Florida 2021 Regular Session Status: To Executive 1 R cosponsors

SB 88 — Farming Operations

Last action — Chapter No. 2021-7

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Farming Operations; Prohibiting farms from being held liable for nuisance except under certain circumstances; providing a burden of proof; prohibiting nuisance actions from being filed against farm operations unless specified conditions are met; providing requirements for and limitations on damages; providing that plaintiffs who bring nuisance actions against farm operations are liable for certain costs and expenses under certain conditions, etc.

Bill Text

What changed in the latest version

312 added · 314 removed

312 line(s) added, 314 removed.

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Florida Senate - 2021 CS for CS for SB 88 By the Committees on Environment and Natural Resources;
Florida Senate - 2021 CS for SB 88 By the Committee on Judiciary;
and Judiciary;
and Senators Brodeur and Baxley 590-01950-21 202188c1 A bill to be entitled An act relating to farming operations;
and Senators Brodeur, Baxley, Albritton, and Perry 592-02135-21 202188c2 A bill to be entitled An act relating to farming operations;
revising definitions;
revising the definition of the term “farm operation”;
27 WHEREAS, all 50 U.S.
28 WHEREAS, all 50 U.S.
states have enacted “Right to Farm” laws that protect farmers and ranchers from nuisance lawsuits filed by individuals who move into a rural area where normal farming operations exist and then use legal actions to stop or interfere with ongoing farming operations, and WHEREAS, Florida’s Right to Farm legislation was enacted in 1979 to protect agricultural operations from these types of actions and is in need of updating, and WHEREAS, as our state continues to experience unprecedented growth and as residential development continues to encroach upon our rural areas, there is a possibility for increased complaints regarding farming practices approved by the Department of Environmental Protection and the Department of Agriculture and Consumer Services, such as harvesting, transporting crops, and conducting controlled burning, despite the use of best management practices, and WHEREAS, because of the COVID-19 pandemic, there is an increasing exodus from more densely populated areas from both within and outside this state into our rural communities, potentially creating conflicts with existing legal farming activities and their complementary agritourism activities, and WHEREAS, there is a longstanding tradition of using agritourism activities, such as hayrides, corn mazes, winery tours, and farm festivals, to supplement income received from growing crops and raising farm animals, and WHEREAS, ensuring the potential for revenues from agritourism activities is necessary to preserve farms and the rural character of many areas in the face of rising costs and foreign competition and the many uncertainties associated with growing crops and raising farm animals, and WHEREAS, it is timely and prudent to modernize the Florida Right to Farm Act by clarifying definitions, standing, and procedures in order to ensure that the original intent of Florida’s Right to Farm law is preserved and a viable agricultural industry in this state can continue, NOW, THEREFORE, 64 Be It Enacted by the Legislature of the State of Florida:
states have enacted “Right to Farm” laws that protect farmers and ranchers from nuisance lawsuits filed by individuals who move into a rural area where normal farming operations exist and then use legal actions to stop or interfere with ongoing farming operations, and WHEREAS, Florida’s Right to Farm legislation was enacted in 1979 to protect agricultural operations from these types of actions and is in need of updating, and WHEREAS, as our state continues to experience unprecedented growth and as residential development continues to encroach upon our rural areas, there is a possibility for increased complaints regarding farming practices approved by the Department of Environmental Protection and the Department of Agriculture and Consumer Services, such as harvesting, transporting crops, and conducting controlled burning, despite the use of best management practices, and WHEREAS, because of the COVID-19 pandemic, there is an increasing exodus from more densely populated areas from both within and outside this state into our rural communities, potentially creating conflicts with existing legal farming activities and their complementary agritourism activities, and WHEREAS, there is a longstanding tradition of using agritourism activities, such as hayrides, corn mazes, winery tours, and farm festivals, to supplement income received from growing crops and raising farm animals, and WHEREAS, ensuring the potential for revenues from agritourism activities is necessary to preserve farms and the rural character of many areas in the face of rising costs and foreign competition and the many uncertainties associated with growing crops and raising farm animals, and WHEREAS, it is timely and prudent to modernize the Florida Right to Farm Act by clarifying definitions, standing, and procedures in order to ensure that the original intent of Florida’s Right to Farm law is preserved and a viable agricultural industry in this state can continue, NOW, THEREFORE, 65 Be It Enacted by the Legislature of the State of Florida:
66 Section 1. Subsections (2), (3), and (4) of section 823.14, Florida Statutes, are amended, and subsections (7), (8), and (9) are added to that section, to read:
67 Section 1. Subsections (2), (3), and (4) of section 823.14, Florida Statutes, are amended, and subsections (7), (8), and (9) are added to that section, to read:
For an agritourism activity, the term “established date of operation” means the date the specific agritourism activity commenced.
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Action History

  1. Chapter No. 2021-7

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. Message sent to senate

  6. CS passed; YEAS 110, NAYS 7

  7. Read 3rd time

  8. Added to Third Reading Calendar

  9. Placed on 3rd reading

  10. Amendment 341393 Failed

  11. Amendment 288003 Failed

  12. Amendment 898789 Failed

  13. Amendment 122127 Failed

  14. Amendment 846141 Failed

  15. Read 2nd time

  16. Substituted for CS/CS/HB 1601

  17. Amendment 846141 filed

  18. Amendment 288003 filed

  19. Amendment 122127 filed

  20. Amendment 341393 filed

  21. Amendment 898789 filed

  22. 1st Reading (Engrossed 1)

  23. Bill added to Special Order Calendar (4/21/2021)

  24. Bill referred to House Calendar

  25. In Messages

  26. CS passed as amended; YEAS 37 NAYS 1

  27. Read 3rd time

  28. Placed on 3rd reading

  29. Ordered engrossed

  30. Amendment(s) adopted (545786)

  31. Read 2nd time

  32. CS/CS/CS by Rules read 1st time

  33. Placed on Special Order Calendar, 03/11/21

  34. Placed on Calendar, on 2nd reading

  35. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  36. CS/CS/CS by- Rules; YEAS 14 NAYS 2

  37. CS/CS by Environment and Natural Resources read 1st time

  38. CS by Judiciary read 1st time

  39. Introduced

  40. On Committee agenda-- Rules, 03/04/21, 9:00 am, 412 Knott Building

  41. Now in Rules

  42. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  43. CS/CS by Environment and Natural Resources; YEAS 4 NAYS 1

  44. On Committee agenda-- Environment and Natural Resources, 02/15/21, 3:30 pm, 37 Senate Building

  45. Now in Environment and Natural Resources

  46. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  47. CS by Judiciary; YEAS 10 NAYS 1

  48. On Committee agenda-- Judiciary, 02/01/21, 2:30 pm, 412 Knott Building

  49. Referred to Judiciary; Environment and Natural Resources; Rules

  50. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 110 Yea · 7 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 49302
Republican 46000
Democrat 15401
Total 110703
% of votes cast 92%6%0%3%
How each member voted (120)
Member Party Vote
Alexander — Yea
Aloupis — Yea
Geller — Yea
Altman — Yea
Goff-Marcil — Nay
Renner — Yea
Grant — Yea
Roach — Yea
Bell — Yea
Grieco — Yea
Beltran — Yea
Hage — Yea
Harding — Yea
Hardy — Nay
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Brown — Yea
Ingoglia — Yea
Silvers — Yea
Jenne — Yea
Bush — Yea
Byrd — Yea
Killebrew — Yea
Slosberg — Yea
Caruso — Yea
Casello — Yea
Latvala — Yea
Learned — Yea
Sprowls — Yea
Clemons — Yea
Stevenson — Yea
Diamond — Nay
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Drake — Yea
DuBose — Yea
McCurdy — Yea
Duran — Yea
Willhite — Yea
Morales — Yea
Williams — Yea
Fernandez-Barquin — Yea
Williamson — Yea
Fetterhoff — Yea
Fine — Yea
Fischer — Yea
Payne — Yea
Zika — Yea
Benjamin — Not Voting
Omphroy — Not Voting
Thompson, Geraldine F. "Geri" — Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Chambliss, Kevin D. Democrat Yea
Daley, Dan Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Not Voting
Eskamani, Dr. Anna V. Democrat Nay
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Nay
Nixon, Angela "Angie" Democrat Nay
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Nay
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Third Reading

Passed 37 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 12001
Unaffiliated 20101
Democrat 4000
No Party Affiliation 1000
Total 37102
% of votes cast 93%3%0%5%
How each member voted (40)
Member Party Vote
Diaz — Yea
Ausley — Yea
Farmer — Nay
Powell — Yea
Baxley — Yea
Gainer — Yea
Rodrigues — Yea
Bean — Yea
Book — Yea
Stargel — Yea
Stewart — Yea
Bracy — Yea
Taddeo — Yea
Hutson — Yea
Thurston — Yea
Brandes — Yea
Torres — Yea
Broxson — Yea
Simpson — Yea
Perry — Yea
Cruz — Yea
Gibson — Not Voting
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Not Voting
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 14 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 5000
Unaffiliated 9201
Total 14201
% of votes cast 82%12%0%6%
How each member voted (17)
Member Party Vote
Baxley — Yea
Book — Yea
Bracy — Yea
Brandes — Yea
Diaz — Yea
Gibson — Yea
Hutson — Yea
Powell — Yea
Stargel — Yea
Farmer — Nay
Thurston — Nay
Bean — Not Voting
Albritton, Ben Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 10 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Republican 3000
Democrat 2000
Total 10100
% of votes cast 91%9%0%0%
How each member voted (11)
Member Party Vote
Baxley — Yea
Broxson — Yea
Rodrigues — Yea
Thurston — Yea
Brandes — Yea
Gibson — Nay
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Mayfield, Debbie Republican Yea

Official roll call →

Subjects

labor agriculture
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Frequently asked questions

What does SB 88 do?
Farming Operations; Prohibiting farms from being held liable for nuisance except under certain circumstances; providing a burden of proof; prohibiting nuisance actions from being filed against farm operations unless specified conditions are met; providing requirements for and limitations on damages; providing that plaintiffs who bring nuisance actions against farm operations are liable for certain costs and expenses under certain conditions, etc.
Who sponsors SB 88?
SB 88 is sponsored by Brodeur, Jason (Republican).
What is the current status of SB 88?
This bill died with 2021 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 88?
Track SB 88 free on One Click Politics — get push/email alerts when it moves.

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