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Florida Right to Farm Act Protections

The Florida Right to Farm Act is found in Florida Statute § 823.14. The purpose of the Act is to protect Florida’s agriculture industry and ensure that the state can be self-sufficient in providing food for its residents. The law provides protection for farms in a few different ways:

1. Protection from Nuisance Lawsuits

2. Protection from Local Zoning Ordinances

Note: A farm must meet certain requirements before the Right to Farm Act provides protection. You can read about these requirements on my post Florida Right to Farm Act Requirements.

1. Protection from Nuisance Lawsuits

In creating the Right to Farm Act, the Florida Legislature found that farms and other agricultural activities were increasing being sued; especially in urbanizing areas. Generally, these lawsuits were brought under a theory of public or private nuisance. Because of the increase in nuisance lawsuits against farmers, farms were encouraged or forced to stop conducting agricultural operations.

Thanks to the Right to Farm Act, your farm or agricultural operation can be immune from nuisance lawsuits. This means that if a person or entity brings a nuisance lawsuit against you, the court will likely find, as a matter of law, that your farm is not a nuisance and dismiss the claim.

However, in order for the Right to Farm Act to provide protection from nuisance lawsuits, your farm must:

1. Have been in operation for 1 year or more;
2. Not have been a nuisance at the time of its established date of operation; and
3. Conform to generally accepted agricultural and management practices

Exceptions to Protection from Nuisance Lawsuits

There are a few exceptions to immunity from nuisance lawsuits. Section (4)(a) of the Right to Farm Act lists conditions that would constitute evidence of a nuisance. This means that even if your farm meets the above three conditions, you may be subject to a nuisance lawsuit if the plaintiff can show that one of the items under Section (4)(a) exits:

1. The presence of untreated or improperly treated human waste, garbage, offal, dead animals, dangerous waste materials, or gases which are harmful to human or animal life.
2. The presence of improperly built or improperly maintained septic tanks, water closets, or privies.
3. The keeping of diseased animals which are dangerous to human health, unless such animals are kept in accordance with a current state or federal disease control program.
4. The presence of unsanitary places where animals are slaughtered, which may give rise to diseases which are harmful to human or animal life

2. Protection from Local Zoning Ordinances

Many farms and agricultural operations leave an area because the local governments effectively “zone them out.” Because of strict ordinances, regulations, rules or policies of the city or county, a farm can be very limited or prohibited from conducting its activities.

For this reason, the Florida Right to Farm Act prohibits any local government from adopting an “ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation.” Fla. Stat. 823.14(6). This is strong protection for Florida’s farms; however, there are limits to what type of land and operation receives this protection.

First, in order to qualify for this protection from local government ordinances, your land must be classified as agricultural land pursuant to Florida Statute 193.461.  This statute is the law which authorizes the property appraiser to classify land as agricultural for tax purposes. Additionally, your farm must use best management practices. To read more about the requirements to qualify for these protections, see my post Florida Right to Farm Act Requirements.

Florida has not had extensive litigation involving the Right to Farm Act; however, in Wilson v. Palm Beach County, the Fourth District Court of Appeal held that the Right to Farm Act does not prohibit the enforcement of local ordinances which were enacted prior to the provision restricting local government ordinances.  The Right to Farm Act provisions which restrict local government from adopting ordinances which restrict farming activities did not become effective until June 16, 2000. Therefore, any pre-existing laws (laws which were enacted before June 16, 2000) are not prohibited by Florida’s Right to Farm Act and can still be enforced against your farm or agricultural operation.

Florida’s Right to Farm Act provides many protections but, as you can see, there are many caveats and exceptions to whether and when the Right to Farm Act applies to a farm or agricultural operation.

 

 

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