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Florida Right to Farm Act Requirements

Florida’s Right to Farm Act provides many legal protections for farms in the state of Florida. However, in order for the Act to provide protection, your farm or agricultural operation must meet certain requirements. Below is a list of some of the major requirements in order for your farm to receive protection under Florida’s Right to Farm Act.

1. Operating for more than 1 year

First, your farm must be in operation for more than 1 year in order for Florida’s Right to Farm Act to apply. It is not enough that you have owned the land for more than one year with the intent to operate a farm. You must have commenced operations in order for the clock to start. The date your farm commenced operations will be recognized as your “established date of operation.”

What if I expanded my operations within the last year?

You may or may not have protection under the Right to Farm Act if you have expanded your farm operations within the last year. Protection will depend on whether your expanded operations are within the original boundaries of the farm land. If your new  operations are within the original boundaries, then all of your operations will likely be considered “established” on the date the original farm operation commenced. However, your expansion cannot change to a “more excessive farm operation with regard to noise, odor, dust, or fumes where the existing farm operation is adjacent to an established homestead or business….” See 823.14(5). Furthermore, if you expanded operations outside of the original boundaries, each expansion will have its own “separate and independent established date of operation.” Regardless, your original operation will not lose its prior established date of operation. See Section (3)(d).

What if I sell or buy a farm that previously had protection under the Right to Farm Act?

If a farm changes ownership, the Right to Farm Act still provides protection against nuisance lawsuits. The protection does not go away or restart but continues just as if ownership of the farm remained the same.

What if my farm changes the type of farm product being produced?

The Right to Farm Act should still apply even if you change the type of farm product being produced. However, in producing this new farm product, your farm should not become “more excessive farm operation with regard to noise, odor, dust, or fumes” if your farm is next to an established homestead or business.

What if a new residential or commercial development is built next to my farm?

As long as the other requirements are met, the Right to Farm Act will protect your farm if a new residential or commercial development is built next to your farm. This is one of the main purposes of the Right to Farm Act – to protect Florida’s farms from encroaching development.

2. Generally accepted agricultural principles

The second major requirement for Florida’s Right to Farm Act to apply is that your farm operations “conform to generally accepted agricultural principles.”

3. Classified as Agricultural Land*

This step is not required for a farming operation to defend a nuisance lawsuit based on the Right to Farm Act. However, if a farm wishes to use the Right to Farm Act to strike down a local zoning ordinance (or the like), the farm must be classified as Agricultural Land for tax purposes under Florida Statute 193.461.

If your farm does have this classification, the Right to Farm Act protects your farm from the city, county, or township from adopting an “ordinance, regulation, rule or policy”  that “prohibits, restricts, regulates, or otherwise limits an activity of a bona fide farm operation.” In other words, a local government cannot “zone your farm out of business.” Again, your farm does need to exercise best management practices and comply with DEP, DACS, and your Water Management District for Right to Farm Act protection.

The information on this website is not legal advice. The presentation of these materials, and your receipt of same, does not constitute legal representation. Any and all acts of communication made through this website do not establish an attorney-client relationship.

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