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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
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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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fide forestry operation should not be denied an agricultural classification merely because <br />the land would be worth more in some other capacity." <br />7. However, a profit motive may be a factor that can be considered. <br />8. That profit motive does not necessarily mean that a profit need immediately be sought on <br />the total investment (the purchase price on the land.) <br />9. The purchase price may well have contemplated that the land is to be held for speculation <br />or for a future nonagricultural use. <br />10. But Statute 193.461 obviously permits this as long as the land, or at least some of the <br />land, is nevertheless presently put to a bona fide commercial agricultural use. <br />11. A potential profit to be made solely from the claimed commercial agricultural use may <br />indeed only sustain the agricultural use itself. <br />12. And agricultural use of land may stand on its own feet insofar as entitlement to a <br />"Greenbelt" classification and the argument that the economic factors like a reasonable <br />return on the overall purchase price for the entire tract must outweigh actual physical use <br />factors is without merit. <br />13. Property appraisers and in turn the courts are well equipped to separate truth from sham <br />on issues of bona fides in such agricultural use and the extent thereof, giving due regard <br />to the statutory criteria. <br />51a Fla. Jur 2d Taxation Section 848 also cites the following case law for reference for the <br />publication and also for reference for the Special Magistrate: Wilkinson v. Kirby, 654 So.2d <br />194 (Fla. 2d DCA 1995); Fisher v. Schooley, 371 So. 2d 496 (Fla. 2d DCA 1979); <br />Department of Revenue v. Goembel, 382 So.2d 783 (Fla. 5th DCA 1980); Aitken v. <br />Markham, 595 So.2d 159 (Fla. 4th DCA 1992); Roden v. K & K Land Management, Inc. 368 <br />So. 2d 588 (Fla. 1978); Greenwood v. Oates 251 So.2d 665 (Fla. 1971); Love PGI Partners, <br />LP v. Schultz, 706 So.2d 887 (Fla. 5th DCA 1998), decision approved, 731 So.2d 1270 (Fla. <br />1978); Straughn v. K&K Land Management, Inc. 347 So.2d 724 (Fla.2d DCA 1977) <br />judgment affirmed, 368 So.2d 588 (Fla. 1978). <br />THE ISSUE BEFORE THIS SPECIAL MAGISTRATE IN THIS "SECOND HEARING": <br />The denial of Agricultural Classification of Lands as per Florida Statute 193.461 also commonly <br />known as the "Greenbelt Law" and or the "Greenbelt Agricultural Classification." <br />The issue before the Special Magistrate is the issue of whether or not the predominant use of the <br />parcel/property at issue before the Special Magistrate qualified for the exemption that the <br />Petitioner is seeking. The Petitioner is seeking an Agricultural Classification status as to the use <br />of property (properties) in the instant matter at issue as per Florida Statutes 193.461 and Florida <br />9 <br />- 48 - <br />
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