Florida Senate - 2013                             CS for SB 1200
       
       
       
       By the Committee on Appropriations; and Senator Simpson
       
       
       
       
       576-04934-13                                          20131200c1
    1                        A bill to be entitled                      
    2         An act relating to the taxation of property; amending
    3         s. 193.461, F.S.; deleting authorization for a value
    4         adjustment board upon its own motion to review lands
    5         classified by a property appraiser as agricultural or
    6         nonagricultural; deleting a requirement that the
    7         property appraiser must reclassify as nonagricultural
    8         certain lands that have been zoned to a
    9         nonagricultural use; deleting authorization for a
   10         board of county commissioners to reclassify as
   11         nonagricultural certain lands that are contiguous to
   12         urban or metropolitan development under specified
   13         circumstances; deleting a presumption that land sold
   14         for a certain price is not used primarily for
   15         agricultural purposes; amending s. 193.503, F.S.;
   16         deleting authorization for a value adjustment board
   17         upon its own motion to review property granted or
   18         denied classification by a property appraiser as
   19         historic property that is being used for commercial or
   20         certain nonprofit purposes; amending s. 193.625, F.S.;
   21         deleting authorization for a value adjustment board
   22         upon its own motion to review land granted or denied a
   23         high-water recharge classification by a property
   24         appraiser; amending s. 196.194, F.S.; deleting
   25         authorization for a value adjustment board to review
   26         property tax exemptions upon its own motion or motion
   27         of the property appraiser and deleting certain notice
   28         requirements relating to the review of such
   29         exemptions; providing for retroactive application;
   30         providing an effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsections (2) and (4) of section 193.461,
   35  Florida Statutes, are amended to read:
   36         193.461 Agricultural lands; classification and assessment;
   37  mandated eradication or quarantine program.—
   38         (2) Any landowner whose land is denied agricultural
   39  classification by the property appraiser may appeal to the value
   40  adjustment board. The property appraiser shall notify the
   41  landowner in writing of the denial of agricultural
   42  classification on or before July 1 of the year for which the
   43  application was filed. The notification shall advise the
   44  landowner of his or her right to appeal to the value adjustment
   45  board and of the filing deadline. The board may also review all
   46  lands classified by the property appraiser upon its own motion.
   47  The property appraiser shall have available at his or her office
   48  a list by ownership of all applications received showing the
   49  acreage, the full valuation under s. 193.011, the valuation of
   50  the land under the provisions of this section, and whether or
   51  not the classification requested was granted.
   52         (4)(a) The property appraiser shall reclassify the
   53  following lands as nonagricultural:
   54         (a)1. Land diverted from an agricultural to a
   55  nonagricultural use.
   56         (b)2. Land no longer being utilized for agricultural
   57  purposes.
   58         3. Land that has been zoned to a nonagricultural use at the
   59  request of the owner subsequent to the enactment of this law.
   60         (b) The board of county commissioners may also reclassify
   61  lands classified as agricultural to nonagricultural when there
   62  is contiguous urban or metropolitan development and the board of
   63  county commissioners finds that the continued use of such lands
   64  for agricultural purposes will act as a deterrent to the timely
   65  and orderly expansion of the community.
   66         (c) Sale of land for a purchase price which is three or
   67  more times the agricultural assessment placed on the land shall
   68  create a presumption that such land is not used primarily for
   69  bona fide agricultural purposes. Upon a showing of special
   70  circumstances by the landowner demonstrating that the land is to
   71  be continued in bona fide agriculture, this presumption may be
   72  rebutted.
   73         Section 2. Subsection (7) of section 193.503, Florida
   74  Statutes, is amended to read:
   75         193.503 Classification and assessment of historic property
   76  used for commercial or certain nonprofit purposes.—
   77         (7) Any property owner who is denied classification under
   78  this section may appeal to the value adjustment board. The
   79  property appraiser shall notify the property owner in writing of
   80  the denial of such classification on or before July 1 of the
   81  year for which the application was filed. The notification shall
   82  advise the property owner of his or her right to appeal to the
   83  value adjustment board and of the filing deadline. The board may
   84  also review all property classified by the property appraiser
   85  upon its own motion. The property appraiser shall have available
   86  at his or her office a list by ownership of all applications
   87  received showing the full valuation under s. 193.011, the
   88  valuation of the property under the provisions of this section,
   89  and whether or not the classification requested was granted.
   90         Section 3. Subsection (2) of section 193.625, Florida
   91  Statutes, is amended to read:
   92         193.625 High-water recharge lands; classification and
   93  assessment.—
   94         (2) Any landowner whose land is within a county that has a
   95  high-water recharge protection tax assessment program and whose
   96  land is denied high-water recharge classification by the
   97  property appraiser may appeal to the value adjustment board. The
   98  property appraiser shall notify the landowner in writing of the
   99  denial of high-water recharge classification on or before July 1
  100  of the year for which the application was filed. The
  101  notification must advise the landowner of a right to appeal to
  102  the value adjustment board and of the filing deadline. The board
  103  may also review all lands classified by the property appraiser
  104  upon its own motion. The property appraiser shall have available
  105  at her or his office a list by ownership of all applications
  106  received showing the acreage, the full valuation under s.
  107  193.011, the valuation of the land under the provisions of this
  108  section, and whether or not the classification requested was
  109  granted.
  110         Section 4. Subsection (1) of section 196.194, Florida
  111  Statutes, is amended to read:
  112         196.194 Value adjustment board; notice; hearings;
  113  appearance before the board.—
  114         (1) The value adjustment board shall hear disputed or
  115  appealed applications for exemption and shall grant such
  116  exemptions in whole or in part in accordance with criteria set
  117  forth in this chapter. It may review exemptions on its own
  118  motion or upon motion of the property appraiser. Review of an
  119  exemption application upon motion of the board shall not be held
  120  until the applicant has had at least 5 calendar days’ notice of
  121  the intent of the board to review the application.
  122         Section 5. This act shall take effect upon becoming a law
  123  and apply retroactively to January 1, 2013.