The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Agriculture
BILL: SB 1472
INTRODUCER: Senator Bradley
SUBJECT: Organic Material Products
DATE: March 17, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Burse Becker AG Pre-meeting
2. CA
3. RC
I. Summary:
SB 1472 defines “organic material” and revises other definitions. The bill prohibits local
governments from adopting any ordinance, regulation, rule, or policy to prohibit, restrict, regulate,
or otherwise limit the collection, storage, processing, or distribution of organic material products.
The bill takes effect July 1, 2023.
II. Present Situation:
“Right to Farm” Laws; Generally
In the 1970s, states began to identify the potential conflicts between farmers and developers as
urban sprawl crept into rural, agricultural areas. One of the initial concerns was that the relocation
of city dwellers into agricultural areas would result in a rash of very expensive nuisance lawsuits
once the new neighbors were confronted with the sensory nature of farm life, complete with an
inescapable array of odors, loud noises, dust, and other side-effects.
1
In an effort to protect farms and agricultural operations from the encroaching sprawl, states passed
anti-nuisance laws that are referred to as “Right to Farm” laws. These laws, enacted in all 50 states,
protect agricultural production against some nuisance lawsuits. The laws do not grant absolute
immunity but generally provide protections for defendants based upon a “coming to the nuisance”
defense theory. These laws provide a liability shield for pre-existing agricultural operations when
changes are made to the use of nearby parcels, such that the plaintiffs are described as “coming to
the nuisance.”
2
The Florida Right to Farm Act was enacted in 1979.
3
1
Alexia B. Borden and Thomas R. Head, III, The “Right To Farm” In The Southeast – Does it Go Too Far? (2007).
2
Id.
3
Chapter 79-61, ss. 1-2, Laws of Fla.
REVISED: BILL: SB 1472 Page 2
Nuisance
A nuisance is described as an activity, condition, or situation created by someone that significantly
interferes with another person’s use or enjoyment of their property. A private nuisance affects a
person’s private right that is not common to the public while a public nuisance is an interference
that affects the general public, for example, a condition that is dangerous to health or community
standards.
4
The Florida Right to Farm Act
The Florida Right to Farm Act protects farm operations from nuisance lawsuits if the operations
comply with generally accepted agricultural and management practices.
5
The Florida Right to Farm Act states that a farm operation cannot be classified as a public or
private nuisance if the farm:
Has been in operation for 1 year or more since its established date of operation;
Was not a nuisance when it was established; and
Conforms to generally accepted agricultural and management practices.
6
However, the following four unsanitary conditions constitute evidence of a nuisance:
The presence of untreated or improperly treated human waste, garbage, offal, dead animals,
dangerous waste materials, or gases which are harmful to human or animal life;
The presence of improperly built or improperly maintained septic tanks, water closets, or
privies;
The keeping of diseased animals which are dangerous to human health, unless the animals
are kept in accordance with a current state or federal disease control program; or
The presence of unsanitary places where animals are slaughtered, which may give rise to
diseases which are harmful to human or animal life.
7
Additionally, a farm operation cannot be classified as a public or private nuisance due to a
change:
In ownership;
In the type of farm product that is produced;
In conditions in or around the locality of the farm; or
Made in compliance with Best Management Practices adopted by local, state, or federal
agencies.
8
The Florida Right to Farm Act, however, may not be construed to permit an existing farm operation
to increase to a more excessive farm operation with regard to noise, odor, dust, or fumes where the
existing operation is adjacent to an established homestead or business.
9,10
4
BLACK’S LAW DICTIONARY (11
th
ed. 2019).
5
Section 823.14, F.S.
6
Section 823.14(4)(a), F.S.
7
Id.
8
Section 823.14(4)(b), F.S.
9
Section 823.14(5), F.S.
10
In an effort to eliminate duplication of regulatory authority over farm operations, local governments may not adopt an BILL: SB 1472 Page 3
III. Effect of Proposed Changes:
SB 1472 revises definitions for the following terms:
“Farm”
“Farm operation”
“Farm product”
The bill defines “organic material,” to mean vegetative matter resulting from landscaping
maintenance or land clearing operations. The term includes clean wood and materials such as tree
and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and
soils.
The bill provides the collection, storage, processing, or distribution of organic material products
are deemed a bona fide farm operation and the lands associated with the operation are deemed
agricultural and are protected from local government oversight.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
ordinance or similar policy to prohibit or limit an activity of a bona fide farm operation on land that is classified as
agricultural land in accordance with statute, where the activity is regulated through implemented best management practices
or certain interim measures. The full text of this prohibition is contained in s. 823.14(6), F.S. BILL: SB 1472 Page 4
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 823.14 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.