STORAGE NAME: h0211.HAT
DATE: 3/28/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 211
TITLE: Farm Products
SPONSOR(S): Cobb
COMPANION BILL: SB 374 (Truenow)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism
Intergovernmental Affairs
Commerce
SUMMARY
Effect of the Bill:
The bill amends the definition of “farm product” to include plants and plant products, regardless of whether the
plants and plant products are edible or nonedible.
The bill prohibits a governmental entity from prohibiting, restricting, or regulating a bona fide farm operation that
involves the collection, storage, processing, and distribution of a farm product on agricultural land.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill amends the definition of “farm product” to mean plants and plant products,
1 regardless of whether the
plants and plant products are edible or nonedible, or any animal use to humans and includes, but is not limited to,
any product derived therefrom. (Section 1.)
The bill prohibits a governmental entity
2 from adopting or enforcing any ordinance, resolution, regulation, rule, or
policy to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation that involves the
collection, storage, processing, and distribution of a farm product on agricultural land. (Section 1.)
The bill has an effective date of July 1, 2025. (Section 3.)
1
For purposes of these provisions, “plants and plant products” mean tress, shrubs, vines, forage and cereal plants, and all
other plants and plant parts, including cuttings, grafts, scions, buds, fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all
products made from them, unless specifically excluded by the rules of the Department of Agriculture and Consumer Services.
S. 581.011(27), F.S.
2
For purposes of these provisions, “governmental entity” means local and regional government entities but does not include a
water management district, a water control district established under ch. 298, F.S., or a special district created by special act
for water management purposes. Ss. 164.1031(3) and 163.3162(d), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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RELEVANT INFORMATION
SUBJECT OVERVIEW:
Agriculture in Florida
As of 2024, Florida has 44,400 farm operations
3 covering 9.7 million acres of farmland.
4 In 2023, Florida ranked
first in the United States in the value of production for floriculture, Valencia oranges, sugarcane, watermelons and
sweet corn. The state ranked second in value of production for bell peppers, all oranges, strawberries, tomatoes
grown in the open, and non-Valencia oranges; ranked third nationally in cabbage and grapefruit; and ranked fourth
nationally in peanuts.
5
Regulation of Bona Fide Farm Operations
To prevent duplication of regulation, a Florida governmental entity
6 is prohibited from exercising any of its powers
to adopt or enforce any ordinance, resolution, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise
limit an activity of a bona fide farm operation on land classified as agriculture land,
7 if such activity is:
Regulated through implemented best management practices, interim measures, or regulations adopted as
rules under ch. 120, F.S.,
8 by the Department of Environmental Protection, the Department of Agriculture
and Consumer Services, or a water management district as part of a statewide or regional program; or
Regulated by the U.S. Department of Agriculture, the U.S. Army Corps of Engineers, or the U.S.
Environmental Protection Agency.
9
Classification of Agricultural Land
Under Florida law, a property appraiser must, on an annual basis, classify all lands within a county for tax
assessment purposes as either agricultural or nonagricultural.
10 Subject to certain restrictions, only lands that are
used primarily for bona fide agricultural purposes may be classified as agricultural.
11 For purposes of this
classification, the term “bona fide agricultural purposes” means good faith commercial agricultural use of the land,
which includes horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, pisciculture,
aquaculture, algaculture, sod farming, and all forms of farm products and farm production.
12
Currently, Florida law defines “farm product” as any plant
13 or animal useful to humans and includes, but is not
limited to, any product derived therefrom.
14
3
“Farm operations” means all conditions or activities by the owner, lessee, agent, independent contractor, or supplier which
occur on a farm in connection with the production of farm, honeybee, or apiculture products or in connection with
complementary agritourism activities. These conditions and activities include, but are not limited to, the marketing of farm
products at roadside stands or farm markets; the operation of machinery and irrigation pumps; the generation of noise, odors,
dust, fumes, and particle emissions; ground or aerial seeding and spraying; the placement and operation of an apiary; the
application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; agritourism activities; and the
employment and use of labor. S. 823.14(3)(d), F.S.
4
USDA’s National Agricultural Statistics Service Florida Field Office, 2024 State Agricultural Overview,
https://www.nass.usda.gov/Quick_Stats/Ag_Overview/stateOverview.php?state=FLORIDA (last visited Mar. 27, 2025).
5
Department of Agriculture and Consumer Services, Florida Agriculture Overview and Statistics,
https://www.fdacs.gov/Agriculture-Industry/Florida-Agriculture-Overview-and-Statistics (last visited Mar. 27, 2025).
6
Supra note 2.
7
See s. 193.461, F.S.
8
Ch. 120, F.S., is the Administrative Procedure Act. See s. 210.51, F.S.
9
S. 163.3162(3)(a), F.S.
10
S. 193.461(1), F.S.
11
S. 193.461(3)(b), F.S.
12
Ss. 193.461(3)(b) and 193.461(5), F.S.
13
Supra note 1.
14
S. 163.3162(2)(c), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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RECENT LEGISLATION:
YEAR BILL # HOUSE
SPONSOR(S)
SENATE
SPONSOR
OTHER INFORMATION
2024 CS/CS/HB
1051
Tuck, Alvarez, D. Collins It prohibited governmental entities from
restricting housing construction for legally
verified agricultural workers on certain
agricultural land, among other things. The
Senate companion was vetoed.
2023 CS/CS/CS/HB
1343
Tuck, Truenow Collins It prohibited counties from imposing
special assessments on agricultural lands,
among other things. It died in House
returning messages, but a related Senate
bill passed.
2023 CS/HB 1361 Truenow Bradley It prohibited local governments from
regulating the collection, storage,
processing, or distribution of organic
material products. It died on the House
Second Reading calendar.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Housing, Agriculture & Tourism
Subcommittee
Curtin Fletcher
Intergovernmental Affairs
Subcommittee
Commerce Committee