Blueberry harvesting at Florida Blue Farms in Waldo, FL. Courtesy, Florida Department of Agriculture and Consumer Services
One of the most interesting facets of being in the advocacy business is following legislation and general public policy that touches real people, other than insurance and disaster recovery. Increasingly often, these are unsuspecting everyday Floridians who we hear from that are ensnared in litigation and are shocked at the tangled web in which they are trapped. It’s no secret that our readers (both insurance professionals and consumers) are keenly interested in how Florida can rebalance the out of control litigation plaguing individuals, businesses, and from what I learned last week, farmers.
I tuned into the Senate Judiciary Committee last week to hear Senate Bill (SB) 88 by the talented Jason Brodeur, a hard working Central Florida senator who is known for championing tough causes. SB 88 proposes to expand lawsuit protection for farmers. Farmers you are thinking? Yes, farmers. I grew up in Plant City which many of you know as the Winter Strawberry Capitol of the World. So many of the farmers in and around Plant City are my lifelong school pals and when I go “home” there’s nothing like visiting the fields full of berries, eggplant, squash, you name it. I often chuckle when I fondly recall a high schooler say to me, when I asked her where the delicious squash were grown that her mom had cooked for supper and she said Publix!
I talked to Senator Brodeur’s office about this common sense bill and they shared with me that the Florida Right to Farm Act (Section 823.14, Florida Statutes) provides liability protections from lawsuits alleging the farming activity is a nuisance, so long as the farm conforms to generally-accepted agricultural and management practices. SB 88 strengthens that by restricting civil lawsuits alleging negligence, trespass, personal injury, and strict liability. The bill requires a plaintiff to prove by clear and convincing evidence that a farming activity does not comply with state and federal environmental laws, regulations, or best management practices.
The legislation also limits plaintiffs who may bring a nuisance farming activity lawsuit to those located within one-half mile of the activity and limits damage awards to the market value of any property harmed by the nuisance. Unsuccessful plaintiffs would be required to pay the defendant farm’s attorney fees and costs in the limited circumstances that the lawsuit was based on a farming activity complying with environmental laws and agricultural management practices. You can read more in the staff analysis of the bill.
The bill is a priority of Senate President Wilton Simpson (R-Wilton), a lifelong egg farmer who said, “The Senate is committed to preserving Florida’s farms, legacy businesses that contribute to our nation’s food supply and billions of dollars to our state’s economy.” Please contact me so I can help you help Senator Brodeur in his efforts to pass this farmer protection bill that ultimately protects all of us.
Up next is the rest of our abbreviated newsletter, a format we’ll be providing during the Florida legislative session that is scheduled to run through April 30, to allow us to concentrate and expand our weekly “Bill Watch.” Enjoy and please let us know if you have any questions or comments. We love to hear from our readers and thank you for “tuning-in”!
LMA Newsletter of 2-8-21
