DocketNumber: No. 69-9506
Citation Numbers: 33 Fla. Supp. 125
Judges: Duval
Filed Date: 1/23/1970
Status: Precedential
Modified Date: 1/12/2023
This cause came on to be heard by the court at final hearing on January 20, 1970. The evidence adduced indicated that the plaintiff taxpayers are the owners of a substantial residence situated at 4990 S. W. 83 Street in Dade County in which they live and on which they receive homestead exemption. The property consists of just under one acre of land, approximately half of which is occupied by the residence, the swimming pool, walks, driveways, ornamental plants, trees, and open lawn areas immediately adjoining the residence. The other half of the property contains approximately 60 avocado trees, with the avocados harvested by the plaintiffs and sold on a commercial basis.
The court denies the relief sought by the plaintiffs and orders the cause dismissed, with prejudice. The statutory language of §193.201 makes clear that agricultural status is not to be accorded to homesites but only to lands actually used in bona fide farming operations. The county commissioners’ decision to define the homesite area in terms of the minimum area legally required for a homesite under the controlling zoning ordinances seems to the court to be a reasonable and non-discriminatory system of classification calculated to effect the statutory purpose, i.e., of granting agricultural status to lands actually farmed but not including residential property within the farm.
The commissioners’ administrative ruling also has the virtue of adopting a wholly objective criterion for determining when a home flower garden or tomato patch ceases and a farm begins. Without such line based on the use zoning requirements, green grass around a home could be called pasture land and ornamental gardens could be labelled nurseries. The commissioners’ determination appears to the court to draw the line between the home garden and the farm reasonably and wholly objectively.