Reform efforts target farm 'greenbelt'
law
Efforts to strengthen a farmland
preservation law face resistance from the agricultural
industry, which says changes to the 1959 'greenbelt' law
could hurt struggling farmers.
BY BETH REINHARD
breinhard@MiamiHerald.com
For the first time in more
than a decade, the Florida Legislature is considering
reforms to a landmark law that grants roughly $745 million a
year in tax breaks on farmland.
Sen. Steve Geller, a
Hallandale Beach Democrat, and Rep. Juan Zapata, a Miami
Republican, are pushing bills aimed at stopping developers
from abusing the 1959 ''greenbelt'' law.
The law was intended to help
farmers stay in business by reducing their property taxes.
But many developers keep cows or crops on their land in
order to win the same tax benefits.
''It bothers me when
developers are calling Hertz rent-a-cow,'' said Geller, the
Senate's Democratic leader. ``There comes a time when the
land is no longer agricultural, and the landowners are just
trying to avoid paying taxes.''
Other taxpayers have to pick
up the slack, or less money is available for schools, public
safety and other government services.
A Miami Herald investigation
last year found that the Broward and Miami-Dade landowners
claiming the biggest agricultural tax breaks are developers
and land speculators. The Herald report found cows grazing
on developer-owned properties strewn with rocks, trash,
melaleuca and even construction equipment.
CURRENT LAW
Colleen Boggs, chairwoman of
the Miami-Dade Agricultural Practices committee and a
tropical fruit nursery owner, said the current law already
allows property appraisers to strip agricultural tax breaks
from sham farms. She said struggling farmers should be
allowed to seek development permits that increase their
land's value.
''A farmer needs options,''
she said. ``He shouldn't be punished for preparing for a
time before it actually happens. . . . I'm afraid of a new
law.''
Farmland preservation
advocates say farmers can't have it both ways, getting the
tax break while they're in business and while they're
getting out of it.
Most states that grant tax
breaks on farmland insist that landowners tend a certain
number of acres, turn a profit, promise not to build, or pay
back taxes when they do. Neither bill in Tallahassee
includes these requirements.
Under the House bill,
property owners would lose agricultural tax breaks after
requesting ''government approvals or authorizations . . .
that demonstrate an intent to change the land use in the
immediate future.'' That means a landowner who applies for a
subdivision plat, water or sewer services, or land-use
change.
The Senate bill would allow
landowners to continue receiving agricultural tax breaks
during the early stages of development, until the building
permits are issued.
''From a conservation
perspective, we prefer the House bill, because it limits the
amount of time a developer can take advantage of a farmland
program,'' said Ben Kurtzman, legislative specialist for the
Washington-based American Farmland Trust.
''I don't think the Senate
bill does much of anything, and it may make it worse,'' said
Janet Bowman, legal director for 1000 Friends of Florida, a
growth management group in Tallahassee. ``Usually the
building permit is the last thing a landowner applies for.''
NEGOTIATIONS
Geller said he is negotiating
with agricultural leaders over the bill's wording. He also
is trying to pacify some senators on the agricultural
committee, who balked at the notion of reforms during an
October meeting.
Zapata, who serves on the
House agricultural committee, is braced for a fight during
the annual legislative session, which begins Tuesday.
''The industry knows there
are abuses and they're willing to ignore them, which is
irresponsible,'' he said. ``I'd like to hear how they
justify that.''
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