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Taxation Section 847, and Section 848 respectively submitted by Petitioner says that the land <br />requires "good faith agricultural use" and "use of the land is still the guidepost" in classifying the <br />land as per the Florida Supreme Court, and that "Agricultural use is now and has always been the <br />test" but "Commercial agricultural use" adds another factor which is "profit or profit motive" <br />which may be considered by the property appraiser in determining whether or not a claimed <br />agricultural use is bona fide. In the instant matter, by a preponderance of the evidence, it appears <br />that other than the land that the bee pallets themselves occupy, the rest of the land encompassed <br />on the parcels at issue are not being used for the purposes as set forth by the statute. <br />Petitioner's documentary evidence 51,a Fla. Jur 2d Taxation Section 848 speaks to the issue of <br />"good faith agricultural use/ necessity of commercial profitability." However, as per the <br />substance of that evidence, profit is not, by itself, a determining or controlling factor and the <br />issue of "profit" was not an issue for the undersigned Special Magistrate in this recommendation. <br />Nor was the issue of commercially profitable agricultural operations. Indeed, as per Statute <br />193.461, said statute does not require that the land be "put to its best or highest economic use" or <br />even its "best agricultural use." However, the statute and the Florida Supreme Court states that <br />"use of the land is still the guidepost" in classifying the land according to the evidence submitted <br />by the Petitioner. <br />The Petitioner has the burden of proof in establishing an entitlement to an exemption. The <br />Petitioner failed to present sufficient evidence to fully overcome the Property Appraiser's <br />evidence submitted and to fully overcome the denial of the Property Appraiser's Office. <br />In the instant matter, however, the Petitioner has met the burden of proof in establishing a partial <br />and limited entitlement to an agricultural as per Florida Statute 193.461 also commonly known <br />as the "Greenbelt Law" and or the "Greenbelt Agricultural Classification." <br />Therefore, it is the recommendation of the Special Magistrate that the determination of the <br />Property Appraiser should be upheld in part and that the Petitioner should be granted a partial <br />exemption on the parcels at issue as set forth below: <br />.Petitioner has demonstrated by a preponderance of the evidence that the parcels with the <br />corresponding petitions (2013-169, 2013-170, 2013-171, 2013-172, 2013-173, 2013-174, 2013- <br />175, 2013-176) at issue that have the bee hive pallets on the land, in the specific area of the land <br />that have the bee hive pallets on them, and only those areas that have the bee hive pallets on <br />them, along with the ingress and egress on the parcels to get to the bee hives, are the areas of <br />land that are used primarily for bona fide agricultural purposes and it is the recommendation of <br />this undersigned Special Magistrate that those areas only should get the benefit of the <br />agricultural "Greenbelt" classification only. It is the opinion of the undersigned Special <br />Magistrate based upon the preponderance of the evidence that the areas of the land of the parcels <br />at issue, the specific area of the land that have the bee hive pallets on them, and only those areas <br />that have the bee hive pallets on them, along with the ingress and egress on the parcels to get to <br />15 <br />- 54 - <br />