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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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Statute 193.011 by and through Petitioner's appearance before this Special Magistrate with this <br />"Second Hearing." <br />The issue in the instant matter is whether or not the Petitioners have demonstrated by a <br />preponderance of the evidence submitted in this matter to the Indian River County Clerk of <br />Court and evaluated by, reviewed by, and judged by the undersigned Special Magistrate in <br />hearings conducted on 3/10/2014 and then concluded on 3/14/2014 to warrant the granting of the <br />Greenbelt Agricultural Classification for the current year thereby overturning the denial of the <br />same by the Indian River County Property Appraiser on 4/30/2013 for all parcels at issue as <br />noted above. Said petition(s) were a request by Petitioner(s) for a hearing challenging the <br />Property Appraiser on the denial of their Greenbelt Agricultural Classification by the <br />Petitioner(s). <br />Under the "Greenbelt Law", and in particular, Florida Statute 193.461 (3) (b), properties that are <br />bona fide agricultural operations are taxed according to the "use" value of those operations, <br />rather than the development value. For property to qualify for an agricultural classification, the <br />land at issue must be used in "good faith for commercial agricultural purposes." <br />BOTH PARTIES WERE SWORN AS WERE ALL WITNESSES. <br />PETITIONER • OPENING ARGUMENT - FIRST: The legal counsel for the 'Petitioner Julie <br />Zahniser, Esq. went first, arguing for the Petitioners and also acted as witness (she listed herself <br />as one of the witnesses on the witness list.) Among the evidence that was presented that this <br />Special Magistrate finds relevant to the instant recommendation includes not only the testimony <br />from Linda Viddish, Adam Locke, and Stephen J. Byers as witnesses, but also the "Farm Lease" <br />on the property between the Petitioners and the tenant Cantu Apiaries who are the beekeepers, <br />the "American Bee Project" materials, the certificate of apiary registration with the State of <br />Florida, the 2011 profit and loss statement for Cantu Apiaries who apparently sell the product <br />that the bees make, like for instance honey, the documentary articles concerning the production <br />for Cantu Apiaries and other documentary evidence that purports to show "blooming plants" on <br />the property as of September 26, 2012 and an inspection report from the same date, and other <br />documents purporting to show production evidence of the bee agricultural production. Petitioner <br />provided at least 130 pages for evidence for each parcel for review. Counsel for Petitioners gave <br />a thorough history of the "American Bee Project" and its mission, and gave background <br />information on how the "bee agriculture trade and business works" as not only counsel to the <br />Petitioners but also as a witness. Counsel to the Petitioner(s) argued that "agricultural use is the <br />test" to be considered when matters like the instant one that is before a Special Magistrate and <br />that "commercial profitability" should not be a determining factor when the Property Appraiser <br />is making a determination as to whether or not a "Greenbelt Agricultural Classification" should <br />be allowed for matters like the instant one when the issue has to do with bee cultivation and bee <br />apiaries as the commercial "bee" business on the properties at issue. Petitioner's attorney, when <br />acting under oath as a witness, because Petitioner's attorney also testified as a witness as well <br />10 <br />- 49 - <br />
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