Renzo Downey
The Senate has passed legislation protecting farming operations from nuisance lawsuits, a priority in that chamber that has garnered pushback from environmental activists.
By a 37-1 vote, senators gave their approval to Sen. Jason Brodeur‘s bill (SB 88) to moderate lawsuits against farmers by building off Florida’s Right to Farm Act. The law is meant to protect farmers from people who move into rural communities and then file complaints against farmers.
“We are making a bold statement that says this is what brought us here, this is our heritage,” Brodeur told senators. “We recognize that during the last very trying year of COVID, we had no diminishing of our food supply.”
The Sanford Republican’s bill would restrict the types of civil lawsuits based on farming activities, require plaintiffs to prove noncompliance with state or federal requirements and limit who may file nuisance lawsuits against farmers.
The bill adds “agritourism” — such as attractions like corn mazes, rural bed-and-breakfasts and wine tours — as protected farming activities.
For negligence, trespassing, personal injury and strict liability lawsuits, as well as nuisance suits, plaintiffs must provide clear and convincing evidence the farming activity does not comply with state and federal environmental laws, regulations, or best management practices.
Nuisance suits would also be restricted to plaintiffs located within a half-mile of the activity or structure that is targeted in the suit. Plaintiffs that sue over activities deemed legal could be asked to pay the defendant farm’s attorney fees.
The bill includes an expansive definition of nuisance, “reasonable use and enjoyment of land,” that includes noise, smoke, odors, dust, fumes, particle emissions or vibration.
“A nuisance is a nuisance is a nuisance, and so no matter how creative you get with the verb you use, it’s still basically a nuisance claim,” Brodeur told a Senate panel earlier this year.
Senate Democratic Leader Gary Farmer was the lone Senator to vote against the bill.
“The part of this bill that causes me the most agitated angst is the part of the bill that takes away any type of claim other than the diminution of value of the property,” Farmer said. “We’re putting property over health. We’re putting property over people’s lives.”
Senate President Wilton Simpson, a lifelong egg farmer, supports the effort. In a statement after the committee advanced the bill, the Trilby Republican said the Senate is committed to preserving Florida’s agriculture. That industry leapfrogged tourism and hospitality as the state’s biggest industry during the COVID-19 pandemic.
“Farmers work hard every day so the grocery store shelves are full for everyone else,” Simpson said. “They don’t have the time or the money to spend months tied up in court because the new subdivision down the road doesn’t like the farming operations that have been in place on that land for generations.”
Pace Republican Rep. Jayer Williamson‘s House companion (HB 1601) is now moving in the House. It passed its first committee on Wednesday by a 14-4 vote that drew dissent from three Democrats and one Republican.
