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Faux, English clash over agricultural land

Polk County Democrat – April 30, 2011

Martha M. Faux acquitted herself at the Tuesday, April 27, Polk County Commission meeting.

Months earlier, Faux, who heads the Polk County Property Appraiser’s office, had come under fire because the property appraiser’s office had granted agriculture designation to several large properties that had already been platted by developers to become residential communities. The agricultural designation gave said properties a lower tax base, which meant lower tax revenues to the county.

Agricultural designation cannot be denied by zoning. The key determining factor, Faux said, was the actual physical activity being done on the land. The key word, she said, was “use.” Faux cited a Florida Supreme Court decision that stated an agricultural designation cannot be denied and that prior or future land use is irrelevant.

In Polk County, she said, the assessed value of agricultural land is less than 2 percent of the overall tax roll. Then she displayed on the screen a number of properties in the county, some dating back to 1912, that demonstrated that even in areas that were populated, a number of those properties were designated agricultural.

“We’ve had ag land next to development throughout the history of Polk County,” she said.

As she summarized her presentation, she made it a point to cite a Florida statute that the BOCC may also reclassify lands classified agricultural to no-agricultural.

Commissioner Bob English engaged in a debate over how Faux and the property appraiser’s office determine whether a piece of property qualifies, as earlier she had stated that there was no minimum standard.

“What does a citizen have to do in order to get an agricultural classification?” he asked. “What would work for the average citizen who wants an agricultural designation?” Would one acre be sufficient?

Faux’s reply was the property had to be put to use in a bonafide manner. It also depended upon the use. For example, she said, a bee farm would qualify for one acre, but not a hay field. Essentially, she said, it had to be something that puts food back into the food chain; something that would show a profit. For Faux and the property appraiser’s office, anything less than 5 acres would be considered insufficient and would not qualify.

“I can tell you, two acres with a cow is not going to get you a classification,” she said.

Sam Johnson asked whether a property less than 5 acres that is not designated agricultural but is adjacent to a property that is could also then get an agricultural designation.

Faux said that it is a possibility and has been done. As an example, someone who owns a piece of property who leases it to a neighbor, or in another example, a property owner whose neighbor who raises cattle allows the cattle to graze on his property. In that case, an agricultural classification was merited.

Times are difficult, she said. The market is declining and it may be another year to year-and-a-half before a turnaround develops. She said she hoped the agricultural designation on properties once slated for development was a temporary measure.

“It’s a tough, tough decision to have to make,” she said.

With that, English fired back. Because Florida no longer requires a minimum amount of property, how did Faux determine that in Polk County 5 acres was the standard.

It had to be bonafide, she said, genuine and real and not a sham.

To underscore the dire situation, Faux asked Ellis Hunt, a citrus grower for additional insight.

More than 142,000 acres of groves have been abandoned, said Hunt. Many packing houses now are gone, and citrus growers are struggling to stay in business. Competition, especially from overseas, has had a dramatic impact.

“World competition is squeezing Florida growers,” he said. “We cannot afford the ability to grow our own food.”

Hunt emphasized his belief that properties originally intended for development and now classified agricultural remain in that status.

“The citizens are upset,” he said. “They think the speculators are being shown favoritism.”

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