Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 88
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             03/11/2021 02:38 PM       .                                

       Senator Brodeur moved the following:
    1         Senate Amendment 
    3         Delete lines 94 - 185
    4  and insert:
    5  by the owner, lessee, agent, independent contractor, or and
    6  supplier which occur on a farm in connection with the production
    7  of farm, honeybee, or apiculture products or in connection with
    8  complementary agritourism activities. These conditions and
    9  activities include, but are and includes, but is not limited to,
   10  the marketing of farm products produce at roadside stands or
   11  farm markets; the operation of machinery and irrigation pumps;
   12  the generation of noise, odors, dust, fumes, and particle
   13  emissions and fumes; ground or aerial seeding and spraying; the
   14  placement and operation of an apiary; the application of
   15  chemical fertilizers, conditioners, insecticides, pesticides,
   16  and herbicides; agritourism activities; and the employment and
   17  use of labor.
   18         (d)(c) “Farm product” means any plant, as defined in s.
   19  581.011, or animal or insect useful to humans and includes, but
   20  is not limited to, any product derived therefrom.
   21         (e)(d) “Established date of operation” means the date the
   22  farm operation commenced. For an agritourism activity, the term
   23  “established date of operation” means the date the specific
   24  agritourism activity commenced. If the farm operation is
   25  subsequently expanded within the original boundaries of the farm
   26  land, the established date of operation of the expansion shall
   27  also be considered as the date the original farm operation
   28  commenced. If the land boundaries of the farm are subsequently
   29  expanded, the established date of operation for each expansion
   30  is deemed to be a separate and independent established date of
   31  operation. The expanded operation shall not divest the farm
   32  operation of a previous established date of operation.
   33         (f)“Nuisance” means any interference with reasonable use
   34  and enjoyment of land, including, but not limited to, noise,
   35  smoke, odors, dust, fumes, particle emissions, or vibration. The
   36  term also includes all claims that meet the requirements of this
   37  definition, regardless of whether the plaintiff designates those
   38  claims as brought in nuisance, negligence, trespass, personal
   39  injury, strict liability, or other tort.
   42         (a) No farm operation which has been in operation for 1
   43  year or more since its established date of operation and which
   44  was not a nuisance at the time of its established date of
   45  operation shall be a public or private nuisance if the farm
   46  operation conforms to generally accepted agricultural and
   47  management practices, except that the following conditions shall
   48  constitute evidence of a nuisance:
   49         1. The presence of untreated or improperly treated human
   50  waste, garbage, offal, dead animals, dangerous waste materials,
   51  or gases which are harmful to human or animal life.
   52         2. The presence of improperly built or improperly
   53  maintained septic tanks, water closets, or privies.
   54         3. The keeping of diseased animals which are dangerous to
   55  human health, unless such animals are kept in accordance with a
   56  current state or federal disease control program.
   57         4. The presence of unsanitary places where animals are
   58  slaughtered, which may give rise to diseases which are harmful
   59  to human or animal life.
   60         (b) No farm operation shall become a public or private
   61  nuisance as a result of a change in ownership, a change in the
   62  type of farm product being produced, a change in conditions in
   63  or around the locality of the farm, or a change brought about to
   64  comply with best management practices adopted by local, state,
   65  or federal agencies if such farm has been in operation for 1
   66  year or more since its established date of operation and if it
   67  was not a nuisance at the time of its established date of
   68  operation.
   69         (c)A farm may not be held liable for nuisance unless the
   70  plaintiff proves by clear and convincing evidence that the claim
   71  arises out of conduct that did not comply with state or federal
   72  environmental laws, regulations, or best management practices.
   73         (d)A nuisance action may not be filed against a farm
   74  operation unless the real property affected by the conditions
   75  alleged to be a nuisance is located within one-half mile of the
   76  source of the activity or structure alleged to be a nuisance.
   77         (7)COMPENSATORY DAMAGES.—When the alleged nuisance
   78  emanated from a farm operation, the compensatory damages that
   79  may be awarded to a plaintiff for a private nuisance action must
   80  be measured by the reduction in the fair market value of the
   81  plaintiff’s property caused by the nuisance, but may not exceed
   82  the fair market value of the property.
   83         (8)PUNITIVE DAMAGES.Any punitive damages claim in a
   84  nuisance action brought against a farm is subject to ss. 768.71
   85  through 768.81. Additionally, a plaintiff may not recover
   86  punitive damages in a nuisance action against a farm unless:
   87         (a)The alleged nuisance is based on substantially the same
   88  conduct that was subject to a civil enforcement judgment or
   89  criminal conviction; and
   90         (b)The conviction or judgment occurred within 3 years of
   91  the first action forming the basis of the nuisance action.
   93  plaintiff who fails to prevail in a nuisance action based on a
   94  farm operation that has been in existence for 1 year or more
   95  before the date that the action was instituted and that conforms
   96  with generally accepted agricultural and management practices or
   97  state and federal environmental laws is liable to the farm for
   98  all costs, fees, and expenses incurred in defense of the action.