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07/01/2019
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07/01/2019
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Last modified
12/31/2019 1:28:23 PM
Creation date
7/2/2019 11:53:26 AM
Metadata
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Meetings
Meeting Type
Value Adjustment Board
Document Type
Agenda Packet
Meeting Date
07/01/2019
Meeting Body
Value Adjustment Board
Subject
Organizational Agenda Packet
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5. Speaks to "Agricultural use is now and has always been the test" but "Commercial <br />agricultural use" adds another factor which is "profit or profit motive" which may be <br />considered by the property appraiser in determining whether or not a claimed <br />agricultural use is bona fide. <br />6. It does not limit agricultural classification to commercially profitable agricultural <br />operations. <br />7. Statutory listed factors are to be considered in making the determination of "good faith <br />agricultural use" but are not determinative. <br />51a Fla. Jur 2d Taxation Section 847 also cites the following case law for referencefor the <br />publication and also for reference for the Special Magistrate: Walden v. Tuten, 347 So.2d <br />129 (Fla. 2d DCA 1977); Straughn v. Tuck, 354 So. 2d 368 (FIa.1977); Roden v..K & K <br />Land Management, Inc. 368 So. 2d 588 (Fla. 1978); Fisher v. Schooley, 371 So. 2d 496 (Fla. <br />2d DCA 1979); The Glades, Inc. v. Colding, 422 So. 2d 349 (Fla. 2d DCA 1982); Gianolio v. <br />Markham, 564 So. 2d 1131 (Fla. 4th DCA 1990); Tilton v. Gardner, 52 So. 3d 771 (Fla. 5th <br />DCA 2010). <br />51a Fla. Jur 2d Taxation Section 848: This evidence speaks to Florida Statutes 193.461 and the <br />assessment and the classification of agricultural lands and was admitted into evidence by the <br />Petitioners without the objection of the Property Appraiser and in particular speaks to the issue <br />of "good faith agricultural use/ necessity of commercial profitability": <br />1. Does not necessitate a profit by the landowner. While profit is a factor for consideration <br />in determining whether land should be classified as agricultural, profit is not, by itself, a <br />determining or controlling factor; <br />2. "Greenbelt Law" and or the "Greenbelt Agricultural Classification" is not limited to <br />commercially profitable agricultural operations; <br />3. The property may be entitled to agricultural classification not withstanding minimal <br />profit; <br />4. The Florida Supreme Court has, in the past, expressly disapproved requiring even a <br />reasonable expectation of meeting investment costs and making a profit in order to obtain <br />agricultural classification; <br />5. Statute 193.461does not require that the land be "put to its best or highest economic use" <br />or even its "best agricultural use"; <br />6. There is nothing in Florida Statute 193.461 "that requires a landowner to be a good <br />businessperson" or to "make a profit" and uses the following as an example "that a bona <br />8 <br />-47- <br />
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