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Findings of Fact: <br />Nathan Mandler, Esq., appeared by phone for the Petitioner and Canda .Brown, Esq., appeared for the Property <br />Appraiser. This is a Petition to reinstate the agricultural classification to the subject property consisting of <br />approximately 25 acres located at 8900 20th. Street in Vero .Beach. <br />Sam Van Hook, Kissimmee Valley Forester, appeared by phone as a witness for the.Petitioner. Mr. Van Hook testified <br />that the best approach for the pine tree operation was to "leave them alone". Further , he testified that the property was <br />thined in 2011, but -nothing after that time, specifically, nothing was done from 2012 through 2019. No pines were <br />sold, no evidence. of income was presented. Petitioner submitted 2.1etters and several :photographs into evidence. The <br />witness stated in both letters that all elements of the management plan were being:met,'including that the fencing.was <br />in good shape and has eliminated trepasscrs and trash dumping. <br />Mark Godwin, Agricultural appraiser, testified for the Property Appraiser..Mr. Godwin testified that no clearing was <br />done on the subject parcel except for crude access roads. Np removal of exotics was done and parcel is overgrown with <br />no visible access. No evidcnce of any income was submitted for over 7 years. <br />Photos submitted into evidence by .the Property Appraiser (15) showed Brazilian Peppers, seed pines, very thick <br />growth of'Malaluccas and Brazilian Peppers. in addition, several of the,photos showed homeless camps in several <br />locations on the subject parcel. The photos submitted were from 2012 and 2019; The witness teastified that all of the <br />factors in 193.461, Florida Statutes, were considered. in reaching .his conclusions. <br />Conclusions of Law: <br />It is my recommendation that the subject property doeas not qualify for reinstatement of the agricultural classification <br />for 2019 in tha there is insufficient evidence o.fcare for the land in accordance with accepted agricultural: practices and <br />there is insufficient evidence of a bona Ode commercial agricultural use. As no evidence of any income was submitted <br />by the Petitioner for the past seven (7) years, there was no evidence of an economically feasible operation to qualify as <br />good faith commercial agricultural use under Florida law. Florida case law, in particular, Tilton v Gardner (52 So.3rd <br />771, 5th DCA 2010), supports this conclusion. <br />2019-002 Page 2 of 2. <br />-20- <br />