09/14/2020 (2) - Laserfiche WebLink

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Findings of Fact: Nathan Mandler, Esq., appeared by phone for the Petitioner and Canda Brown, Esq., appeared for the Property Appraiser. This is a Petition to reinstate the agricultural classification to the subject property consisting of approximately 25 acres located at 8900 20th Street in Vero Beach. Sam Van Hook, Kissimmee Valley Forester, appeared by phone as a witness for the Petitioner. Mr. Van Hook testified that the best approach for the pine tree operation was to "leave them alone". Further , he testified that the property was thined in 2011, but nothing after that time, specifically, nothing was done from 2012 through 2019..No pines were sold, no evidence of income was presented. Petitioner submitted 2 letters and several photographs into evidence. The witness stated in both letters that all elements of the management plan were being met, including that the fencing was in good shape and has eliminated trepassers and trash dumping. Mark Godwin, Agricultural appraiser, testified for the Property Appraiser.Mr. Godwin testified that no clearing was done on the subject parcel except for crude access roads. Np removal of exotics was done and parcel is overgrown with no visible access. No evidence of any income was submitted for over 7 years. Photos submitted into evidence by the Property Appraiser (15) showed Brazilian Peppers, seed pines, very thick growth of Malaluccas and Brazilian Peppers. In addition, several of the photos showed homeless camps in several locations on the subject parcel. The photos submitted were from 2012 and 2019. The witness teastified that all of the factors in 193.461, Florida Statutes, were considered in reaching his conclusions. Conclusions of Law: It is my recommendation that the subject property doeas not qualify for reinstatement of the agricultural classification for 2019 in tha there is insufficient evidence of care for the land in accordance with accepted agricultural practices and there is insufficient evidence of a bona fide commercial agricultural use. As no evidence of any income was submitted by the Petitioner for the past seven (7) years, there was; no evidence of an economically feasible operation to qualify as good faith commercial agricultural use under Florida law. Florida case law, in particular, Tilton v Gardner (52 So.3rd 771, 5th DCA 2010), supports this conclusion. 2019-002 Page 2 of 2 -13-