CS/CS/HB 1601 - Florida Right to Farm Act

• Amends Florida's Right to Farm Act to prohibit farms from nuisance liability if they have operated for 1+ years, were not a nuisance at inception, and conform to generally accepted agricultural practices, except for specific conditions involving untreated waste, diseased animals, or unsanitary slaughtering facilities.

• Requires plaintiffs to prove farm nuisance claims by clear and convincing evidence that conduct violated state or federal environmental laws, regulations, or best management practices.

• Restricts nuisance actions to properties located within one-half mile of the alleged source and limits compensatory damages to the reduction in fair market value of the plaintiff's property, capped at the property's fair market value.

• Prevents punitive damages recovery unless the nuisance is based on conduct subject to a civil enforcement judgment or criminal conviction that occurred within 3 years of the action.

• Makes unsuccessful plaintiffs liable for all costs, fees, and expenses incurred by farms in defending nuisance actions when the farm has operated 1+ years and conformed with applicable practices and laws; effective July 1, 2021.