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Florida Statewide Rule

Florida Right to Farm Act Shields Established Farms

Few RestrictionsApplies statewide across Florida (2026)

Key Facts

Statute
FS 823.14 protects farm operations
Presumption
One-year operation creates nuisance presumption
Local Bans
Ordinances limiting ag practices barred
Plaintiff Proximity
Must reside within half mile
Claim Timeline
Must file within one year of start
Last verified: September 5, 2026Source: Florida Senate

Summary

Florida Statute 823.14, the Florida Right to Farm Act, protects established bona fide farm operations from nuisance suits and local ordinances that would inhibit standard agricultural practices conducted in good faith.

No farm operation which has been in operation for 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 operation conforms to generally accepted agricultural and management practices, except that the following conditions shall constitute evidence of a nuisance:

Source: Florida SenateView official code

Full Breakdown

Section 823.14, Florida Statutes, declares that established agricultural production conducted on a bona fide farm is presumed reasonable and not a nuisance once it has been in operation for one year or more, provided it complies with generally accepted agricultural practices and laws. The statute also bars local governments from adopting ordinances that prohibit, restrict, regulate, or otherwise limit a bona fide farm operation on land classified as agricultural under Section 193.461. The 2021 amendments (SB 88) tightened the rules for suing farms: plaintiffs must be within a half mile of the source, prove their claims by clear and convincing evidence, and sue within a year of the challenged activity beginning or changing.

Violations & Penalties

Nuisance suits and local ordinances inconsistent with FS 823.14 may be dismissed or invalidated, with prevailing farms entitled to attorney fees in some cases.

Frequently Asked Questions

What does Florida's Right to Farm Act do?
FS 823.14 protects established farms from nuisance suits and local ordinances that would limit generally accepted agricultural practices.
Can neighbors sue a Florida farm for noise or odor?
Only within tight limits. Under the 2021 amendments they must live within a half mile, prove their case by clear and convincing evidence, and sue within a year of the activity starting or changing.
Can a city zone away an existing farm?
Generally no. Local ordinances cannot prohibit or unduly restrict bona fide farm operations on agriculturally classified land under FS 823.14.

Sources

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