2019 Legislature                                    CS for SB 82
    2         An act relating to vegetable gardens; creating s.
    3         604.71, F.S.; providing legislative intent;
    4         prohibiting local governments from regulating
    5         vegetable gardens on residential properties except as
    6         otherwise provided by law; specifying that such
    7         regulations are void and unenforceable; specifying
    8         exceptions; providing applicability; defining the term
    9         “vegetable garden”; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Section 604.71, Florida Statutes, is created to
   14  read:
   15         604.71Local regulation of vegetable gardens.—
   16         (1)The Legislature intends to encourage the development of
   17  sustainable cultivation of vegetables and fruits at all levels
   18  of production, including for personal consumption, as an
   19  important interest of the state.
   20         (2)Except as otherwise provided by law, a county,
   21  municipality, or other political subdivision of this state may
   22  not regulate vegetable gardens on residential properties. Any
   23  such local ordinance or regulation regulating vegetable gardens
   24  on residential properties is void and unenforceable.
   25         (3)This section does not preclude the adoption of a local
   26  ordinance or regulation of a general nature that does not
   27  specifically regulate vegetable gardens, including, but not
   28  limited to, regulations and ordinances relating to water use
   29  during drought conditions, fertilizer use, or control of
   30  invasive species.
   31         (4) As used in this section, the term “vegetable garden”
   32  means a plot of ground where herbs, fruits, flowers, or
   33  vegetables are cultivated for human ingestion.
   34         Section 2. This act shall take effect July 1, 2019.