Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 88
       
       
       
       
       
       
                                Ì753866QÎ753866                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/04/2021           .                                
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       The Committee on Rules (Farmer) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 151 - 177
    4  and insert:
    5         (c) A farm may not be held liable for a nuisance action
    6  unless the plaintiff proves by a greater weight of the evidence
    7  that the claim arises out of conduct that did not comply with
    8  state and federal environmental laws, regulations, or best
    9  management practices.
   10         (7) PUNITIVE DAMAGES.—A plaintiff may not recover punitive
   11  damages in a private nuisance action against a farm unless:
   12         (a) The alleged nuisance is based on substantially the same
   13  conduct that resulted in a criminal conviction or a civil
   14  enforcement action by a state or federal environmental
   15  regulatory agency; and
   16         (b) The conviction or enforcement action occurred within 3
   17  years of the first act forming the basis of the nuisance action.
   18         (8) NUISANCE ACTIONS BASED ON EXISTING FARM OPERATIONS.—A
   19  
   20  ================= T I T L E  A M E N D M E N T ================
   21  And the title is amended as follows:
   22         Delete lines 5 - 9
   23  and insert:
   24         prohibiting farms from being held liable for nuisance
   25         actions except under certain circumstances; providing
   26         a burden of proof;