Bill Amendment: FL S1630 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Department of Agriculture and Consumer Services
Status: 2014-05-01 - Laid on Table, companion bill(s) passed, see CS/HB 7091 (Ch. 2014-150), HB 5003 (Ch. 2014-53) [S1630 Detail]
Download: Florida-2014-S1630-Senate_Committee_Amendment_433018.html
Bill Title: Department of Agriculture and Consumer Services
Status: 2014-05-01 - Laid on Table, companion bill(s) passed, see CS/HB 7091 (Ch. 2014-150), HB 5003 (Ch. 2014-53) [S1630 Detail]
Download: Florida-2014-S1630-Senate_Committee_Amendment_433018.html
Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1630 Ì433018ÈÎ433018 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with title amendment) 2 3 Between lines 334 and 335 4 insert: 5 Section 2. Paragraph (a) of subsection (3) and subsection 6 (7) of section 193.461, Florida Statutes, are amended to read: 7 193.461 Agricultural lands; classification and assessment; 8 mandated eradication or quarantine program.— 9 (3)(a)NoLands may notshallbe classified as agricultural 10 lands unless a return is filed on or before March 1 of each 11 year. The property appraiser, before so classifying such lands, 12 may require the taxpayer or the taxpayer’s representative to 13 furnish the property appraiser such information as may 14 reasonably be required to establish that such lands were 15 actually used for a bona fide agricultural purpose. Failure to 16 make timely application by March 1 shall constitute a waiver for 17 1 year of the privilege herein granted for agricultural 18 assessment. However, an applicant who is qualified to receive an 19 agricultural classification who fails to file an application by 20 March 1 mustmayfile an application for the classification with 21 the property appraiser within 25 days after the property 22 appraiser mails the notices required under s. 194.011(1). Upon 23 receipt of sufficient evidence, as determined by the property 24 appraiser, demonstrating that the applicant was unable to apply 25 for the classification in a timely manner or otherwise 26 demonstrating extenuating circumstances judged by the property 27 appraiser to warrant granting the classification, the property 28 appraiser may grant the classification. If the applicant fails 29 to produce sufficient evidence demonstrating that the applicant 30 was unable to apply for the classification in a timely manner or 31 otherwise demonstrating extenuating circumstances as judged by 32 the property appraiser, the applicantandmay file, pursuant to 33 s. 194.011(3), a petition with the value adjustment board 34 requesting that the classification be granted. The petition may 35 be filed at any time during the taxable year on or before the 36 25th day following the mailing of the notice by the property 37 appraiser as provided in s. 194.011(1). Notwithstandingthe38provisions ofs. 194.013, the applicant must pay a nonrefundable 39 fee of $15 upon filing the petition. Upon reviewing the 40 petition, if the person is qualified to receive the 41 classification and demonstrates particular extenuating 42 circumstances judged by theproperty appraiser or thevalue 43 adjustment board to warrant granting the classification,the44property appraiser orthe value adjustment board may grant the 45 classification for the current year. The owner of land that was 46 classified agricultural in the previous year and whose ownership 47 or use has not changed may reapply on a short form as provided 48 by the department. The lessee of property may make original 49 application or reapply using the short form if the lease, or an 50 affidavit executed by the owner, provides that the lessee is 51 empowered to make application for the agricultural 52 classification on behalf of the owner and a copy of the lease or 53 affidavit accompanies the application. A county may, at the 54 request of the property appraiser and by a majority vote of its 55 governing body, waive the requirement that an annual application 56 or statement be made for classification of property within the 57 county after an initial application is made and the 58 classification granted by the property appraiser. Such waiver 59 may be revoked by a majority vote of the governing body of the 60 county. 61 (7)(a) Lands classified for assessment purposes as 62 agricultural lands which are taken out of production by aany63 state or federal eradication or quarantine program shall 64 continue to be classified as agricultural lands for the duration 65 of such program or successor programs. Lands under these 66 programs which are converted to fallow,or otherwise nonincome 67 producing uses shall continue to be classified as agricultural 68 lands and shall be assessed at a de minimis value of up tono69more than$50 per acre, on a single year assessment methodology; 70 however, lands converted to other income-producing agricultural 71 uses permissible under such programs shall be assessed pursuant 72 to this section. Land under a mandated eradication or quarantine 73 program which is diverted from an agricultural to a 74 nonagricultural use shall be assessed under s. 193.011. 75 (b) Lands classified for assessment purposes as 76 agricultural lands which participate in a dispersed water 77 storage program pursuant to a contract with the Department of 78 Environmental Protection or a water management district which 79 requires flooding of land shall continue to be classified as 80 agricultural lands for the duration of the inclusion of the 81 lands in such program or successor programs and shall be 82 assessed as nonproductive agricultural lands. Land under a 83 dispersed water storage program which is diverted to a 84 nonagricultural use shall be assessed under s. 193.011. 85 Section 3. Section 373.4591, Florida Statutes, is amended 86 to read: 87 373.4591 Improvements on private agricultural lands.—The 88 Legislature encourages public-private partnerships to accomplish 89 water storage and water quality improvements on private 90 agricultural lands. When an agreement is entered into between a 91 water management district or the department and a private 92 landowner to establish such a partnership, a baseline condition 93 determining the extent of wetlands and other surface waters on 94 the property shall be established and documented in the 95 agreement before improvements are constructed. When an agreement 96 is entered into between the Department of Agriculture and 97 Consumer Services and a private landowner to implement best 98 management practices pursuant to s. 403.067(7)(c), a baseline 99 condition determining the extent of wetlands and other surface 100 waters on the property may be established at the option and 101 expense of the private landowner and documented in the agreement 102 before improvements are constructed. The Department of 103 Agriculture and Consumer Services shall submit the landowner’s 104 proposed baseline condition documentation to the lead agency for 105 review and approval, and the agency shall make every effort to 106 complete the review within 45 days. The Department of 107 Agriculture and Consumer Services, the department, and the water 108 management districts shall coordinate on a process for reviewing 109 such requests. The determination of afor thebaseline condition 110 shall be conducted using the methods set forth in the rules 111 adopted pursuant to s. 373.421. The baseline condition 112 documented in antheagreement shall be considered the extent of 113 wetlands and other surface waters on the property for the 114 purpose of regulation under this chapter for the duration of the 115 agreement and after its expiration. 116 117 ================= T I T L E A M E N D M E N T ================ 118 And the title is amended as follows: 119 Delete line 6 120 and insert: 121 Commissioner of Agriculture; amending s. 193.461, 122 F.S.; authorizing a property appraiser to grant an 123 agricultural classification after the application 124 deadline upon a showing of extenuating circumstances; 125 providing that participation in certain dispersed 126 water storage programs does not change a land’s 127 agricultural classification for assessment purposes; 128 amending s. 373.4591, F.S.; authorizing agricultural 129 landowners to establish baseline wetland and surface 130 water conditions before implementing certain best 131 management practice implementation agreements; 132 requiring establishment of a process for review of 133 proposed baseline condition determinations; 134 transferring,