Florida Senate - 2022                                    SB 1102
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01127-22                                           20221102__
    1                        A bill to be entitled                      
    2         An act relating to farming operations; amending s.
    3         823.14, F.S.; revising the definitions of the terms
    4         “farm operation” and “nuisance” for purposes of the
    5         Florida Right to Farm Act; providing an effective
    6         date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraphs (c) and (f) of subsection (3) of
   11  section 823.14, Florida Statutes, are amended to read:
   12         823.14 Florida Right to Farm Act.—
   13         (3) DEFINITIONS.—As used in this section:
   14         (c) “Farm operation” means all conditions or activities by
   15  the owner, lessee, agent, independent contractor, or supplier
   16  which occur on a farm in connection with the production of farm,
   17  honeybee, or apiculture products or in connection with
   18  complementary agritourism activities. These conditions and
   19  activities include, but are not limited to, the marketing of
   20  farm products at roadside stands or farm markets; the operation
   21  of machinery and irrigation pumps; the generation of noise,
   22  odors, dust, and fumes, and particle emissions; ground or aerial
   23  seeding and spraying; the placement and operation of an apiary;
   24  the application of chemical fertilizers, conditioners,
   25  insecticides, pesticides, and herbicides; agritourism
   26  activities; and the employment and use of labor.
   27         (f) “Nuisance” means any interference with reasonable use
   28  and enjoyment of land, including, but not limited to, noise,
   29  smoke, odors, dust, fumes, particle emissions, or vibration. The
   30  term also includes all claims that meet the requirements of this
   31  definition, regardless of whether the plaintiff designates those
   32  claims as brought in nuisance, negligence, trespass, personal
   33  injury, strict liability, or other tort.
   34         Section 2. This act shall take effect July 1, 2022.