The House voted 110-7 to support expanding the state’s “Right to Farm” law, despite concerns from opponents that the bill (SB 88) would limit lawsuits over the potential health impacts of burning sugar cane. The Right to Farm law was initially approved in 1979 and helps shield farmers from what are known as nuisance lawsuits.
House Speaker Chris Sprowls, R-Palm Harbor, acknowledged after the vote the proposal is a priority of Senate President Wilton Simpson, a Trilby Republican whose business interests include owning an egg farm.
“At the start of this legislative session. I presented Senate President Simpson with a ‘Farmer’s Almanac’ from 1845, the year that Florida was founded,” Sprowls said. “It wasn't just a hat tip for his commitment to his vocation. It was a hat tip for his love and his passion for this land … for the history of our state that is rich and built on people who were sweating in the fields and making sure that our families were fed, and also to his commitment to the future of Florida, to make sure that that industry, that agriculture, continues to be part of our identity.”
The measure would prohibit nuisance lawsuits filed by people who do not own property within one-half mile of the alleged violations. It also would limit damages that could be awarded to the market value of any property damaged.
The bill also would expand the Right to Farm law to include issues related to agritourism and “particle emissions.” In addition, it would require people who file lawsuits to show by “clear and convincing evidence” that farms did not comply with state and federal environmental laws.
The House rejected a series of amendments Wednesday by Rep. Omari Hardy, D-West Palm Beach, that included trying to expand the one-half mile threshold for lawsuits to 25 miles.
“It's been said that this bill closes the doors of the courthouse. That goes a little bit too far, because it does leave the doors of the courthouse cracked, open just a little bit,” Hardy said Thursday. “So, it's not just about access to the court. It's about what that access looks like when you get here. And if you look at the bill, it's clear that if you can get in the court after this bill passes, the odds are going to be stacked against you.
Critics also contend the phrase “particle emissions” in the bill is part of an effort to scuttle a federal lawsuit over the health impact of “black snow” created from the burning of sugar cane fields.
“This bill isn't about protecting the industry from nuisance lawsuits,” Rep. Anna Eskamani, D-Orlando, said. “It’s giving them immunity to cause damage to public health.”
Backers of the measure said farmers face increased pressures from residential and commercial development as Florida attracts more people.
“We've been fighting a battle. That battle has been not against other industries as much as it's been against development,” Rep. Kevin Chambliss, D-Homestead, said. “And we've been losing that battle. The urban development boundary has consistently encroached upon agriculture, creating more residential communities than it does bring in jobs.”
Rep. Matt Willhite, D-Wellington, noted that residents from the sugar-growing Glades region were in Tallahassee last week advocating for the bill.
“If we drive some of these industries out of our backyard, they have no place to go,” Willhite said. “We're going to lose millions of jobs. We're going to lose billions of dollars in revenue for the state. I think this bill moves in the right direction for protecting them, supporting them and doing the right thing for all of us.”
Rep. Melony Bell, R-Fort Meade, said it’s not just farms around the Everglades that face development pressures. She said her husband is a beekeeper, an industry that daily faces lawsuits over people being stung.
“Do you want us to be bringing all of our food in from out of the United States that we don't know what pesticides were used” in growing the food? Bell asked.
The Senate voted 37-1 to approve the bill March 18, meaning it is now ready to go to DeSantis.
Support local journalism in these crazy days. Our small but mighty team is working tirelessly to bring you up to the minute news on how Coronavirus is affecting Tampa and surrounding areas. Please consider making a one time or monthly donation to help support our staff. Every little bit helps.
Subscribe to our newsletter and follow @cl_tampabay on Twitter.
This article appears in Apr 22-28, 2021.