How many critters fit in a 2 horse Calico Slant load Trailor..

[greeneggsandham]

Quote:
After 16 years you would think one would be grandfathered in. I wonder if you can take any action against the agent after so many years? I would have been ticked beyond belief if this happened to me.

 

[FireTigeris]

FL right to farm act... after three years you cant be a 'nuisance'- but that cant help for 'pollution'. You could demand an e-coli test and pay the $35 for the variance.

http://www.floridaplanning.org/conf..._Development/Florida Right-to-Farm Act PP.pdf

http://edis.ifas.ufl.edu/fe599

How Does the FRTFA Restrict Nuisance Lawsuits?

The FRTFA [Florida Statutes, Section 823.14] restricts nuisance suits against farmers by providing that farm operations which have been in operation for a year or more since they were started, and which were not nuisances when they were established, will not constitute a public or private nuisance if the farm operations conform to generally accepted agricultural and management practices.

The provisions of the FRTFA are not affected by change of ownership, changes in the farm product(s) being produced, changes in the conditions in or around the locality of the farm, or those changes brought by compliance with the Best Management Practices (BMPs) adopted by local, state, or federal agencies.

In addition, FRTFA provides that local governments may not adopt any rules or ordinances which restrict or limit a bona fide farming activity that is conducted on agricultural lands in accordance with implemented BMPs.

Expansion of farm operations within the original boundaries of the farm, and expansion of the farms land boundaries do not strip the farm operation of its previous date of operation.
What Does the FRTFA Require and Prohibit?

The FRTFA requires that farm operations be reasonable, by conforming to generally accepted agricultural and management practices, in order to be protected from nuisance lawsuits. However, the FRTFA does not extend protection to farming operations in which the following are found:

*

Untreated or improperly treated human waste, garbage, dead animals, dangerous waste materials, or gases which are hazardous to human or animal life.
*

Improperly built or maintained septic tanks, indoor or outdoor toilets, or showers.
*

Unsanitary conditions in places where animals are slaughtered, which may give rise to diseases that are harmful to humans or animals.
*

Keeping of diseased animals which are dangerous to human health, unless they are kept in accordance with a state or federal disease control program.

FRTFA also prohibits an existing farm operation from changing to a more excessive farm operation with regard to noise, odor, dust, or fumes where the farm operation is adjacent to an established residence or a business.

Furthermore, FRTFA does not give the farmer a license to violate the principles of negligence or nuisance law, or to pollute the environment. Contaminating water wells or misapplying pesticides (pesticide drift onto neighboring properties) will still open the farmer up to a potential lawsuit.

Non-point source pollution (runoff) from farms, especially farms in which the above four conditions are found, can cause bacteria, nutrients such as phosphorus, and other substances to enter and contaminate surface waters. Groundwater can also be contaminated by seepage from farms. This can lead to violations, liability, and penalties under several of the acts and programs discussed in this handbook, unless the appropriate measures are taken to reduce the amount of contaminates that enter the water, such as storing and managing facility wastewater and runoff with an appropriate waste management system.

For more information regarding farmers rights under the Florida Right-to-Farm Act and other acts, please contact the Florida Department of Agriculture and Consumer Services.

I'd fight this for now- I'd especially know (hand out to all of my neighbors) a print out of ALL the FLRTFA so that they think its too bad and drop the complaints.​