08/16/2023 VAB - Laserfiche WebLink

Home Browse Search

Testified that in the instant matter, the purchase price paid, as per Florida Statute 193.461(3) (b) 1 (c), that the purchase price of these parcels was not relevant to the instant denial. Testified that in the instant matter, size, as it relates to specific agricultural use, but a minimum acreage may not be required for agricultural assessment, as per Florida Statute 193.461(3) (b) 1 (d), the size of the parcel was not relevant to the instant denial. Testified that in the instant matter, whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices, as per Florida Statute 193.461(3) (b) 1(e), that the care of the parcels was part of the basis of the instant denial. Testified that the Property Appraiser cannot get access to the property. Testified that the Property Appraiser sent notice to the Petitioner with no response. This non -access also serves as a basis for the instant denial. Testified that the Petitioner has a forest management plan but that the Petitioner has not carried out that pian as to the property. Testified that the Petitioner says that the Petitioner takes the citrus and donates it to the homeless. Testified that in the instant matter, whether the land is under lease and, if so, the effective length, terms, and conditions of the lease, as per Florida Statute 193.461(3) (b) 1 (f), that there is no lease so therefore this prong is not applicable. Testified that in the instant matter, such other factors as may become applicable, as per Florida Statute 193.461(3) (b) 1(g); Testified that the Property Appraiser cannot get access to the property. Testified that the Property Appraiser sent notice to the Petitioner with no response. This non -access also serves as a basis for the instant denial. Testified that the Property Appraiser has not been able to inspect since the Petitioner has been the land owner. Property Appraiser's evidence was relevant, admissible and credible FOR THE PETITIONER: Daniel Sansoni appeared via telephone. Testified that Petitioner has the property for two years and even met the prior owner. Testified that Petitioner gathers the oranges and donates them to the neighbors and the homeless. Testified that Petitioner has not sold anything commercially and is not interested in a "commercial money -making scheme." Testified that Petitioner has not set up a commercial enterprise nor has the Petitioner set up a 501(c) 3. Testified that at all times the Petitioner has given access to the Property Appraiser's Office to the property as they were there in August, 2022. Testified that the Property Appraiser never sent evidence to Petitioner's address. Petitioner's evidence was relevant, admissible and credible. CONCLUSIONS OF LAW: The undersigned Special Magistrate finds that the following below is controlling and or persuasive in the recommendation: Florida Statute 193.461 Agricultural lands; classification and assessment; mandated eradication or quarantine program; natural disasters.— (3) (b) Subject to the restrictions specified in this section, only lands that are used primarily for bona fide agricultural purposes shall be classified agricultural. The -26-