FS 193.461
Agricultural Classification law

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=193.461&URL=0100-0199/0193/Sections/0193.461.html 

 

Key Parts 

193.461

Agricultural lands; classification and assessment; mandated eradication or quarantine program.

(1)

The property appraiser shall, on an annual basis, classify for assessment purposes all lands within the county as either agricultural or nonagricultural.

(2)

Any landowner whose land is denied agricultural classification by the property appraiser may appeal to the value adjustment board. The property appraiser shall notify the landowner in writing of the denial of agricultural classification on or before July 1 of the year for which the application was filed. The notification shall advise the landowner of his or her right to appeal to the value adjustment board and of the filing deadline. The board may also review all lands classified by the property appraiser upon its own motion. The property appraiser shall have available at his or her office a list by ownership of all applications received showing the acreage, the full valuation under s. 193.011, the valuation of the land under the provisions of this section, and whether or not the classification requested was granted. 

 

(b)

Subject to the restrictions set out in this section, only lands which are used primarily for bona fide agricultural purposes shall be classified agricultural. “Bona fide agricultural purposes” means good faith commercial agricultural use of the land. In determining whether the use of the land for agricultural purposes is bona fide, the following factors may be taken into consideration:

1.

The length of time the land has been so used.

2.

Whether the use has been continuous.

3.

The purchase price paid.

4.

Size, as it relates to specific agricultural use, but in no event shall a minimum acreage be required for agricultural assessment.

5.

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.

6.

Whether such land is under lease and, if so, the effective length, terms, and conditions of the lease.

7.

Such other factors as may from time to time become applicable. 

 

(4)
(a)

The property appraiser shall reclassify the following lands as nonagricultural:

1.

Land diverted from an agricultural to a nonagricultural use.

2.

Land no longer being utilized for agricultural purposes.

3.

Land that has been zoned to a nonagricultural use at the request of the owner subsequent to the enactment of this law.

(b)

The board of county commissioners may also reclassify lands classified as agricultural to nonagricultural when there is contiguous urban or metropolitan development and the board of county commissioners finds that the continued use of such lands for agricultural purposes will act as a deterrent to the timely and orderly expansion of the community.

(c)

Sale of land for a purchase price which is three or more times the agricultural assessment placed on the land shall create a presumption that such land is not used primarily for bona fide agricultural purposes. Upon a showing of special circumstances by the landowner demonstrating that the land is to be continued in bona fide agriculture, this presumption may be rebutted.

(5)

For the purpose of this section, “agricultural purposes” includes, but is not limited to, horticulture; floriculture; viticulture; forestry; dairy; livestock; poultry; bee; pisciculture, when the land is used principally for the production of tropical fish; aquaculture; sod farming; and all forms of farm products and farm production.