Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 88
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2021           .                                

       The Committee on Rules (Brodeur) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 122 - 158
    4  and insert:
    5         (f)“Nuisance” means any interference with reasonable use
    6  and enjoyment of land, including, but not limited to, noise,
    7  smoke, odors, dust, fumes, particle emissions, or vibration. The
    8  term also includes all claims that meet the requirements of this
    9  definition, regardless of whether the plaintiff designates those
   10  claims as brought in nuisance, negligence, trespass, personal
   11  injury, strict liability, or other tort.
   14         (a) No farm operation which has been in operation for 1
   15  year or more since its established date of operation and which
   16  was not a nuisance at the time of its established date of
   17  operation shall be a public or private nuisance if the farm
   18  operation conforms to generally accepted agricultural and
   19  management practices, except that the following conditions shall
   20  constitute evidence of a nuisance:
   21         1. The presence of untreated or improperly treated human
   22  waste, garbage, offal, dead animals, dangerous waste materials,
   23  or gases which are harmful to human or animal life.
   24         2. The presence of improperly built or improperly
   25  maintained septic tanks, water closets, or privies.
   26         3. The keeping of diseased animals which are dangerous to
   27  human health, unless such animals are kept in accordance with a
   28  current state or federal disease control program.
   29         4. The presence of unsanitary places where animals are
   30  slaughtered, which may give rise to diseases which are harmful
   31  to human or animal life.
   32         (b) No farm operation shall become a public or private
   33  nuisance as a result of a change in ownership, a change in the
   34  type of farm product being produced, a change in conditions in
   35  or around the locality of the farm, or a change brought about to
   36  comply with best management practices adopted by local, state,
   37  or federal agencies if such farm has been in operation for 1
   38  year or more since its established date of operation and if it
   39  was not a nuisance at the time of its established date of
   40  operation.
   41         (c)A farm may not be held liable for nuisance unless the
   42  plaintiff proves by clear and convincing evidence that the claim
   43  arises out of conduct that did not comply with state or federal
   44  environmental laws, regulations, or best management practices.
   46  ================= T I T L E  A M E N D M E N T ================
   47  And the title is amended as follows:
   48         Delete lines 4 - 6
   49  and insert:
   50         and redefining terms; prohibiting farms from being
   51         held liable for nuisance except under certain