Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2244
       
       
       
       
       
       
                                Barcode 339652                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2009           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Environmental Preservation and Conservation
       (Dockery) recommended the following:
       
    1         Senate Amendment to Amendment (191502) (with title
    2  amendment)
    3  
    4         Delete lines 81 - 620
    5  and insert:
    6         4.Includes a shoreline adjacent to a beach on the Atlantic
    7  Ocean or Gulf of Mexico, Outstanding Florida Waters, an Estuary
    8  of National Significance, or an American Heritage River; or
    9         5.Is adjacent to public lands that are managed for
   10  conservation purposes or other private lands that are
   11  perpetually encumbered by a conservation easement or other
   12  conservation protection agreement, and is at least 5 contiguous
   13  acres in size.
   14         (b)In order to qualify for the exemption under this
   15  section, real property that is less than 40 contiguous acres
   16  must have a management plan that is approved by the entity
   17  responsible for enforcing the easement or other conservation
   18  protection agreement.
   19         (5)The Department of Revenue shall adopt rules providing
   20  for the administration of this section.
   21         (6)The Department of Environmental Protection shall adopt
   22  by rule a list of nonprofit entities that are qualified to
   23  enforce the provisions of an easement or other conservation
   24  protection agreement.
   25         Section 2. Section 193.501, Florida Statutes, is amended to
   26  read:
   27         193.501 Assessment of lands used for conservation purposes
   28  subject to a conservation easement, environmentally endangered
   29  lands, or lands used for outdoor recreational or park purposes
   30  when land development rights have been conveyed or conservation
   31  restrictions have been covenanted.—
   32         (1)As used in this section and pursuant to s. 4(b), Art.
   33  VII of the State Constitution, the term:
   34         (a)“Lands used for conservation purposes” means:
   35         1.Lands designated as environmentally endangered lands by
   36  a formal resolution of the governing body of the local
   37  government within whose jurisdictional boundaries the land is
   38  located;
   39         2.Land designated as conservation land in a local
   40  comprehensive plan adopted by the appropriate local governing
   41  body pursuant to chapter 163;
   42         3.Lands used for outdoor recreational or park purposes if
   43  land development rights have been conveyed; or
   44         4.Lands used for the conservation specified in s. 196.1962
   45  when a conservation easement or a conservation protection
   46  agreement has been executed pursuant to s. 704.06.
   47         5.Land for which a conservation management plan has been
   48  filed with the Fish and Wildlife Conservation Commission or a
   49  water management district and for which the activities and
   50  actions are being carried out according the conservation
   51  management plan.
   52         (b)“Board” means the governing board of any municipality
   53  county, or other public agency of the state, or the Board of
   54  Trustees of the Internal Improvement Trust Fund.
   55         (c)“Conservation easement” has the same meaning as
   56  provided in s. 704.06(1).
   57         (d)“Covenant” means a covenant running with the land.
   58         (e)“Deferred tax liability” means an amount equal to the
   59  difference between the total amount of taxes that would have
   60  been due in March in each of the previous years in which the
   61  conveyance or covenant was in effect if the property had been
   62  assessed under the provisions of s. 193.011 and the total amount
   63  of taxes actually paid in those years if the property was
   64  assessed as provided in this section, plus interest on that
   65  difference. The interest accrues at the rate of 1 percent per
   66  month beginning on the 21st day of the month following the month
   67  in which the full amount of tax based on an assessment pursuant
   68  to s. 193.011 would have been due.
   69         (f)“Development right” means the right of the owner of the
   70  fee interest in the land to change the use of the land.
   71         (g)“Outdoor recreational or park purposes” includes, but
   72  is not limited to, boating, golfing, camping, swimming,
   73  horseback riding, and archaeological, scenic, or scientific
   74  sites. The term applies only to activities on land that is open
   75  to the general public.
   76         (h)“Qualified as environmentally endangered” means:
   77         1.Land that has unique ecological characteristics, rare or
   78  limited combinations of geological formations, or features of a
   79  rare or limited nature constituting habitat suitable for fish,
   80  plants, or wildlife, and which, if subject to a development
   81  moratorium or one or more conservation easements or development
   82  restrictions appropriate to retaining such land or water areas
   83  predominantly in their natural state, would be consistent with
   84  the conservation, recreation and open space and, if applicable,
   85  coastal protection elements of the comprehensive plan adopted by
   86  formal action of the local governing body pursuant to s.
   87  163.3161, the Local Government Comprehensive Planning and Land
   88  Development Regulation Act; or
   89         2.Surface waters and wetlands as determined by the
   90  methodology ratified by s. 373.4211.
   91         (i)“Conservation management plan” means a document filed
   92  with the Fish and Wildlife Conservation Commission or a water
   93  management district specifying actions and activities to be
   94  undertaken on an annual basis for a period of at least 10 years
   95  to manage land for the benefit of native wildlife and habitat,
   96  native plant and animal communities, and natural water features.
   97         (2)(1) The owner or owners in fee of any land used for
   98  conservation subject to a conservation easement as described in
   99  s. 704.06(1); land qualified as environmentally endangered
  100  pursuant to paragraph (6)(i) and so designated by formal
  101  resolution of the governing board of the municipality or county
  102  within which such land is located; land designated as
  103  conservation land in a comprehensive plan adopted by the
  104  appropriate municipal or county governing body; or any land
  105  which is utilized for outdoor recreational or park purposes may,
  106  by appropriate instrument, for a term of at least not less than
  107  10 years:
  108         (a) Convey the development right of such land to the
  109  governing board of any public agency in this state within which
  110  the land is located, or to the Board of Trustees of the Internal
  111  Improvement Trust Fund, or to a charitable corporation or trust
  112  as described in s. 704.06(4) s. 704.06(3); or
  113         (b) Covenant with the governing board of any public agency
  114  in this state within which the land is located, or with the
  115  Board of Trustees of the Internal Improvement Trust Fund, or
  116  with a charitable corporation or trust as described in s.
  117  704.06(4) s. 704.06(3), that such land be subject to one or more
  118  of the prohibitions or limitations conservation restrictions
  119  provided in s. 704.06(1) or that not be used by the owner may
  120  not use the land for any purpose other than outdoor recreational
  121  or park purposes if development rights are conveyed. If land is
  122  covenanted and used for an outdoor recreational purpose, the
  123  normal use and maintenance of the land for that purpose,
  124  consistent with the covenant, shall not be restricted.
  125         (3)(2) The governing board of any public agency in this
  126  state, or the Board of Trustees of the Internal Improvement
  127  Trust Fund, or a charitable corporation or trust as described in
  128  s. 704.06(4) s. 704.06(3), is authorized and empowered in its
  129  discretion to accept any and all instruments that convey
  130  conveying the development right of any such land or establish
  131  establishing a covenant for a term of at least 10 years.
  132  pursuant to subsection (1), and If accepted by the board or
  133  charitable corporation or trust, the instrument shall be
  134  promptly recorded in the official public records of the county
  135  in which the land is located filed with the appropriate officer
  136  for recording in the same manner as any other instrument
  137  affecting the title to real property.
  138         (4)(3) When, pursuant to subsections (1) and (2), the
  139  development right in real property has been conveyed to the
  140  governing board of any public agency of this state, to the Board
  141  of Trustees of the Internal Improvement Trust Fund, or to a
  142  charitable corporation or trust as described in s. 704.06(3) s.
  143  704.06(2), or a covenant has been executed and accepted by the
  144  board or charitable corporation or trust, the lands which are
  145  the subject of such conveyance or covenant shall be thereafter
  146  assessed as provided herein:
  147         (a) If the covenant or conveyance extends for a period of
  148  at least not less than 10 years following from January 1 in the
  149  year such assessment is made, the property appraiser, in valuing
  150  such land for tax purposes, shall assess the land solely on the
  151  basis of character or use consider no factors other than those
  152  relative to its value for the present use, as restricted by any
  153  conveyance or covenant under this section.
  154         (b) If the covenant or conveyance extends for a period less
  155  than 10 years, the land shall be assessed under the provisions
  156  of s. 193.011, recognizing the nature and length thereof of any
  157  restriction placed on the use of the land under the provisions
  158  of subsection (1).
  159         (5)If a conservation management plan extends for a period
  160  of at least 10 years following January 1 in the year the plan is
  161  filed with the appropriate agency and the landowner has provided
  162  a current copy of the conservation management plan to the
  163  property appraiser along with a signed statement of the
  164  landowner’s good-faith intention to use the land only for
  165  conservation purposes before March 1 of the same year, the
  166  property appraiser shall assess the land solely on the basis of
  167  character of use.
  168         (a)Plans required by this subsection must be filed with
  169  the Fish and Wildlife Conservation Commission if the primary
  170  conservation use is restoration or protection of native wildlife
  171  habitat or native plant and animal communities.
  172         (b)Plans required by this subsection must be filed with
  173  the water management district within the boundaries of which the
  174  land is located if the primary conservation use is restoration
  175  or protection of natural water features.
  176         (c)The commission and the Department of Environmental
  177  Protection shall produce a guidance document establishing the
  178  form and content of a conservation management plan and
  179  establishing minimum standards for such plans regarding
  180  restoration and protection of wildlife habitats, plant and
  181  animal communities, and natural water features; control of
  182  exotic species; use of prescribed fire; removal of diseased and
  183  damaged vegetation; and other activities as may be necessary to
  184  manage conservation land for the benefit of wildlife, plant and
  185  animal communities, and water resources.
  186         (d)The property appraiser may require a signed application
  187  that includes a statement of the landowner’s good-faith
  188  intention to use the land only for conservation purposes as
  189  described in this section, to keep such uses for a period of 10
  190  years after the date of the application, and, upon failure to
  191  carry out the conservation management plan, to pay the
  192  difference between the total amount of taxes assessed and the
  193  total amount that would have been due in March of the current
  194  year and each of the previous 10 years if the land had not been
  195  assessed solely on the basis of character or use as provided in
  196  this section.
  197         (6)(4) After conveying making a conveyance of the
  198  development right or executing a covenant or conservation
  199  protection agreement pursuant to this section, or conveying a
  200  conservation easement pursuant to this section and s. 704.06,
  201  the owner of the land shall not use the land in any manner not
  202  consistent with the development right voluntarily conveyed, or
  203  with the restrictions voluntarily imposed, or with the terms of
  204  the conservation easement or conservation protection agreement,
  205  or shall not change the use of the land from outdoor
  206  recreational or park purposes during the term of such conveyance
  207  or covenant without first obtaining a written instrument from
  208  the board or charitable corporation or trust, which must
  209  reconvey to the owner instrument reconveys all or part of the
  210  development right to the owner or which must release releases
  211  the owner from the terms of the covenant. The written instrument
  212  must be recorded in the official records of the county in which
  213  the property subject to the reconveyance or release is located
  214  and which instrument must be promptly recorded in the same
  215  manner as any other instrument affecting the title to real
  216  property. Upon obtaining approval for reconveyance or release
  217  from the board or the charitable organization or trust, the
  218  reconveyance or release shall be made to the owner upon payment
  219  of the deferred tax liability. Any payment of the deferred tax
  220  liability shall be payable to the county tax collector within 90
  221  days of the date of approval for reconveyance or release by the
  222  board or charitable corporation or trust of the reconveyance or
  223  release. The collector shall distribute the payment to each
  224  governmental unit in the proportion that its millage bears to
  225  the total millage levied on the parcel for the years in which
  226  such conveyance or covenant was in effect.
  227         (7)(5) The governing board of any public agency in this
  228  state or the Board of Trustees of the Internal Improvement Trust
  229  Fund or a charitable corporation or trust which holds title to a
  230  development right pursuant to this section may not convey that
  231  development right to anyone other than the governing board of
  232  another public agency in this state or a charitable corporation
  233  or trust, as described in s. 704.06(4) s. 704.06(3), or the
  234  record owner of the fee interest in the land to which the
  235  development right attaches. The conveyance from the governing
  236  board of a public agency or the Board of Trustees of the
  237  Internal Improvement Trust Fund to the owner of the fee shall be
  238  made only after a determination by the board that such
  239  conveyance would not adversely affect the interest of the
  240  public. Section 125.35 does not apply to such sales, but any
  241  public agency accepting any instrument conveying a development
  242  right pursuant to this section shall forthwith adopt appropriate
  243  regulations and procedures governing the disposition of same.
  244  These regulations and procedures must provide in part that the
  245  board may not convey a development right to the owner of the fee
  246  without first holding a public hearing and unless notice of the
  247  proposed conveyance and the time and place at which the public
  248  hearing is to be held is published once a week for at least 2
  249  weeks in some newspaper of general circulation in the county in
  250  which the property is located before involved prior to the
  251  hearing.
  252         (6)The following terms whenever used as referred to in
  253  this section have the following meanings unless a different
  254  meaning is clearly indicated by the context:
  255         (a)“Board” is the governing board of any city, county, or
  256  other public agency of the state or the Board of Trustees of the
  257  Internal Improvement Trust Fund.
  258         (b)“Conservation restriction” means a limitation on a
  259  right to the use of land for purposes of conserving or
  260  preserving land or water areas predominantly in their natural,
  261  scenic, open, agricultural, or wooded condition. The limitation
  262  on rights to the use of land may involve or pertain to any of
  263  the activities enumerated in s. 704.06(1).
  264         (c)“Conservation easement” means that property right
  265  described in s. 704.06.
  266         (d)“Covenant” is a covenant running with the land.
  267         (e)“Deferred tax liability” means an amount equal to the
  268  difference between the total amount of taxes that would have
  269  been due in March in each of the previous years in which the
  270  conveyance or covenant was in effect if the property had been
  271  assessed under the provisions of s. 193.011 and the total amount
  272  of taxes actually paid in those years when the property was
  273  assessed under the provisions of this section, plus interest on
  274  that difference computed as provided in s. 212.12(3).
  275         (f)“Development right” is the right of the owner of the
  276  fee interest in the land to change the use of the land.
  277         (g)“Outdoor recreational or park purposes” includes, but
  278  is not necessarily limited to, boating, golfing, camping,
  279  swimming, horseback riding, and archaeological, scenic, or
  280  scientific sites and applies only to land which is open to the
  281  general public.
  282         (h)“Present use” is the manner in which the land is
  283  utilized on January 1 of the year in which the assessment is
  284  made.
  285         (i)“Qualified as environmentally endangered” means land
  286  that has unique ecological characteristics, rare or limited
  287  combinations of geological formations, or features of a rare or
  288  limited nature constituting habitat suitable for fish, plants,
  289  or wildlife, and which, if subject to a development moratorium
  290  or one or more conservation easements or development
  291  restrictions appropriate to retaining such land or water areas
  292  predominantly in their natural state, would be consistent with
  293  the conservation, recreation and open space, and, if applicable,
  294  coastal protection elements of the comprehensive plan adopted by
  295  formal action of the local governing body pursuant to s.
  296  163.3161, the Local Government Comprehensive Planning and Land
  297  Development Regulation Act; or surface waters and wetlands, as
  298  determined by the methodology ratified in s. 373.4211.
  299         (8)(7)(a) The property appraiser shall report to the
  300  department showing the just value and the classified use value
  301  of lands used for property that is subject to a conservation
  302  purposes pursuant to this section easement under s. 704.06,
  303  property assessed as environmentally endangered land pursuant to
  304  this section, and property assessed as outdoor recreational or
  305  park land.
  306         (b) The tax collector shall annually report to the
  307  department the amount of deferred tax liability collected
  308  pursuant to this section.
  309         Section 3. Subsection (1) of section 195.073, Florida
  310  Statutes, is amended to read:
  311         195.073 Classification of property.—All items required by
  312  law to be on the assessment rolls must receive a classification
  313  based upon the use of the property. The department shall
  314  promulgate uniform definitions for all classifications. The
  315  department may designate other subclassifications of property.
  316  No assessment roll may be approved by the department which does
  317  not show proper classifications.
  318         (1) Real property must be classified according to the
  319  assessment basis of the land into the following classes:
  320         (a) Residential, subclassified into categories, one
  321  category for homestead property and one for nonhomestead
  322  property:
  323         1. Single family.
  324         2. Mobile homes.
  325         3. Multifamily.
  326         4. Condominiums.
  327         5. Cooperatives.
  328         6. Retirement homes.
  329         (b) Commercial and industrial.
  330         (c) Agricultural.
  331         (d) Nonagricultural acreage.
  332         (e) High-water recharge.
  333         (f) Historic property used for commercial or certain
  334  nonprofit purposes.
  335         (g) Exempt, wholly or partially.
  336         (h) Centrally assessed.
  337         (i) Leasehold interests.
  338         (j) Time-share property.
  339         (k)Land used for conservation purposes under s. 193.501.
  340         (l)(k) Other.
  341         Section 4. Paragraph (b) of subsection (1) and subsections
  342  (6) and (9) of section 196.011, Florida Statutes, are amended to
  343  read:
  344         196.011 Annual application required for exemption.—
  345         (1)
  346         (b) The form to apply for an exemption under s. 196.031, s.
  347  196.081, s. 196.091, s. 196.101, 196.1962, or s. 196.202 s.
  348  196.031, s. 196.081, s. 196.091, s. 196.101, or s. 196.202 must
  349  include a space for the applicant to list the social security
  350  number of the applicant and of the applicant’s spouse, if any.
  351  If an applicant files a timely and otherwise complete
  352  application, and omits the required social security numbers, the
  353  application is incomplete. In that event, the property appraiser
  354  shall contact the applicant, who may refile a complete
  355  application by April 1. Failure to file a complete application
  356  by that date constitutes a waiver of the exemption privilege for
  357  that year, except as provided in subsection (7) or subsection
  358  (8).
  359         (6)(a) Once an original application for tax exemption has
  360  been granted, in each succeeding year on or before February 1,
  361  the property appraiser shall mail a renewal application to the
  362  applicant, and the property appraiser shall accept from each
  363  such applicant a renewal application on a form to be prescribed
  364  by the Department of Revenue. Such renewal application shall be
  365  accepted as evidence of exemption by the property appraiser
  366  unless he or she denies the application. Upon denial, the
  367  property appraiser shall serve, on or before July 1 of each
  368  year, a notice setting forth the grounds for denial on the
  369  applicant by first-class mail. Any applicant objecting to such
  370  denial may file a petition as provided for in s. 194.011(3).
  371         (b)Once an original application for the tax exemption has
  372  been granted under s. 196.1962, in each succeeding year on or
  373  before February 1, the property appraiser shall mail a renewal
  374  application to the applicant on a form prescribed by the
  375  Department of Revenue. The applicant must certify on the form
  376  that the use of the property has not changed. The form shall
  377  include a statement that the exemption granted under s. 196.1962
  378  will not be renewed unless application is returned to the
  379  property appraiser.
  380         (9)(a) A county may, at the request of the property
  381  appraiser and by a majority vote of its governing body, waive
  382  the requirement that an annual application or statement be made
  383  for exemption of property within the county after an initial
  384  application is made and the exemption granted. The waiver under
  385  this subsection of the annual application or statement
  386  requirement applies to all exemptions under this chapter except
  387  the exemption under s. 196.1995. Notwithstanding such waiver,
  388  refiling of an application or statement shall be required when
  389  any property granted an exemption is sold or otherwise disposed
  390  of, when the ownership changes in any manner, when the applicant
  391  for homestead exemption ceases to use the property as his or her
  392  homestead, or when the status of the owner changes so as to
  393  change the exempt status of the property. In its deliberations
  394  on whether to waive the annual application or statement
  395  requirement, the governing body shall consider the possibility
  396  of fraudulent exemption claims which may occur due to the waiver
  397  of the annual application requirement. It is The duty of the
  398  owner of any property granted an exemption who is not required
  399  to file an annual application or statement has a duty to notify
  400  the property appraiser promptly whenever the use of the property
  401  or the status or condition of the owner changes so as to change
  402  the exempt status of the property. If any property owner fails
  403  to so notify the property appraiser and the property appraiser
  404  determines that for any year within the prior 10 years the owner
  405  was not entitled to receive such exemption, the owner of the
  406  property is subject to the taxes exempted as a result of such
  407  failure plus 15 percent interest per annum and a penalty of 50
  408  percent of the taxes exempted. Except for homestead exemptions
  409  controlled by s. 196.161, it is the duty of the property
  410  appraiser making such determination has a duty to record in the
  411  public records of the county a notice of tax lien against any
  412  property owned by that person or entity in the county, and such
  413  property must be identified in the notice of tax lien. Such
  414  property is subject to the payment of all taxes and penalties.
  415  Such lien when filed shall attach to any property, identified in
  416  the notice of tax lien, owned by the person who illegally or
  417  improperly received the exemption. Should such person no longer
  418  own property in that county, but own property in some other
  419  county or counties in the state, it shall be the duty of the
  420  property appraiser has a duty to record a notice of tax lien in
  421  such other county or counties, identifying the property owned by
  422  such person or entity in such county or counties, and it shall
  423  become a lien against such property in such county or counties.
  424         (b)The owner of any property granted an exemption under s.
  425  196.1962 has a duty to notify the property appraiser promptly
  426  whenever the use of the property changes. If the property owner
  427  fails to so notify the property appraiser and the property
  428  appraiser determines that for any year within the preceding 10
  429  years the owner was not entitled to receive the exemption, the
  430  owner of the property is subject to taxes exempted as a result
  431  of the failure plus 18 percent interest per annum and a penalty
  432  of 100 percent of the taxes exempted. The provisions for tax
  433  liens in paragraph (a) apply to property granted an exemption
  434  under s. 196.1962.
  435         (c)(b) A county may, at the request of the property
  436  appraiser and by a majority vote of its governing body, waive
  437  the requirement that an annual application be made for the
  438  veteran’s disability discount granted pursuant to s. 6(g), Art.
  439  VII of the State Constitution after an initial application is
  440  made and the discount granted. It is the duty of The disabled
  441  veteran receiving a discount for which annual application has
  442  been waived has a duty to notify the property appraiser promptly
  443  whenever the use of the property or the percentage of disability
  444  to which the veteran is entitled changes. If a disabled veteran
  445  fails to notify the property appraiser and the property
  446  appraiser determines that for any year within the prior 10 years
  447  the veteran was not entitled to receive all or a portion of such
  448  discount, the penalties and processes in paragraph (a) relating
  449  to the failure to notify the property appraiser of ineligibility
  450  for an exemption shall apply.
  451         (d)(c) For any exemption under s. 196.101(2), the statement
  452  concerning gross income must be filed with the property
  453  appraiser not later than March 1 of every year.
  454         (e)(d) If an exemption for which the annual application is
  455  waived pursuant to this subsection will be denied by the
  456  property appraiser in the absence of the refiling of the
  457  application, notification of an intent to deny the exemption
  458  shall be mailed to the owner of the property prior to February
  459  1. If the property appraiser fails to timely mail such notice,
  460  the application deadline for such property owner pursuant to
  461  subsection (1) shall be extended to 28 days after the date on
  462  which the property appraiser mails such notice.
  463         Section 5. Section 704.06, Florida Statutes, is amended to
  464  read:
  465         704.06 Conservation easements and conservation protection
  466  agreements; creation; acquisition; enforcement.—
  467         (1) As used in this section, “conservation easement” means
  468  a transferrable right or interest in real property which may be
  469  perpetual or limited to a certain term, and which is appropriate
  470  to retaining land or water areas predominantly in their natural,
  471  scenic, open, agricultural, or wooded condition; retaining such
  472  areas as suitable habitat for fish, plants, or wildlife;
  473  retaining the structural integrity or physical appearance of
  474  sites or properties of historical, architectural,
  475  archaeological, or cultural significance; or maintaining
  476  existing land uses and which prohibits or limits any or all of
  477  the following:
  478         (a) Construction or placing of buildings, roads, signs,
  479  billboards or other advertising, utilities, or other structures
  480  on or above the ground.
  481         (b) Dumping or placing of soil or other substance or
  482  material as landfill or dumping or placing of trash, waste, or
  483  unsightly or offensive materials.
  484         (c) Removal or destruction of trees, shrubs, or other
  485  vegetation.
  486         (d) Excavation, dredging, or removal of loam, peat, gravel,
  487  soil, rock, or other material substance in such manner as to
  488  affect the surface.
  489         (e) Surface use except for purposes that permit the land or
  490  water area to remain predominantly in its natural condition.
  491         (f) Activities detrimental to drainage, flood control,
  492  water conservation, erosion control, soil conservation, or fish
  493  and wildlife habitat preservation.
  494         (g) Acts or uses detrimental to such retention of land or
  495  water areas.
  496         (h) Acts or uses detrimental to the preservation of the
  497  structural integrity or physical appearance of sites or
  498  properties of historical, architectural, archaeological, or
  499  cultural significance.
  500         (2)“Conservation protection agreement” has the same
  501  meaning as provided in s. 196.1962.
  502         (3)(2) Conservation easements and conservation protection
  503  agreements are perpetual, undivided interests in property and
  504  may be created or stated in the form of an a restriction,
  505  easement, covenant, or condition in any deed, will, or other
  506  instrument executed by or on behalf of the owner of the
  507  property, or in any order of taking. Such easements or
  508  agreements may be acquired in the same manner as other interests
  509  in property are acquired, except by condemnation or by other
  510  exercise of the power of eminent domain, and shall not be
  511  unassignable to other governmental bodies or agencies,
  512  charitable organizations, or trusts authorized to acquire such
  513  easements, for lack of benefit to a dominant estate.
  514         (4)(3) Conservation easements and conservation protection
  515  agreements may be acquired by any governmental body or agency or
  516  by a charitable corporation or trust whose purposes include
  517  protecting natural, scenic, or open space values of real
  518  property, assuring its availability for agricultural, forest,
  519  recreational, or open space use, protecting natural resources,
  520  maintaining or enhancing air or water quality, or preserving
  521  sites or properties of historical, architectural,
  522  archaeological, or cultural significance.
  523         (5)(4) Conservation easements and conservation protection
  524  agreements shall run with the land and be binding on all
  525  subsequent owners of the servient estate. Notwithstanding the
  526  provisions of s. 197.552, all provisions of a conservation
  527  easement or a conservation protection agreement shall survive
  528  and are enforceable after the issuance of a tax deed. No
  529  conservation easement shall be unenforceable on account of lack
  530  of privity of contract or lack of benefit to particular land or
  531  on account of the benefit being assignable. Conservation
  532  easements and conservation protection agreements may be enforced
  533  by injunction or proceeding in equity or at law, and shall
  534  entitle the holder to enter the land in a reasonable manner and
  535  at reasonable times to assure compliance. A conservation
  536  easement or a conservation protection agreement may be released
  537  by the holder of the easement or the agreement to the holder of
  538  the fee even though the holder of the fee may not be a
  539  governmental body or a charitable corporation or trust.
  540         (6)(5) All conservation easements and conservation
  541  protection agreements shall be recorded in the official records
  542  of the county in which the property subject to the easement or
  543  agreement is located and indexed in the same manner as any other
  544  instrument affecting the title to real property.
  545         (7)(6) The provisions of this section shall not be
  546  construed to imply that any restriction, easement, agreement,
  547  covenant, or condition which does not have the benefit of this
  548  section shall, on account of any provision hereof, be
  549  unenforceable.
  550         (8)(7) Recording of the conservation easement or
  551  conservation protection agreement shall be notice to the
  552  property appraiser and tax collector of the county of the
  553  conveyance of the conservation easement or conservation
  554  protection agreement.
  555         (9)(8) Conservation easements and conservation protection
  556  agreements may provide for a third-party right of enforcement.
  557  As used in this section, third-party right of enforcement means
  558  a right provided in a conservation easement or conservation
  559  protection agreement to enforce any of its terms granted to a
  560  governmental body, or charitable corporation or trust as
  561  described in subsection (4) (3), which although eligible to be a
  562  holder, is not a holder.
  563         (10)(9) An action affecting a conservation easement or a
  564  conservation protection agreement may be brought by:
  565         (a) An owner of an interest in the real property burdened
  566  by the easement or agreement;
  567         (b) A holder of the easement or agreement;
  568         (c) A person having a third-party right of enforcement; or
  569         (d) A person authorized by another law.
  570         (11)(10) The ownership or attempted enforcement of rights
  571  held by the holder of an easement or agreement does not subject
  572  the holder to any liability for any damage or injury that may be
  573  suffered by any person on the property or as a result of the
  574  condition of the property encumbered by a conservation easement
  575  or a conservation protection agreement.
  576         (12)(11)Nothing in This section or other provisions of law
  577  do not shall be construed to prohibit or limit the owner of
  578  land, or the owner of a conservation easement or conservation
  579  protection agreement over land, to voluntarily negotiate the
  580  sale or utilization of such lands or easement or agreement for
  581  the construction and operation of linear facilities, including
  582  electric transmission and distribution facilities,
  583  telecommunications transmission and distribution facilities,
  584  pipeline transmission and distribution facilities, public
  585  transportation corridors, and related appurtenances, nor shall
  586  this section prohibit the use of eminent domain for said
  587  purposes as established by law. In any legal proceeding to
  588  condemn land for the purpose of construction and operation of a
  589  linear facility as described above, the court shall consider the
  590  public benefit provided by the conservation easement or the
  591  conservation protection agreement and linear facilities in
  592  determining which lands may be taken and the compensation paid.
  593         Section 6. The Department of Revenue may adopt emergency
  594  rules to administer s. 196.1962, Florida Statutes. The emergency
  595  
  596  
  597  ================= T I T L E  A M E N D M E N T ================
  598         And the title is amended as follows:
  599         Delete line 658
  600  and insert:
  601         based on character or use; providing for the
  602         assessment of land if a conservation management plan
  603         extends for a specified period and the landowner has
  604         provided certain documentation to the property
  605         appraiser; requiring the filing of such plans with the
  606         Fish and Wildlife Conservation Commission or a water
  607         management district under certain circumstances;
  608         requiring that the commission and the Department of
  609         Environmental Protection produce a guidance document
  610         establishing the form and content of a conservation
  611         management plan and establishing certain minimum
  612         standards for such plans; authorizing a property
  613         appraiser to require a signed application that
  614         includes certain statements by a landowner; requiring
  615         property appraisers to