History of the Conservation Exemptions

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Ronald Jenkins
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1 Conservation Exemptions Agricultural Classification For Property Tax George Wheeler IDP Administrator CUS Florida Dept. of Revenue December 2010 U of F History of the Conservation Exemptions 2008 Florida s Constitution Amended 2009 Florida Legislature passed Statutes196.26(2)&(3) 2010 January 1 Effective date for Tax Roll Exemption for Conservation Easements Dedicated in perpetuity for Conservation to a Conservation Land Trust Recorded in the Clerk of Circuit Court Recorded as of January 1 of the application year 1

2 Conservation Easements Benefits some form of Conservation In most cases reduce the market value of the land on resale Usually allows low impact Agriculture which includes Tree Farming Easement is monitored by a Conservation Land Trust or State Agency Conservation Easement Sections (2)&(3), F.S. Conservation Exemption, F.S.Sections (2)&(3), F.S., created two classes of property tax exemptions: 100% : Dedicated in perpetuity, encumbered by an irrevocable conservation easement, 100% of INCOME is returned to easement conservation management (no profit for owner) 50% : Dedicated in perpetuity, encumbered by an irrevocable conservation easement, NO INCOME requirements (owner may take profit) Perpetual Conservation Easement Property Tax Exemptions Exemption for Conservation Dedicated in Perpetuity Initial Application: DR-418 C Exemption for Conservation Dedicated in Perpetuity Renewal: DR-418CR Notes: Agriculture is an allowed commercial use on conservation easements. Parcels less than 40 contiguous acres are to be sent to the Florida Acquisition and Restoration Council (ARC) for approval. 2

3 Application DR-418C Application made in County Property Office January 1 thru March 1 for approval Parcels of less than 40 acres are sent to ARC for approval Acquisition and Restoration Council (ARC) The Florida Acquisition and Restoration Council (ARC) is a committee appointed by the Governor that selects and ranks conservation acquisition projects, reviews land management issues and provides input to the Governor and the Board of Trustees of the Internal Improvement Trust Fund. This committee will approve or deny all perpetual conservation easements property tax exemptions of less than 40 contiguous acres. Some Florida Conservation Easements Holders and Land Trust US Fish and Wildlife Service The State of Florida, DEP and DOT Florida Water Management Districts i t The Nature Conservancy Conservation Trust for Florida Tall Timbers Foundation 3

4 Florida Acquisition and Restoration Council (less than 40 acres conservation easements) Contact Information: The Office of Environmental Services (ARC) Florida Dept. of Environmental Protection Division of State Lands 3900 Commonwealth Blvd., Mail Station 140 Tallahassee, Fl Phone FAX Attention: Jim Farr Agriculture Classification of Land F.S Greenbelt History 1958 created by Florida Legislature To qualify for an Agriculture Classification the Property must be used primarily for Bona Fide Agriculture Purposes. Bona Fide Agricultural Purpose means Good Faith Commercial Agriculture use of the Land. Application DR-482 Application is made in County Property Appraiser Office for approval January 1 thru March 1 If approved the assessment is an Agriculture Value in Use Not a Market Value Agriculture Value in Use Assessment Greenbelt Assessment Value in Use Assessment by the Agriculture Income Valued based on the Department of Revenue Agriculture Guidelines by the County Property Appraiser Valued by the Agriculture Income Capitalized. 4

5 Florida Agriculture Uses Common Uses of Florida Ag Land Tree Farming Pasture Row Crops Citrus Sugar Cane others aquaculture etc. Land Used for Conservation Purposes Assessment F.S Land Used for Conservation Classification less than perpetual for 10 years or more. Application DR-482C Application is made in the county Property Appraiser Office fro approval from January 1 thru March 1 NOTE the are no guideline on how to arrive at conservation value or assessment for the County Property Appraiser. Contact Information George Wheeler IDP Administrator CUS Fl id D f R Florida Department of Revenue Property Tax Oversight Phone Office Phone Cell wheelerg@dor.state.fl.us 5

NOTICE OF RULE DEVELOPMENT. Purchase Price Paid as a Factor in Determining Agricultural Classification.

NOTICE OF RULE DEVELOPMENT. Purchase Price Paid as a Factor in Determining Agricultural Classification. FLORIDA DEPARMENT OF REVENUE Property Tax Oversight Program NOTICE OF RULE DEVELOPMENT RULE NO.: 12D-5.002 12D-5.004 RULE TITLE: Purchase Price Paid as a Factor in Determining Agricultural Classification.