Davie, FL Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Protection trigger
- 1+ year of lawful operation
- Governing sections
- Davie Code §§ 12-33(U), 12-34(B)(8)
- State law referenced
- Fla. Right to Farm Act, F.S. § 823.14
- Exceptions
- Untreated waste, diseased animals
Summary
Established farm operations in the Town of Davie can't be declared a public or private nuisance once they've run lawfully for a year, and Section 12-34(B)(8) confirms the town won't regulate what Florida's Right to Farm Act already preempts.
No farm operation which has been in operation for one (1) year or more since its established date of operation and which was not a nuisance at the time of its established date of operation shall be a public or private nuisance if the farm conforms to generally accepted agricultural and management practices, except that the following conditions shall constitute evidence of a nuisance:a.The presence of untreated or improperly treated human waster, garbage, offal, dead animals, dangerous waste materials, or gases which are harmful to human or animal life.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 75).
Full Breakdown
Section 12-33(U)(1) protects any farm operation running one year or more that wasn't a nuisance when it started, so long as it follows generally accepted agricultural practices, with narrow exceptions for untreated waste, failed septic systems, diseased animals, and unsanitary slaughter areas. Section 12-33(U)(2) extends that shield through changes in ownership, product type, or surrounding conditions. Section 12-34(B)(8)(a) further states the town does not intend to regulate agricultural activity preempted by Florida's Right to Farm Act, F.S. § 823.14, for bona fide farm operations on agricultural-classified land following state or regional best-management practices.
Violations & Fines
The nuisance shield does not cover untreated human or animal waste, improperly maintained septic systems, diseased animals kept outside a disease-control program, or unsanitary slaughter areas: those remain enforceable nuisances even against a protected farm.
Frequently Asked Questions
Can a neighbor sue my long-running Davie farm as a nuisance?
Does Davie regulate farm practices the state already covers?
Sources & Official References
Other rules in Davie
Florida rules heatmap·Compare Davie to another location·View the Florida right to farm overview
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