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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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classification. Counsel argued that the lease agreement between the owners of the property and the <br />tenant Cantu Apiaries and the "60 day cancellation either party without penalty during the 5 year <br />term" adds to, apparently, his argument that the instant petition is submitted with "bad faith." <br />Counsel argued that the instant matter has created a structure for the benefit for an agriculture <br />exemption specifically highlighting the economic advantage to the owner and as a result, the <br />Petitioners should be denied said classification. Counsel argued that the bees on the property can go <br />anywhere at any time and that there was no "netting around the property" to hold the bees on the <br />land at issue and no one could tell you where the bees get their food. Counsel for the Property <br />Appraiser argued that he believes based upon the evidence admitted, that the quantity of pallets <br />and the quantity of bees occupying the pallets and living in the pallets on the properties at issue, <br />are insufficient for "good faith" operation as per Florida Statute 193.461. Counsel argues that it <br />would needs at least 15 to 20 hives, although he admitted that there are no minimum statutory <br />amounts of bee hives needed to ensure "the passing of statutory muster" on the issue, and <br />admitted that there are no cases that speak to the minimum amount of beehives heeded for good <br />faith in this matter. Counsel for the Property Appraiser argued that he believes that the instant <br />matter will make case law that is on point with this recommendation with these hearings as a <br />result. Counsel for the Property Appraiser agreed that use is an issue in this instant matter. <br />Counsel for the Property Appraiser argued that nothing is distinguishable on the parcels at issue <br />except the beehives. Counsel for the Property Appraiser, without objection from Petitioners <br />Counsel, argued that when Cantu testified on November 18, 2013, he testified that "no bee <br />product had been produced" during the relevant tax year time period. Counsel for the Property <br />Appraiser argued that "the maximum number of pallets is 4 pallets or 8 hives" on each parcel, <br />and as a result, that is not enough to evidence an economically viable business. Counsel for the <br />Property Appraiser argued that the pictures presented into evidence by the Petitioners are <br />deceiving. Counsel for the Property Appraiser argued that the Property Appraisers Office <br />inspection shows that there is no economically viable business because of the amount of pallets <br />and hives. Counsel for the Property Appraiser argued that the. In the Matter of the Protest of <br />Chitwood, Jonathan W & Tricia K, for the Year 2009 in Miami County Kansas case (part of the <br />evidence submitted by the Petitioners) should be controlling in this instant matter before the <br />undersigned Special Magistrate and argued that his client, would grant the agricultural <br />exemption on the parcels where beehives sit along with the egress and ingress to the beehives on <br />the parcels and argued in particular. Although Counsel for the Property Appraiser argued that <br />Brazilian pepper trees on the parcels are a "nuisance and should be destroyed", Counsel for the <br />Property Appraiser had no reference to his statement and argument, and no statutory reference, <br />and no reference from any ordinance or any evidence supporting the claim whatsoever. <br />Petitioner's counsel objected to Property Appraiser subsequently attempting to establish the <br />evidence on the Brazilian pepper tree to support the allegation. <br />PETITIONER THEN PRESENTED EVIDENCE: The legal counsel for the Petitioner Julie <br />Zahniser, Esq. testified as a witness that the Brazilian pepper trees on the property grow <br />"naturally and freely" along with many different other naturally growing plants and "are not <br />12 <br />- 51 - <br />
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