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Date Posted: 08:18:28 08/13/08 Wed
Author: Varmit
Subject: Inside>>>>>>
In reply to: Varmit 's message, "This is what we have to put up with down here" on 08:17:16 08/13/08 Wed

Editorial: Agriculture tax exemptions: It's all a matter of definition
Property appraisers need better tools for winnowing the wheat from the chaff
Tuesday, August 12, 2008


STORY TOOLS

"Ag is like pornography," St. Lucie County Property Appraiser Jeff Furst said. "It's hard to describe, but I know it when I see it."

Furst and his colleagues around the state are trained to recognize legitimate agricultural operations. Conversely, they can spot an ag operation that fails to meet the definition of "good faith commercial agricultural use" set forth in Florida's Administrative Code.

When the latter occurs, a property appraiser will deny a landowner's request for an agricultural classification — or remove an already existing ag classification. The result? Depending upon the size and location of the property, the landowner may get hit with a tax bill of tens of thousands of dollars.

Some property owners choose to challenge the property appraiser's decision in court. And the courts have tended to place the burden of proof on property appraisers, not property owners.

"We've got a lot of land that shouldn't be receiving an ag exemption for its true function," Furst said, "but we have no legal way to remove the ag exemption."

No legal way. Those are key words.

Frank Desguin is the Charlotte County property appraiser and former president of the Florida Association of Property Appraisers. Desguin is weary of doing battle with landowners who obtain the ag classification solely for tax purposes. He says the Florida Legislature needs to give property appraisers better tools to do their jobs.

One suggestion?

"Florida statutes really don't define what 'bona fide commercial agricultural use' is," Desguin said. "This term is better defined in the Florida Administrative Code." But, as he points out, the administrative code doesn't carry the same authority in the judicial system.

"Lawmakers should consider making some of the ag definitions that appear in the administrative code part of Florida statutes," Desguin said.

Another possible solution? Establish a law allowing counties to claim back taxes — from either the landowner or developer — if a non-agricultural development is built within three years of a sale of farmland.

Florida's "greenbelt laws" were created in 1959 to protect genuine farming and ranching operations from rising property values and property taxes. There are thousands of legitimate ag operations in the Sunshine State — and each is deserving of the agricultural classification. However, many ag landowners fear they'll lose these protections if the Legislature decides to reconsider ag laws.

Lawmakers need to leave protections in place for genuine agricultural operations. But they also need to clarify and toughen the statutes so property appraisers can winnow the wheat from the chaff.

The number of agriculture parcels by county and ag applications denied this year by Treasure Coast property appraisers:

Martin: 2,187 — 24

St. Lucie: 2,279 — 66

Indian River: 1,571 — 23

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