The Community Planning Act of 2011 changed how Florida plans for growth. Before that, the state had a strict top-down approach to planning. The new law gives more freedom to local communities to make their own plans. This has helped urban agriculture grow in Florida. In the past, old laws made it hard to have farms in cities. But with the new law, it’s easier for cities to have farms and gardens. This is important because Florida is losing a lot of its farmland to new development. The new law helps cities make better plans for using their land and also helps make sure that everyone has access to fresh, healthy food. The Public Nuisance Law originates from concerns about activities that cause damage, injury, or emotional harm to people on their property. It led to the creation of zoning laws to separate different types of land use, like residential and agricultural, in the 20th century. However, strict zoning can lead to the loss of farmland. In Florida, zoning laws also originated from nuisance abatement, with the state having broad discretion to prevent or abate nuisances. The state also has comprehensive planning legislation requiring local governments to create plans consistent with state requirements to manage growth and development. Governor Bob Graham initiated a tiered system of planning with state, regional, and local plans in the 1980s. In 1985, the Growth Management Act expanded land use programs, requiring local government plans to be consistent with state standards. However, in 2011, the legislature made significant changes, eliminating the Department of Community Affairs and loosening development requirements. This shift was due to conflicts between the former department’s enforcement of the act and newer legislative goals. The changes made public infrastructure requirements for new development optional for local governments and focused on more market-based indicators, while limiting state agency involvement in plan amendments. In Florida, there was a court case about a marina in a city. The court had to decide if the marina was causing problems for the people living there. The decision showed that planning and zoning laws can consider whether something is a nuisance. In Florida, there are also laws to protect farms from being called a nuisance by people who move in near the farm. There’s also a law that lets farms surrounded by developments become residential or commercial areas. Some people are worried that this law might hurt productive farmland. In 2004, the legislature passed a bill called S.B. 1712, but Governor Jeb Bush vetoed it because he was worried it would lead to farmland being turned into developments. Then in 2006, the legislature passed the Agricultural Enclave Development Act, which the governor signed into law. This law allows certain farmland to be converted into other uses under specific conditions. Local governments in Florida have the power to make their own rules for zoning and permitting, as long as they don’t conflict with state laws and serve a valid municipal purpose. This means that cities can create their own regulations for things like urban agriculture, such as allowing backyard chickens and gardens. Some cities, like Jacksonville and Orlando, have established pilot programs to test out these new rules, and others, like Tampa and Pinellas County, have already adopted ordinances allowing backyard chickens in residential areas. Overall, these changes can improve the quality of life in city cores and better meet the needs of local residents. Urban agriculture, like backyard chicken programs and front yard gardens, is becoming more popular in some areas. However, not all local governments are on board with this idea due to concerns about noise, odor, and disease. Traditional zoning laws focused on development, but now there’s more flexibility for urban agriculture. It can help the local economy and the environment, and it provides a reliable local food source. This type of growth is important for sustainable urban development. This passage talks about the history of zoning laws in the United States. It explains that these laws are important for regulating where different types of buildings can be built to avoid creating problems for the people who live there. The passage also mentions the ideas of Jane Jacobs, who believed that having a mix of different kinds of buildings in a city can actually be a good thing. Overall, the passage is about the rules that cities have for where buildings can be built and how those rules have changed over time. A study showed that urban sprawl is taking away good farmland at a fast rate in the US. A court case in 1951 struck down a zoning law that was too strict. Another court case in 2010 referred to a law that said pollution laws are not the only way to stop public nuisances. There have been laws passed in Florida to manage growth and plan for the environment. In 1984, Florida passed a law called the State and Regional Planning Act, which aimed to manage the state’s growth and development. However, in 2011, the law was changed to focus more on helping businesses and less on centralized planning. This led to a legal case about a marina’s expansion, where the court ruled in favor of the marina. There are also laws in Florida that support agriculture and its importance to the state. Basically, some people think that Senate Bill 1712 is too vague and could lead to a lot of farmland being turned into cities, which could be bad for the environment. Governor Jeb Bush vetoed the bill, and there are rules in the Florida constitution that give cities a lot of power to make their own decisions, as long as they’re not breaking any laws. The article discusses the debate over whether to allow chickens in backyard in different Florida cities. Some cities, like Orlando, have expanded their backyard chicken programs, while others, like Orange County and Port Orange, have voted against it. There is also a mention of a lawsuit against Miami Shores for ordering a couple to remove their vegetable garden. The authors are experts in agricultural law and thank someone for their help in writing the article. It was submitted by the City, County and Local Government Section.
Source: https://www.floridabar.org/the-florida-bar-journal/florida-nuisance-law-and-urban-agriculture/
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