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to acres were for the homestead. Testified that it was 75.47 total agricultural classification. That was <br />reduced to 41.27 acres agricultural with 22.59 nursery and 18.68 acres grazing. The grazing was reduced <br />by 34.20 acres because of the non-use. Testified that the site inspections were the basis for the <br />reduction along with the aerial views along with speaking to the Petitioner and no fencing for cattle, no <br />cattle on the property, no evidence of cattle for the lease. Testified that the site visits were 6/8/2022, <br />11/17/2022 and the aerial visits were 9/25/2022 through 10/2022. Testified that the notice for the <br />reductions were mailed 6/30/2023. Testified that the Petitioner applied on 2/22/2023 with the letter to <br />the Petitioner noticing the Petitioner to re -apply going out on 12/21/2022 for non- use. <br />Property Appraiser's evidence was relevant, admissible and credible. <br />PETITIONER:: DON LEWIS SKILES testified. Testified that the Petitioner disputed the issue that the <br />property had no cows. Testified that the property was being used to satisfy the "bona fide agricultural <br />purposes" means good faith commercial agricultural use of the land clause of the Florida Statute <br />193.4613 (b) (1) language because cows were on the property. Testified to and disputed the results of <br />the dates of the site visits by the Property Appraiser (site visits were 6/8/2022, 11/17/2022 and the <br />aerial visits were 9/25/2022 through 10/2022) and the results of the site visits as testified to by the <br />Property Appraiser' Office. Testified to and disputed the results of those inspections by the Property <br />Appraiser's Office which were the basis for the reduction of the 75.47 prior total agricultural <br />classification, now reduced to 41.27 acres agricultural with 22.59 nursery and 18.68 acres grazing. <br />Testified that the Petitioner objected to and disputed the grazing reduction by 34.20 acres because of <br />the non-use as alleged by the Property Appraiser's Office. Testified to and disputed the aerial photos <br />which were part of the evidence package submitted by the Property Appraiser's Office, without <br />objection by the Petitioner, which depicted the property without cows on it and which was part of the <br />basis for the reduction of the 34.20 acres because of the non-use as alleged by the Property Appraiser's <br />Office. Testified that the cows were not on the property full time and that the Petitioner has had fencing <br />issues which allowed the cattle to leave the property. Testified that the Petitioner moved the cows to an <br />adjacent property on 2022. <br />Petitioner's evidence was relevant, admissible and credible. <br />CONCLUSIONS OF LAW: <br />The undersigned Special Magistrate finds that the following below is controlling and or persuasive in the <br />recommendation: <br />Florida Statute 193.461 Agricultural lands; classification and assessment; mandated eradication or <br />quarantine program; natural disasters.— (3) (b) Subject to the restrictions specified in this section, only <br />lands that are used primarily for bona fide agricultural purposes shall be classified agricultural. The term <br />"bona fide agricultural purposes" means good faith commercial agricultural use of the land is the <br />guideline and the basis for the denial. <br />1. In determining whether the use of the land for agricultural purposes is bona fide, the following <br />factors may be taken into consideration: <br />a. The length of time the land has been so used. <br />b. Whether the use has been continuous. <br />-36- <br />