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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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cultivated not planting it and not fertilizing it" and that is one of the ways that this type of <br />business works. Petitioner Julie Zahniser, Esq. testified as a witness that accepted commercial <br />beekeeping practices does not entail "working and mowing and clearing the land" or "cultivating <br />the land" per se. Counsel for the Petitioner Julie Zahniser, Esq. testified as to how properly you <br />clear the area to get your pallets in and clear the areas for your pallets. Counsel for the Petitioner <br />Julie Zahniser, Esq. testified You could have 25 pallets one week, and then the next week, you <br />could only have four boxes because the beekeeper could have in that instance, taken them away <br />for production and the production process to sell the product. <br />PROPERTY APPRAISER PRESENTED EVIDENCE: Eric Barkett for the property appraiser <br />called Julie .Zanhiser, Esq. as a witness to testify and then called Mark Godwin, Appraiser from <br />Indian River County Property Appraiser's office. Maik Godwin introduced photos of the bee <br />hives on the parcels that were at issue before the undersigned Special Magistrate that appeared to <br />have no bee wax or bee honey or any "bee activity" on the days that he went out to the properties <br />at issue and testified to the same. Mark Godwin also introduced photos as evidence purporting <br />to show how "good faith for commercial agricultural purposes" bee apiary businesses ,should <br />look based upon his experience as an employee with the Indian River Property Appraisers office. <br />CONCLUSIONS OF LAW: The undersigned Special Magistrate finds that the following is <br />controlling and or persuasive in the recommendation below: <br />Florida Statute 193.461. In particular, section 2 (b) of the statute is controlling. Petitioner has <br />demonstrated by a preponderance of the evidence that the parcels with the corresponding <br />petitions (2013-169, 2013-170, 2013-171, 2013-172, 2013-173, 2013-174,. 2013-175, 2013-176) <br />at issue that have the bee hive pallets on the land, in the specific area of the land that have the <br />bee hive pallets on them, and only those areas that have the bee hive pallets on them, along with <br />the ingress and egress on the parcels to get to the bee hives, are the areas of land that are used <br />primarily for bona fide agricultural purposes and it is the recommendation of this undersigned <br />Special Magistrate that those areas only should get the benefit of the agricultural "Greenbelt" <br />classification only. It is the opinion of the undersigned Special Magistrate based upon the <br />preponderance of the evidence that the areas of the land of the parcels at issue, the specific area <br />of the land that have the bee hive pallets on them, and only those areas that have the bee hive <br />pallets on them, along with the ingress and egress on the parcels to get to the bee hives are <br />demonstrative of the import of Florida Statute 193.461 when considering what constitutes "bona <br />fide agricultural purposes" and "good faith commercial agricultural use of the land." <br />Therefore the amount of bee pallets on the land are not necessarily determinative as was argued <br />by the Counsel to the Property Appraiser Eric Barkett. And although 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, and Counsel argued <br />that at least 15 to 20 hives would be what the Property Appraiser would suggest would pass <br />13 <br />- 52 - <br />
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