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Citizen Member Heckman inquired what legal ramifications would there be if they do <br />decide to send the other six petitions back to the Special Magistrate, questioning whether or not <br />they are a viable Ag exemption. <br />VAB Attorney Hancock reiterated that he did not know that the Board has the authority <br />to send those six petitions back to the Special Magistrate, because there is no apparent error in <br />the recommendation; the recommended decisions meet the requirements of the three Florida <br />Statutes; he further explained that the Property Appraiser would be entitled to take the VAB to <br />court by improperly sending the recommended decision back to the Special Magistrate. <br />Discussion ensued by the Property Appraiser and the Board recalling a time when the <br />Property Appraiser sued the VAB. <br />Vice Chairman O'Bryan commented that the Special Magistrate agreed to hear all eight <br />of the Petitions together, and he read from the recommended decision what was taken into <br />consideration by the Special Magistrate in determining bona fide Ag exemption pertaining to <br />accepted Ag practices. He pointed out that has not occurred on these properties. He had seen <br />these properties, and found them to be purely overgrown with Brazilian Pepper. He stated if that <br />is one of the criteria, then these properties do not meet those criteria, and therefore he believed <br />the Special Magistrate was in error in granting these exemptions. He added that there is no bona <br />fide care or use of the land in accordance with agricultural practices. <br />School Board Member Johnson recalled that in past years the VAB heard all appeals, and <br />related what that was like, not having a professional opinion. She did not fault the Special <br />Magistrate if the Special Magistrate followed the statutory criteria, she faulted the system and <br />felt that is what needed to be addressed on how the statute reads, but she was not in favor of this <br />Board doing that. <br />Chairman Davis questioned why the Board can reject some, but not all of the petitions <br />when the Special Magistrate heard all of them as one argument. VAB Attorney Hancock, in <br />answer to the Chairman's question, explained that all of the petitions involved were heard <br />8 <br />