fails to timely mail such notice, |
301 | the application deadline for such property owner pursuant to |
302 | subsection (1) shall be extended to 28 days after the date on |
303 | which the property appraiser mails such notice. |
304 | Section 6. Paragraph (c) of subsection (2) of section |
305 | 192.0105, Florida Statutes, is amended to read: |
306 | 192.0105 Taxpayer rights.--There is created a Florida |
307 | Taxpayer's Bill of Rights for property taxes and assessments to |
308 | guarantee that the rights, privacy, and property of the |
309 | taxpayers of this state are adequately safeguarded and protected |
310 | during tax levy, assessment, collection, and enforcement |
311 | processes administered under the revenue laws of this state. The |
312 | Taxpayer's Bill of Rights compiles, in one document, brief but |
313 | comprehensive statements that summarize the rights and |
314 | obligations of the property appraisers, tax collectors, clerks |
315 | of the court, local governing boards, the Department of Revenue, |
316 | and taxpayers. Additional rights afforded to payors of taxes and |
317 | assessments imposed under the revenue laws of this state are |
318 | provided in s. 213.015. The rights afforded taxpayers to assure |
319 | that their privacy and property are safeguarded and protected |
320 | during tax levy, assessment, and collection are available only |
321 | insofar as they are implemented in other parts of the Florida |
322 | Statutes or rules of the Department of Revenue. The rights so |
323 | guaranteed to state taxpayers in the Florida Statutes and the |
324 | departmental rules include: |
325 | (2) THE RIGHT TO DUE PROCESS.-- |
326 | (c) The right to file a petition for exemption or |
327 | agricultural classification with the value adjustment board when |
328 | an application deadline is missed, upon demonstration of |
329 | particular extenuating circumstances for filing late (see ss. |
330 | 193.461(3)(a) and 196.011(1), (7), (8), and (9)(e)(d)). |
331 | Section 7. Section 218.125, Florida Statutes, is created |
332 | to read: |
333 | 218.125 Replacement for tax loss associated with certain |
334 | constitutional amendments affecting fiscally constrained |
335 | counties.-- |
336 | (1) Beginning in the 2010-2011 fiscal year, the |
337 | Legislature shall appropriate moneys to replace the reductions |
338 | in ad valorem tax revenue experienced by fiscally constrained |
339 | counties, as defined in s. 218.67(1), with a population not |
340 | greater than 25,000, which occur as a direct result of the |
341 | implementation of revisions of ss. 3(f) and 4(b), Art. VII of |
342 | the State Constitution which were approved in the general |
343 | election held in November 2008. The moneys appropriated for this |
344 | purpose shall be distributed in January of each fiscal year |
345 | among the fiscally constrained counties based on each county's |
346 | proportion of the total reduction in ad valorem tax revenue |
347 | resulting from the implementation of the revisions. |
348 | (2) On or before November 15 of each year, beginning in |
349 | 2010, each fiscally constrained county shall apply to the |
350 | Department of Revenue to participate in the distribution of the |
351 | appropriation and provide documentation supporting the county's |
352 | estimated reduction in ad valorem tax revenue in the form and |
353 | manner prescribed by the Department of Revenue. The |
354 | documentation must include an estimate of the reduction in |
355 | taxable value directly attributable to revisions of Art. VII of |
356 | the State Constitution for all county taxing jurisdictions |
357 | within the county and shall be prepared by the property |
358 | appraiser in each fiscally constrained county. The documentation |
359 | must also include the county millage rates applicable in all |
360 | such jurisdictions for the current year and the prior year, |
361 | rolled-back rates determined as provided in s. 200.065 for each |
362 | county taxing jurisdiction, and maximum millage rates that could |
363 | have been levied by majority vote pursuant to s. 200.185. For |
364 | purposes of this section, each fiscally constrained county's |
365 | reduction in ad valorem tax revenue shall be calculated as 95 |
366 | percent of the estimated reduction in taxable value times the |
367 | lesser of the 2010 applicable millage rate or the applicable |
368 | millage rate for each county taxing jurisdiction in the prior |
369 | year. |
370 | Section 8. The Department of Revenue may adopt emergency |
371 | rules to administer s. 196.26, Florida Statutes, as created by |
372 | this act. The emergency rules shall remain in effect for 6 |
373 | months after adoption and may be renewed during the pendency of |
374 | procedures to adopt rules addressing the subject of the |
375 | emergency rules. |
376 | Section 9. This act shall take effect upon becoming a law |
377 | and shall apply to property tax assessments made on or after |
378 | January 1, 2010. |