Miami-Dade County, FL Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Trigger
- AU-zoned or AU-adjacent land
- Form
- Signed statement + recorded deed notice
- State law cited
- Fla. Stat. § 823.14
- Enforcement
- County Code §§ 33-39: 33-39.3
Summary
Sellers of AU-zoned or AU-adjacent land in Miami-Dade County must give buyers a signed statement warning that farm activity nearby is lawful and may be shielded from nuisance suits under Florida's Right to Farm Act.
LAND INVOLVED IN THIS TRANSACTION IS ZONED AGRICULTURAL (AU) OR LIES ADJACENT TO LAND THAT IS ZONED AU, OR IS DESIGNATED FOR AGRICULTURAL USE...AGRICULTURAL ACTIVITIES WHICH MAY BE LAWFULLY CONDUCTED WITHIN THIS AREA INCLUDE BUT MAY NOT BE LIMITED TO CULTIVATION AND HARVESTING OF CROPS...GENERATION OF TRACTOR AND TRUCK TRAFFIC AND OF NOISE, ODORS, DUST AND FUMES ASSOCIATED WITH THE CONDUCT OF THE FOREGOING ACTIVITIES...SUCH AGRICULTURAL ACTIVITIES MAY BE PROTECTED FROM NUISANCE SUITS BY THE "FLORIDA RIGHT TO FARM ACT," SECTION 823.14, FLORIDA STATUTES.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 135).
Full Breakdown
County Code § 33-284.1 requires anyone selling 'Affected land', land zoned AU, designated Agriculture, or abutting an AU parcel, to hand the purchaser a separate, signed disclosure before closing. The statement warns that cultivation, livestock, spraying, tractor traffic, noise, odors, dust and fumes are lawful farm activity that 'may be protected from nuisance suits' under the Florida Right to Farm Act, Fla. Stat. § 823.14. A notarized acknowledgment must also be recorded on the deed with the Clerk of Court. The rule applies countywide wherever AU zoning or adjacency exists, inside or outside the Urban Development Boundary.
Violations & Fines
A seller who fails to deliver or record the disclosure faces the civil penalties, civil liability and attorney's fees set out in County Code §§ 33-39: 33-39.3; the County is not liable for a seller's noncompliance.
Frequently Asked Questions
Does Miami-Dade County itself ban farm nuisance lawsuits?
Who must give the disclosure?
Sources & Official References
Other rules in Miami-Dade County
Florida rules heatmap·Compare Miami-Dade County to another location·View the Florida right to farm overview
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