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 Rules
BILL: CS/SB 628
INTRODUCER: Rules Committee and Senator Rouson
SUBJECT: Urban Agriculture
DATE: April 6, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Argote Becker AG Favorable
2. Hackett Ryon CA Favorable
3. Argote Phelps RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 628 exempts propelled equipment used on a farm or used to transport farm products for
the purpose of urban agriculture from the requirement that that farm equipment be stored,
maintained, or repaired within the boundaries of the owner’s farm and be located at least 50 feet
away from a public road. The bill does not exempt nonresidential farm buildings, fences, or signs
located on lands used for urban agriculture from the Florida Building Code or local
governmental regulations.
The bill defines “urban agriculture” and provides applicability.
The bill authorizes the Department of Agriculture and Consumer Services (Department) to
approve five urban agricultural pilot project programs in municipalities throughout the state. The
bill sets forth requirements by which the Department may approve such projects, outlines
eligibility and application requirements, and provides project length periods. The bill requires
that municipalities submit a report to the Department outlining outcome and impact of their pilot
projects by a specified date. The Department is then required to submit a report on the outcomes
and impacts of the pilot projects to the President of the Senate and the Speaker of the House of
Representatives.
The bill expressly preserves local governmental authority to regulate urban agriculture under
certain circumstances.
BILL: CS/SB 628 Page 2
The bill takes effect July 1, 2021.
II. Present Situation:
Urban Agriculture
Over the past decade, food policy in the United States has responded to ongoing shifts in
consumer preferences and producer trends that favor local and regional food systems while also
supporting traditional farm enterprises.1 This support for local and regional farming has helped to
increase agricultural production in urban areas within and surrounding major U.S. cities.
Urban farming operations represent a diverse range of systems and practices. They encompass
large-scale innovative systems and capital-intensive operations, vertical and rooftop farms,
hydroponic greenhouses (e.g., soilless systems), and aquaponics facilities (e.g., growing fish and
plants together in an integrated system).2 Urban farming also includes a variety of operations
such as vacant city lots, city parks, churchyards, schoolyards, backyards, and community
gardens. Urban farming and gardening is often presented as a potential solution for improving
health outcomes, increasing self-reliance, strengthening community, and achieving social goals.
Types of Urban Agriculture
The many forms of urban agriculture can be categorized as either commercial or community-
based.3 Commercial urban farms typically frame their business model on creating economically
viable businesses that provide employment, food, and education opportunities to serve local
needs.4
The primary objective of community-based urban gardens is to create spaces for local residents
to engage in individual and neighborhood development and empowerment while growing,
sharing, or selling fresh fruits and vegetables with each other.5 Profitability is not necessarily the
goal of community-based urban agriculture;6 instead, these efforts seek dedicated outside
funding to realize urban agricultures promises of increased healthy food access, food justice,
education, job training, ecological literacy, and community empowerment and development.7
1
Congressional Research Service, The Library of Congress, 2018 Farm Bill Primer: Support for Urban Agriculture (2019),
available at https://fas.org/sgp/crs/misc/IF11210.pdf (last visited April 6, 2021).
2
Id.
3
Hodgson, K., Caton Campbell, M., & Bailkey, M, Urban agriculture: Growing healthy, sustainable places, (2011)
Chicago, IL: American Planning Association Planning Advisory Service.
4
Rangarajan, A., & Riordan, M., The Promise of Urban Agriculture: National Study of Commercial Farming
in Urban Areas (2019), United States Department of Agriculture/Agricultural Marketing Service and Cornell University
Small Farms Program.
5
Id.
6
Hodgson, K., Caton Campbell, M., & Bailkey, M, Urban agriculture: Growing healthy, sustainable places, (2011)
Chicago, IL: American Planning Association Planning Advisory Service.
7
Vitiello, D. and Wolf-Powers, L, Growing food to grow cities: The potential of agriculture for economic and community
development in the urban United States, Community Development Journal, (2014), p. 508-523.
BILL: CS/SB 628 Page 3
“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.8
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.”9 The Florida Right to Farm Act was enacted in 1979.10
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.11
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.12
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.13
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;
8
Alexia B. Borden and Thomas R. Head, III, The “Right To Farm” In The Southeast – Does it Go Too Far? (2007).
9
Id.
10
Chapter 79-61, ss. 1-2, Laws of Fla.
11
BLACK’S LAW DICTIONARY (11th ed. 2019).
12
Section 823.14, F.S.
13
Section 823.14(4)(a), F.S.
BILL: CS/SB 628 Page 4
 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.14
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.15
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.16,17
The Florida Building Code
Part IV of ch. 553, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and
intent of the Act is to provide a mechanism for the uniform adoption, updating, interpretation,
and enforcement of a single, unified state building code. The Building Code must be applied,
administered, and enforced uniformly and consistently from jurisdiction to jurisdiction.18
The Florida Building Commission (Commission), housed within the Department of Business and
Professional Regulation, implements the Building Code. The Commission reviews several
International Codes published by the International Code Council, the National Electric Code, and
other nationally adopted model codes to determine if the Building Code needs to be updated and
adopts an updated Building Code every 3 years.
III. Effect of Proposed Changes:
Section 1 amends s. 604.40, F.S., to exempt propelled equipment used on a farm or used to
transport farm products for the purpose of urban agriculture from the requirement that farm
equipment be stored, maintained, or repaired within the boundaries of the owner’s farm and kept
at least 50 feet away from any public road without limitation.
14
Id.
15
Section 823.14(4)(b), F.S.
16
Section 823.14(5), F.S.
17
In an effort to eliminate duplication of regulatory authority over farm operations, local governments may not adopt an
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.
18
See s. 553.72(1), F.S.
BILL: CS/SB 628 Page 5
Section 2 amends s. 604.50, F.S., to provide that nonresidential farm buildings, fences, or signs
located on lands used for urban agriculture are not exempt from the Florida Building Code or
local governmental regulations.
Section 3 creates s. 604.73, F.S., to be known as the “Florida Urban Agriculture Act.”
The bill specifies the following legislative findings and intent related to urban agriculture:
 It is necessary to distinguish between farms on traditional rural farm land and those of urban
agriculture due to the application of laws related to agricultural activities;
 It is acknowledged that the “coming to the nuisance” defense is reversed when residents
bring agricultural uses to already-established, dense urbanized areas, and that municipalities
should retain the right to reasonably regulate urban agriculture to protect existing urban land
uses;
 It is recognized that urban agriculture has the ability to spur economic development by
providing for fresh foods in city centers, community revitalization, and the adaptive reuse of
vacant lands; and
 It is intended that local governments be authorized to create urban agriculture pilot projects
to regulate urban agriculture under certain conditions in order to determine the effectiveness
and impact of the pilot projects on farming operations in the selected dense urbanized land
areas of the state.
The bill defines “urban agriculture.” The term applies to any new or existing noncommercial
agricultural uses on land that is:
 Within a dense urban land area;
 Not classified as agricultural;
 Not zoned as agricultural as its principal use; and
 Designated by a municipality for inclusion in an urban agricultural pilot project that has been
approved by the Department of Agriculture and Consumer Services (Department).
The term does not apply to vegetable gardens for personal consumption on residential properties.
The bill creates urban agricultural pilot projects, which grants the Department authority to
approve five urban agricultural pilot project programs in municipalities throughout the state. The
bill sets forth requirements by which the Department may approve such projects, outlines which
municipalities are eligible for application and application requirements, and provides an initial
project length period of 3 years to be renewed for additional 3-year periods if a mutual
agreement is met. At the end of the first year, the Department may increase the number of pilot
projects to 10.
Municipalities are required to submit a report to the Department outlining outcome and impact of
their pilot projects by January 1 of each year that the pilot project is in place. The Department is
then required to submit a report on the outcomes and impacts of the pilot programs to the
President of the Senate and the Speaker of the House of Representatives. The Department is
given rulemaking authority to administer and implement the pilot projects.
The bill provides that urban agriculture is subject to applicable municipal regulations if:
BILL: CS/SB 628 Page 6
 The urban agriculture activities occur on land included by a municipality in a pilot project
approved by the Department;
 The municipality duly enacts local regulations applicable to urban agriculture; and
 The regulation designates existing farm operations as legally nonconforming before the
regulation’s adoption.
Section 4 provides that this bill shall take effect July 1, 2021.
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.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
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VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 604.40 and 604.50 of the Florida Statutes.
This bill creates section 604.73 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Rules on April 6, 2021:
Section 604.40, F.S., is amended to include farm equipment used to transport farm
products, requiring that such equipment be stored, maintained, or repaired by the owner
within the boundaries of the owner's farm and at least 50 feet away from any public road
without limitation. Farm equipment under s. 604.40, F.S., used for urban agriculture
would be exempt from this requirement.
The committee substitute revises the definition of the term “urban agriculture.”
The committee substitute creates the urban agricultural pilot programs, which grants the
Department of Agriculture and Consumer Services (Department) th