What You Should Know About the New Right to Farm Act in Florida
This year’s state legislative session marked a big win for agriculture with the passage of SB 88 — Florida’s Right to Farm Act. The bill garnered strong support in the legislature and was signed by Gov. Ron DeSantis on April 29.
The law will protect farmers from certain types of civil lawsuits filed by people who find farming activities a nuisance. That’s important in a state with a growing population like Florida. Those people not accustomed to agriculture might find the smells, traffic, dust, and other activities associated with feeding people offensive, thus the origins of civil complaints.
The law also will limit nuisance suits by plaintiffs located within a half-mile of the activity or structure that is targeted in the suit. The bill includes protections of agricultural property for “reasonable use and enjoyment of land” — covering noise, odors, dust, smoke, fumes, particle emissions, or vibrations.
Plaintiffs bringing a case against an agricultural operation must provide clear and convincing evidence the farming activity does not comply with state and federal environmental laws, regulations, or best management practices. Proponents of the bill note agriculture already is heavily regulated.
Why It’s Important
Florida’s Right to Farm Act was introduced in response to the growing number of nuisance lawsuits against farming operations across the nation. North Carolina’s pork industry shined a light on the problem a few years back.
In July 2018, a North Carolina jury awarded more than $25 million in a lawsuit against Smithfield Foods, alleging a hog farm owned by Joey Carter was a nuisance, even though Carter met or exceeded state laws regarding manure. As Andy Curliss, CEO of the North Carolina Pork Council, noted at the time: “If it can happen to Joey Carter, it can happen to anyone, anywhere.”
Industry Response
Growers, lawmakers, and farm organizations were quick to praise the legislature and the Governor for passing Florida’s Right to Farm Act. The following is representative of proponents’ responses to the new law.
“As more and more people leave densely populated areas of the country and relocate to rural areas of our state, residential development encroaches on our rural areas,” noted the SB 88 sponsor Senator Jason Brodeur (R-Sanford). “Friction between these competing land uses can lead to litigation that threatens the survival of legacy farming communities. While we are always happy to welcome more Floridians, we also have to preserve existing farms. This legislation strikes the right balance by modernizing Florida’s Right to Farm Act, and I am grateful to Gov. DeSantis for signing it into law today.”
Aaron Troyer, Chairman of the Florida Fruit & Vegetable Association and a grower himself noted, “FFVA thanks Gov. DeSantis for his support of SB 88. The importance of agriculture to our state’s economy cannot be overstated. Along with construction and tourism, it is one of the three primary legs keeping Florida’s economy aloft. And over the course of this past year, the importance of this industry to the state has been underscored like never before. By signing SB 88 into law, the Governor supported our tireless farmers by helping to alleviate some of the pressure from urban encroachment, ensuring that agriculture, an economic pillar of our state, is sustained and remains an integral component and fixture of the Florida landscape.”