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AMENDMENT 4

Environmentalists back state Amendment 4 -- with caveat

There is wide support to provide owners tax relief to help preserve wild Florida, but even supporters caution that the devil is in the details.

cmorgan@MiamiHerald.com

This is the first in a series examining the six constitutional amendments on the Nov. 4 ballot.

Environmentalists are backing a big tax break for Florida's largest land owners.

You read that right. In an election year notable for nastiness, two typically partisan factions have reached accord over at least one thing: Amendment Four, a measure that would reduce or eliminate property taxes for owners who protect their land from bulldozers.

Environmental groups embrace the proposal as a promising, painless option for expanding preservation in a state with a dwindling budget to buy prime parcels. The amendment is one of six on the Nov. 4 ballot.

''Given the economy and amount of money available for land acquisition, this provides a way of promoting conservation management without using tax dollars,'' said Janet Bowman, legislative policy director for The Nature Conservancy.

Proponents believe it could prove especially helpful in places like South Miami-Dade, where suburban sprawl drives up land values -- and pressure to subdivide -- on remaining rural lands. The pitch is that owners now spending money to run small farms or nurseries mainly to claim agriculture tax breaks could profit by letting land revert to wetland.

''The value of land in South Dade is very high,'' said Eric Draper, policy director for Audubon of Florida. 'One of the reasons that land is even being farmed right now is to qualify for `green-belt' exemptions.''

Amendment 4 boasts bipartisan political support and no organized opposition. It is endorsed by virtually every major environmental group in the state and dozens of obscure ones, like the Sebastian Fishin' Chics. The Florida Chamber of Commerce, guardian of business and development interests, backs it. So does the Florida Fish and Wildlife Conservation Commission and the nonpartisan watchdog, Florida TaxWatch.

THREE SCARY WORDS

So what could there be to worry about? Three scary words: The Florida Legislature.

''It's a long way between the amendment on the ballot and actually implementing the law, because it's left up to the Legislature to write it,'' said Kurt Wenner, director of tax research for TaxWatch.

The amendment would create two tiers of incentives to take effect in 2010. Setting aside land forever -- a covenant intended to carry over in a sale -- would earn total exemption from property taxes. Setting it aside temporarily would earn a lower tax rate, similar to farm land.

It's that ''temporary'' category that adds an asterisk to TaxWatch's endorsement. Details remain to be filled in by lawmakers, who are known from time to time to cater to powerful development interests.

''We're going to be watching closely,'' said Wenner.

State Rep. Dan Gelber, a Miami Beach Democrat running for a Senate seat, has similar concerns. ``On its face, it's not a bad idea. It's how it's implemented. I just think that second part could potentially leave room for mischief.''

Gelber posted a qualified endorsement on his blog, cautioning that if the Legislature made it too easy to claim conservation status, ``the measure could become a giveaway for mega-developers and have a great fiscal impact that shifts the tax burden to homeowners and active businesses.''

A lenient definition, for instance, could allow developers to tag vacant lots for short periods simply to ride out the cold housing market -- meaning they would pay little or no taxes. There have been past abuses with similar ''green-belt'' tax breaks, most visible in the form of a few ''cash cows'' grazing on cleared suburban tracts.

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