Legislation moves to address costly pesticide lawsuits targeting farmers

The House Civil Justice and Claims Subcommittee advanced HB 129 which would limit farmer’s liability for using legal, approved pesticide products in the proper manner.

In a spirited committee hearing that included a strike-all amendment, members debated pesticide liability for manufacturers and distributors, as well as end-users like farmers.

The bill sponsor, Republican Rep. J.J. Grow, explained that federal agencies go through a deliberative process when approving pesticides for the marketplace, outlined under the Federal Insecticide, Fungicide, and Rodenticide Act. Those pesticides are available for purchase based on Environment Protection Agency (EPA) approval. The legislation seeks to limit lawsuits filed against those purchasing EPA-approved products and following application guidelines.

Elizabeth Burns-Thompson, a spokesperson for Modern Ag Alliance, expressed the daily challenge of family farms dealing with unpredictable factors out of their control, like erratic weather or fluctuating commodities prices. By contrast, she called on the committee to help address these “man-made challenges” by “providing clarity for farmers.”

Adam Basford with Associated Industries of Florida stressed, “these products are critical for food production.” At a time when more farmland in Florida is being developed, Basford said “efficiency is critically important” and farmers have to “grow more with less.” He called for “consistency and certainty.”

Republican Rep. David Borrero echoed their concerns during the comment period and condemned, more broadly, the uncertain legal environment and frivolous lawsuits that stifle and suffocate entrepreneurship and innovation. Other business organizations, including the Florida Chamber of Commerce, Florida Retail Federation, Florida Nursery, Growers and Landscape Association waived in support.

Democratic Rep. Mike Gottlieb voiced concerns that the EPA process for investigation can be lengthy and said that he generally opposes any immunity from legal actions. Other members of the committee also expressed their lack of faith in the EPA. A representative from the Sierra Club spoke in opposition and raised broader environmental concerns.

HB 129 now advances to the Housing, Agriculture & Tourism Subcommittee and has one final stop in the Judiciary Committee.