| 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 exemption for land dedicated in | 
| 5 | perpetuity and used exclusively for conservation purposes; | 
| 6 | providing a partial ad valorem tax exemption for | 
| 7 | conservation land that is used for commercial purposes; | 
| 8 | permitting land smaller than a certain size to qualify for | 
| 9 | the exemption upon approval by the Acquisition and | 
| 10 | Restoration Council; requiring the Acquisition and | 
| 11 | Restoration Council to consider whether the property will | 
| 12 | yield a significant public benefit; specifying criteria; | 
| 13 | requiring approved lands to have a management plan; | 
| 14 | specifying baseline documentation required for certain | 
| 15 | conservation easements; providing for the assessment of | 
| 16 | buildings and structures on exempted lands; exempting | 
| 17 | certain structures and improvements from certain | 
| 18 | assessments; requiring best management practices to be | 
| 19 | used for certain agricultural lands; providing for third- | 
| 20 | party conservation easement enforcement rights to water | 
| 21 | management districts under certain circumstances; | 
| 22 | requiring the Acquisition and Restoration Council to | 
| 23 | maintain a list of certain enforcement entities; amending | 
| 24 | s. 193.501, F.S.; revising a cross-reference; requiring | 
| 25 | the owner of the land to annually apply to the property | 
| 26 | appraiser by a certain date for the assessment based on | 
| 27 | character or use; authorizing the property appraiser or | 
| 28 | value adjustment board to grant late applications for such | 
| 29 | assessments if extenuating circumstances are shown; | 
| 30 | providing application requirements; providing for a | 
| 31 | nonrefundable fee; providing for waiver of the annual | 
| 32 | filing requirement under certain circumstances; requiring | 
| 33 | a landowner to notify the property appraiser if the land | 
| 34 | becomes ineligible for the assessment benefit; imposing | 
| 35 | penalties for nonpayment of ad valorem taxes after a loss | 
| 36 | of eligibility for the assessment benefit; directing the | 
| 37 | property appraiser to record a notice of tax lien; | 
| 38 | amending s. 704.06, F.S.; requiring owners of property | 
| 39 | encumbered by a conservation easement to comply with | 
| 40 | marketable record title requirements to preserve the | 
| 41 | easement in perpetuity; amending s. 195.073, F.S.; | 
| 42 | specifying an additional real property assessment | 
| 43 | classification; amending s. 196.011, F.S.; providing | 
| 44 | requirements and procedures for renewal applications for | 
| 45 | exemptions for real property dedicated in perpetuity for | 
| 46 | conservation purposes; requiring owners of such property | 
| 47 | to notify the property appraiser when use of the property | 
| 48 | no longer qualifies for the exemption; providing penalties | 
| 49 | for failure to notify; providing for application of | 
| 50 | certain lien provisions; amending s. 192.0105, F.S.; | 
| 51 | conforming a cross-reference; creating s. 218.125, F.S.; | 
| 52 | requiring the Legislature to appropriate moneys to offset | 
| 53 | the reductions in ad valorem tax revenue experienced by | 
| 54 | fiscally constrained counties; requiring each fiscally | 
| 55 | constrained county to apply to the Department of Revenue | 
| 56 | to participate in the distribution of the appropriation; | 
| 57 | specifying the documentation that must be provided to the | 
| 58 | department; providing a formula for calculating the | 
| 59 | reduction in ad valorem tax revenue; authorizing the | 
| 60 | department to adopt emergency rules effective for a | 
| 61 | specified period; providing for renewal of such rules; | 
| 62 | providing applicability; providing an effective date. | 
| 63 | 
 | 
| 64 | Be It Enacted by the Legislature of the State of Florida: | 
| 65 | 
 | 
| 66 | Section 1.  Section 196.26, Florida Statutes, is created to | 
| 67 | read: | 
| 68 | 196.26  Exemption for real property dedicated in perpetuity | 
| 69 | for conservation purposes.-- | 
| 70 | (1)  As used in this section: | 
| 71 | (a)  "Allowed commercial uses" means commercial uses that | 
| 72 | are allowed by the conservation easement encumbering the land | 
| 73 | exempt from taxation under this section. | 
| 74 | (b)  "Conservation easement" means the property right | 
| 75 | described in s. 704.06. | 
| 76 | (c)  "Conservation purposes" means: | 
| 77 | 1.  Serving a conservation purpose, as defined in 26 U.S.C. | 
| 78 | s. 170(h)(4)(A)(i)-(iii), for land which serves as the basis of | 
| 79 | a qualified conservation contribution under 26 U.S.C. s. 170(h); | 
| 80 | or | 
| 81 | 2.a.  Retention of the substantial natural value of land, | 
| 82 | including woodlands, wetlands, water courses, ponds, streams, | 
| 83 | and natural open spaces; | 
| 84 | b.  Retention of such lands as suitable habitat for fish, | 
| 85 | plants, or wildlife; or | 
| 86 | c.  Retention of such lands' natural value for water | 
| 87 | quality enhancement or water recharge. | 
| 88 | (d)  "Dedicated in perpetuity" means that the land is | 
| 89 | encumbered by an irrevocable, perpetual conservation easement. | 
| 90 | (2)  Land that is dedicated in perpetuity for conservation | 
| 91 | purposes and that is used exclusively for conservation purposes | 
| 92 | is exempt from ad valorem taxation. Such exclusive use does not | 
| 93 | preclude the receipt of income from activities that are | 
| 94 | consistent with a management plan when the income is used to | 
| 95 | implement, maintain, and manage the management plan. | 
| 96 | (3)  Land that is dedicated in perpetuity for conservation | 
| 97 | purposes and that is used for allowed commercial uses is exempt | 
| 98 | from ad valorem taxation to the extent of 50 percent of the | 
| 99 | assessed value of the land. | 
| 100 | (4)  Land that comprises less than 40 contiguous acres does | 
| 101 | not qualify for the exemption provided in this section unless, | 
| 102 | in addition to meeting the other requirements of this section, | 
| 103 | the use of the land for conservation purposes is determined by | 
| 104 | the Acquisition and Restoration Council created in s. 259.035 to | 
| 105 | fulfill a clearly delineated state conservation policy and yield | 
| 106 | a significant public benefit. In making its determination of | 
| 107 | public benefit, the Acquisition and Restoration Council must | 
| 108 | give particular consideration to land that: | 
| 109 | (a)  Contains a natural sinkhole or natural spring that | 
| 110 | serves a water recharge or production function; | 
| 111 | (b)  Contains a unique geological feature; | 
| 112 | (c)  Provides habitat for endangered or threatened species; | 
| 113 | (d)  Provides nursery habitat for marine and estuarine | 
| 114 | species; | 
| 115 | (e)  Provides protection or restoration of vulnerable | 
| 116 | coastal areas; | 
| 117 | (f)  Preserves natural shoreline habitat; or | 
| 118 | (g)  Provides retention of natural open space in otherwise | 
| 119 | densely built-up areas. | 
| 120 | 
 | 
| 121 | Any land approved by the Acquisition and Restoration Council | 
| 122 | under this subsection must have a management plan and a | 
| 123 | designated manager who will be responsible for implementing the | 
| 124 | management plan. | 
| 125 | (5)  The conservation easement that serves as the basis for | 
| 126 | the exemption granted by this section must include baseline | 
| 127 | documentation as to the natural values to be protected on the | 
| 128 | land and may include a management plan that details the | 
| 129 | management of the land so as to effectuate the conservation of | 
| 130 | natural resources on the land. | 
| 131 | (6)  Buildings, structures, and other improvements situated | 
| 132 | on land receiving the exemption provided in this section and the | 
| 133 | land area immediately surrounding the buildings, structures, and | 
| 134 | improvements must be assessed separately pursuant to chapter | 
| 135 | 193. However, structures and other improvements that are | 
| 136 | auxiliary to the use of the land for conservation purposes are | 
| 137 | exempt to the same extent as the underlying land. | 
| 138 | (7)  Land that qualifies for the exemption provided in this | 
| 139 | section the allowed commercial uses of which include agriculture | 
| 140 | must comply with the most recent best management practices if | 
| 141 | adopted by rule of the Department of Agriculture and Consumer | 
| 142 | Services. | 
| 143 | (8)  As provided in s. 704.06(8) and (9), water management | 
| 144 | districts with jurisdiction over lands receiving the exemption | 
| 145 | provided in this section have a third-party right of enforcement | 
| 146 | to enforce the terms of the applicable conservation easement for | 
| 147 | any easement that is not enforceable by a federal or state | 
| 148 | agency, county, municipality, or water management district when | 
| 149 | the holder of the easement is unable or unwilling to enforce the | 
| 150 | terms of the easement. | 
| 151 | (9)  The Acquisition and Restoration Council, created in s. | 
| 152 | 259.035, shall maintain a list of nonprofit entities that are | 
| 153 | qualified to enforce the provisions of a conservation easement. | 
| 154 | Section 2.  Subsection (1) of section 193.501, Florida | 
| 155 | Statutes, is amended, and subsections (8) and (9) are added to | 
| 156 | that section, to read: | 
| 157 | 193.501  Assessment of lands subject to a conservation | 
| 158 | easement, environmentally endangered lands, or lands used for | 
| 159 | outdoor recreational or park purposes when land development | 
| 160 | rights have been conveyed or conservation restrictions have been | 
| 161 | covenanted.-- | 
| 162 | (1)  The owner or owners in fee of any land subject to a | 
| 163 | conservation easement as described in s. 704.06 (1); land | 
| 164 | qualified as environmentally endangered pursuant to paragraph | 
| 165 | (6)(i) and so designated by formal resolution of the governing | 
| 166 | board of the municipality or county within which such land is | 
| 167 | located; land designated as conservation land in a comprehensive | 
| 168 | plan adopted by the appropriate municipal or county governing | 
| 169 | body; or any land which is utilized for outdoor recreational or | 
| 170 | park purposes may, by appropriate instrument, for a term of not | 
| 171 | less than 10 years: | 
| 172 | (a)  Convey the development right of such land to the | 
| 173 | governing board of any public agency in this state within which | 
| 174 | the land is located, or to the Board of Trustees of the Internal | 
| 175 | Improvement Trust Fund, or to a charitable corporation or trust | 
| 176 | as described in s. 704.06(3); or | 
| 177 | (b)  Covenant with the governing board of any public agency | 
| 178 | in this state within which the land is located, or with the | 
| 179 | Board of Trustees of the Internal Improvement Trust Fund, or | 
| 180 | with a charitable corporation or trust as described in s. | 
| 181 | 704.06(3), that such land be subject to one or more of the | 
| 182 | conservation restrictions provided in s. 704.06(1) or not be | 
| 183 | used by the owner for any purpose other than outdoor | 
| 184 | recreational or park purposes. If land is covenanted and used | 
| 185 | for an outdoor recreational purpose, the normal use and | 
| 186 | maintenance of the land for that purpose, consistent with the | 
| 187 | covenant, shall not be restricted. | 
| 188 | (8)  A person or organization that, on January 1, has the | 
| 189 | legal title to land that is entitled by law to assessment under | 
| 190 | this section shall, on or before March 1 of each year, file an | 
| 191 | application for assessment under this section with the county | 
| 192 | property appraiser. The application must identify the property | 
| 193 | for which assessment under this section is claimed. The initial | 
| 194 | application for assessment for any property must include a copy | 
| 195 | of the instrument by which the development right is conveyed or | 
| 196 | which establishes a covenant that establishes the conservation | 
| 197 | purposes for which the land is used. The Department of Revenue | 
| 198 | shall prescribe the forms upon which the application is made. | 
| 199 | The failure to file an application on or before March 1 of any | 
| 200 | year constitutes a waiver of assessment under this section for | 
| 201 | that year. However, an applicant who is qualified to receive an | 
| 202 | assessment under this section but fails to file an application | 
| 203 | by March 1 may file an application for the assessment and may | 
| 204 | file, pursuant to s. 194.011(3), a petition with the value | 
| 205 | adjustment board requesting that the assessment be granted. The | 
| 206 | petition must be filed at any time during the taxable year on or | 
| 207 | before the 25th day following the mailing of the notice by the | 
| 208 | property appraiser pursuant to s. 194.011(1). Notwithstanding s. | 
| 209 | 194.013, the applicant must pay a nonrefundable fee of $15 upon | 
| 210 | filing the petition. Upon reviewing the petition, if the person | 
| 211 | is qualified to receive the assessment and demonstrates | 
| 212 | particular extenuating circumstances judged by the property | 
| 213 | appraiser or the value adjustment board to warrant granting the | 
| 214 | assessment, the property appraiser or the value adjustment board | 
| 215 | may grant the assessment. The owner of land that was assessed | 
| 216 | under this section in the previous year and whose ownership or | 
| 217 | use has not changed may reapply on a short form as provided by | 
| 218 | the department. A county may, at the request of the property | 
| 219 | appraiser and by a majority vote of its governing body, waive | 
| 220 | the requirement that an annual application or statement be made | 
| 221 | for assessment of property within the county. Such waiver may be | 
| 222 | revoked by a majority vote of the governing body of the county. | 
| 223 | (9)  A person or entity that owns land assessed pursuant to | 
| 224 | this section must notify the property appraiser promptly if the | 
| 225 | land becomes ineligible for assessment under this section. If | 
| 226 | any property owner fails to notify the property appraiser and | 
| 227 | the property appraiser determines that for any year within the | 
| 228 | preceding 10 years the land was not eligible for assessment | 
| 229 | under this section, the owner of the land is subject to taxes | 
| 230 | avoided as a result of such failure plus 15 percent interest per | 
| 231 | annum and a penalty of 50 percent of the taxes avoided. The | 
| 232 | property appraiser making such determination shall record in the | 
| 233 | public records of the county a notice of tax lien against any | 
| 234 | property owned by that person or entity in the county, and such | 
| 235 | property must be identified in the notice of tax lien. The | 
| 236 | property is subject to a lien in the amount of the unpaid taxes | 
| 237 | and penalties. The lien when filed shall attach to any property | 
| 238 | identified in the notice of tax lien which is owned by the | 
| 239 | person or entity and which was improperly assessed. If such | 
| 240 | person or entity no longer owns property in that county but owns | 
| 241 | property in some other county or counties of this state, the | 
| 242 | property appraiser shall record a notice of tax lien in such | 
| 243 | other county or counties, identifying the property owned by such | 
| 244 | person or entity. | 
| 245 | Section 3.  Subsection (12) is added to section 704.06, | 
| 246 | Florida Statutes, to read: | 
| 247 | 704.06  Conservation easements; creation; acquisition; | 
| 248 | enforcement.-- | 
| 249 | (12)  An owner of property encumbered by a conservation | 
| 250 | easement must abide by the requirements of chapter 712 or any | 
| 251 | other similar law or rule to preserve the conservation easement | 
| 252 | in perpetuity. | 
| 253 | Section 4.  Subsection (1) of section 195.073, Florida | 
| 254 | Statutes, is amended to read: | 
| 255 | 195.073  Classification of property.--All items required by | 
| 256 | law to be on the assessment rolls must receive a classification | 
| 257 | based upon the use of the property. The department shall | 
| 258 | promulgate uniform definitions for all classifications. The | 
| 259 | department may designate other subclassifications of property. | 
| 260 | No assessment roll may be approved by the department which does | 
| 261 | not show proper classifications. | 
| 262 | (1)  Real property must be classified according to the | 
| 263 | assessment basis of the land into the following classes: | 
| 264 | (a)  Residential, subclassified into categories, one | 
| 265 | category for homestead property and one for nonhomestead | 
| 266 | property: | 
| 267 | 1.  Single family. | 
| 268 | 2.  Mobile homes. | 
| 269 | 3.  Multifamily. | 
| 270 | 4.  Condominiums. | 
| 271 | 5.  Cooperatives. | 
| 272 | 6.  Retirement homes. | 
| 273 | (b)  Commercial and industrial. | 
| 274 | (c)  Agricultural. | 
| 275 | (d)  Nonagricultural acreage. | 
| 276 | (e)  High-water recharge. | 
| 277 | (f)  Historic property used for commercial or certain | 
| 278 | nonprofit purposes. | 
| 279 | (g)  Exempt, wholly or partially. | 
| 280 | (h)  Centrally assessed. | 
| 281 | (i)  Leasehold interests. | 
| 282 | (j)  Time-share property. | 
| 283 | (k)  Land assessed under s. 193.501. | 
| 284 | (l) (k)Other. | 
| 285 | Section 5.  Subsections (6) and (9) of section 196.011, | 
| 286 | Florida Statutes, are amended to read: | 
| 287 | 196.011  Annual application required for exemption.-- | 
| 288 | (6)(a)  Once an original application for tax exemption has | 
| 289 | been granted, in each succeeding year on or before February 1, | 
| 290 | the property appraiser shall mail a renewal application to the | 
| 291 | applicant, and the property appraiser shall accept from each | 
| 292 | such applicant a renewal application on a form to beprescribed | 
| 293 | by the Department of Revenue. Such renewal application shall be | 
| 294 | accepted as evidence of exemption by the property appraiser | 
| 295 | unless he or she denies the application. Upon denial, the | 
| 296 | property appraiser shall serve, on or before July 1 of each | 
| 297 | year, a notice setting forth the grounds for denial on the | 
| 298 | applicant by first-class mail. Any applicant objecting to such | 
| 299 | denial may file a petition as provided for in s. 194.011(3). | 
| 300 | (b)  Once an original application for tax exemption has | 
| 301 | been granted under s. 196.26, in each succeeding year on or | 
| 302 | before February 1, the property appraiser shall mail a renewal | 
| 303 | application to the applicant on a form prescribed by the | 
| 304 | Department of Revenue. The applicant must certify on the form | 
| 305 | that the use of the property complies with the restrictions and | 
| 306 | requirements of the conservation easement. The form shall | 
| 307 | include a statement that the exemption granted under s. 196.26 | 
| 308 | will not be renewed unless the application is returned to the | 
| 309 | property appraiser. | 
| 310 | (9)(a)  A county may, at the request of the property | 
| 311 | appraiser and by a majority vote of its governing body, waive | 
| 312 | the requirement that an annual application or statement be made | 
| 313 | for exemption of property within the county after an initial | 
| 314 | application is made and the exemption granted. The waiver under | 
| 315 | this subsection of the annual application or statement | 
| 316 | requirement applies to all exemptions under this chapter except | 
| 317 | the exemption under s. 196.1995. Notwithstanding such waiver, | 
| 318 | refiling of an application or statement shall be required when | 
| 319 | any property granted an exemption is sold or otherwise disposed | 
| 320 | of, when the ownership changes in any manner, when the applicant | 
| 321 | for homestead exemption ceases to use the property as his or her | 
| 322 | homestead, or when the status of the owner changes so as to | 
| 323 | change the exempt status of the property. In its deliberations | 
| 324 | on whether to waive the annual application or statement | 
| 325 | requirement, the governing body shall consider the possibility | 
| 326 | of fraudulent exemption claims which may occur due to the waiver | 
| 327 | of the annual application requirement. It is the duty ofThe | 
| 328 | owner of any property granted an exemption who is not required | 
| 329 | to file an annual application or statement shall tonotify the | 
| 330 | property appraiser promptly whenever the use of the property or | 
| 331 | the status or condition of the owner changes so as to change the | 
| 332 | exempt status of the property. If any property owner fails to so | 
| 333 | notify the property appraiser and the property appraiser | 
| 334 | determines that for any year within the prior 10 years the owner | 
| 335 | was not entitled to receive such exemption, the owner of the | 
| 336 | property is subject to the taxes exempted as a result of such | 
| 337 | failure plus 15 percent interest per annum and a penalty of 50 | 
| 338 | percent of the taxes exempted. Except for homestead exemptions | 
| 339 | controlled by s. 196.161, it is the duty ofthe property | 
| 340 | appraiser making such determination shall torecord in the | 
| 341 | public records of the county a notice of tax lien against any | 
| 342 | property owned by that person or entity in the county, and such | 
| 343 | property must be identified in the notice of tax lien. Such | 
| 344 | property is subject to the payment of all taxes and penalties. | 
| 345 | Such lien when filed shall attach to any property, identified in | 
| 346 | the notice of tax lien, owned by the person who illegally or | 
| 347 | improperly received the exemption. If Shouldsuch person no | 
| 348 | longer owns ownproperty in that county,but ownsownproperty | 
| 349 | in some other county or counties in the state, it shall be the  | 
| 350 | duty ofthe property appraiser shalltorecord a notice of tax | 
| 351 | lien in such other county or counties, identifying the property | 
| 352 | owned by such person or entity in such county or counties, and | 
| 353 | it shall become a lien against such property in such county or | 
| 354 | counties. | 
| 355 | (b)  The owner of any property granted an exemption under | 
| 356 | s. 196.26 shall notify the property appraiser promptly whenever | 
| 357 | the use of the property no longer complies with the restrictions | 
| 358 | and requirements of the conservation easement. If the property | 
| 359 | owner fails to so notify the property appraiser and the property | 
| 360 | appraiser determines that for any year within the preceding 10 | 
| 361 | years the owner was not entitled to receive the exemption, the | 
| 362 | owner of the property is subject to taxes exempted as a result | 
| 363 | of the failure plus 18 percent interest per annum and a penalty | 
| 364 | of 100 percent of the taxes exempted. The provisions for tax | 
| 365 | liens in paragraph (a) apply to property granted an exemption | 
| 366 | under s. 196.26. | 
| 367 | (c) (b)A county may, at the request of the property | 
| 368 | appraiser and by a majority vote of its governing body, waive | 
| 369 | the requirement that an annual application be made for the | 
| 370 | veteran's disability discount granted pursuant to s. 6(g), Art. | 
| 371 | VII of the State Constitution after an initial application is | 
| 372 | made and the discount granted. It is the duty ofThe disabled | 
| 373 | veteran receiving a discount for which annual application has | 
| 374 | been waived shall tonotify the property appraiser promptly | 
| 375 | whenever the use of the property or the percentage of disability | 
| 376 | to which the veteran is entitled changes. If a disabled veteran | 
| 377 | fails to notify the property appraiser and the property | 
| 378 | appraiser determines that for any year within the prior 10 years | 
| 379 | the veteran was not entitled to receive all or a portion of such | 
| 380 | discount, the penalties and processes in paragraph (a) relating | 
| 381 | to the failure to notify the property appraiser of ineligibility | 
| 382 | for an exemption shall apply. | 
| 383 | (d) (c)For any exemption under s. 196.101(2), the | 
| 384 | statement concerning gross income must be filed with the | 
| 385 | property appraiser not later than March 1 of every year. | 
| 386 | (e) (d)If an exemption for which the annual application is | 
| 387 | waived pursuant to this subsection will be denied by the | 
| 388 | property appraiser in the absence of the refiling of the | 
| 389 | application, notification of an intent to deny the exemption | 
| 390 | shall be mailed to the owner of the property prior to February | 
| 391 | 1. If the property appraiser fails to timely mail such notice, | 
| 392 | the application deadline for such property owner pursuant to | 
| 393 | subsection (1) shall be extended to 28 days after the date on | 
| 394 | which the property appraiser mails such notice. | 
| 395 | Section 6.  Paragraph (c) of subsection (2) of section | 
| 396 | 192.0105, Florida Statutes, is amended to read: | 
| 397 | 192.0105  Taxpayer rights.--There is created a Florida | 
| 398 | Taxpayer's Bill of Rights for property taxes and assessments to | 
| 399 | guarantee that the rights, privacy, and property of the | 
| 400 | taxpayers of this state are adequately safeguarded and protected | 
| 401 | during tax levy, assessment, collection, and enforcement | 
| 402 | processes administered under the revenue laws of this state. The | 
| 403 | Taxpayer's Bill of Rights compiles, in one document, brief but | 
| 404 | comprehensive statements that summarize the rights and | 
| 405 | obligations of the property appraisers, tax collectors, clerks | 
| 406 | of the court, local governing boards, the Department of Revenue, | 
| 407 | and taxpayers. Additional rights afforded to payors of taxes and | 
| 408 | assessments imposed under the revenue laws of this state are | 
| 409 | provided in s. 213.015. The rights afforded taxpayers to assure | 
| 410 | that their privacy and property are safeguarded and protected | 
| 411 | during tax levy, assessment, and collection are available only | 
| 412 | insofar as they are implemented in other parts of the Florida | 
| 413 | Statutes or rules of the Department of Revenue. The rights so | 
| 414 | guaranteed to state taxpayers in the Florida Statutes and the | 
| 415 | departmental rules include: | 
| 416 | (2)  THE RIGHT TO DUE PROCESS.-- | 
| 417 | (c)  The right to file a petition for exemption or | 
| 418 | agricultural classification with the value adjustment board when | 
| 419 | an application deadline is missed, upon demonstration of | 
| 420 | particular extenuating circumstances for filing late (see ss. | 
| 421 | 193.461(3)(a) and 196.011(1), (7), (8), and (9)(e) (d)). | 
| 422 | Section 7.  Section 218.125, Florida Statutes, is created | 
| 423 | to read: | 
| 424 | 218.125  Offset for tax loss associated with certain | 
| 425 | constitutional amendments affecting fiscally constrained | 
| 426 | counties.-- | 
| 427 | (1)  Beginning in the 2010-2011 fiscal year, the | 
| 428 | Legislature shall appropriate moneys to offset the reductions in | 
| 429 | ad valorem tax revenue experienced by fiscally constrained | 
| 430 | counties, as defined in s. 218.67(1), which occur as a direct | 
| 431 | result of the implementation of revisions of ss. 3(f) and 4(b) | 
| 432 | of Art. VII of the State Constitution which were approved in the | 
| 433 | general election held in November 2008. The moneys appropriated | 
| 434 | for this purpose shall be distributed in January of each fiscal | 
| 435 | year among the fiscally constrained counties based on each | 
| 436 | county's proportion of the total reduction in ad valorem tax | 
| 437 | revenue resulting from the implementation of the revisions. | 
| 438 | (2)  On or before November 15 of each year, beginning in | 
| 439 | 2010, each fiscally constrained county shall apply to the | 
| 440 | Department of Revenue to participate in the distribution of the | 
| 441 | appropriation and provide documentation supporting the county's | 
| 442 | estimated reduction in ad valorem tax revenue in the form and | 
| 443 | manner prescribed by the Department of Revenue. The | 
| 444 | documentation must include an estimate of the reduction in | 
| 445 | taxable value directly attributable to revisions of Art. VII of | 
| 446 | the State Constitution for all county taxing jurisdictions | 
| 447 | within the county and shall be prepared by the property | 
| 448 | appraiser in each fiscally constrained county. The documentation | 
| 449 | must also include the county millage rates applicable in all | 
| 450 | such jurisdictions for the current year and the prior year, | 
| 451 | rolled-back rates determined as provided in s. 200.065 for each | 
| 452 | county taxing jurisdiction, and maximum millage rates that could | 
| 453 | have been levied by majority vote pursuant to s. 200.185. For | 
| 454 | purposes of this section, each fiscally constrained county's | 
| 455 | reduction in ad valorem tax revenue shall be calculated as 95 | 
| 456 | percent of the estimated reduction in taxable value multiplied | 
| 457 | by the lesser of the 2010 applicable millage rate or the | 
| 458 | applicable millage rate for each county taxing jurisdiction in | 
| 459 | the prior year. | 
| 460 | Section 8.  The Department of Revenue may adopt emergency | 
| 461 | rules to administer s. 196.26, Florida Statutes, as created by | 
| 462 | this act. The emergency rules shall remain in effect for 6 | 
| 463 | months after adoption and may be renewed during the pendency of | 
| 464 | procedures to adopt rules addressing the subject of the | 
| 465 | emergency rules. | 
| 466 | Section 9.  This act shall take effect upon becoming a law | 
| 467 | and shall apply to property tax assessments made on or after | 
| 468 | January 1, 2010. |