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Currents
June 2019
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Tue., June 4, 2019 National Cheese Day
“Senators, ‘lettuce’ all support this good bill,”
Bradley said, causing Fort Lauderdale Democrat
Sen. Perry Thurston sitting in the row behind him to
chuckle.
A garden in the front yard of David Copp's home
located in Tallahassee, Fla. Thursday, March 14,
2019. (Photo: Alicia Devine/Tallahassee Democrat)
But Bradley was deadly serious about the meas-
ure, which he introduced after a Florida appellate
court upheld a ruling that Miami Shores could pro-
hibit residents from growing vegetables in their front
yards and fine them if they violate that ordinance.
“The law of the land right now is local govern-
ments do in fact have this power to go onto a per-
son’s property where they are growing food for them-
selves and tell them to stop, and if they don’t, fine
them,” Bradley said. “That offends me to my core, in
that it’s a basic freedom to do what this bill protects.”
If local government overreach is upheld by the
court, then it is the Legislature’s responsibility to step
in and act if it believes such a rule is not in keeping
with the state or federal constitution, he said.
But not everyone agrees. Cities believe there will
be unintended consequences as the bill would erode
the line between personal gardening and farming.
“We’re in opposition to preemption as a general
rule, especially when it is replaced with nothing,” said
David Cruz, deputy general counsel of the Florida
League of Cities. “No regulations in their place
means someone could have a commercial level farm
operation as long as they’re growing something for
human consumption. There is no limitation in the
bill.”
The bill also would render void local ordinances
crafted as compromises between people opposed to
suburban or urban farming and those who want to do
whatever they want, Cruz said.
Orlando, for example, created an ordinance that
was a compromise in that it allows 60 percent of
homeowner’s property to be planted with vegetables.
“Unfortunately, Bradley’s bill would void that
measure,” Cruz said.
The League will continue to monitor the bill, he
added, keeping in mind that Bradley is chairman of
the powerful Senate Appropriations Committee.
Sen. Bobby Powell, D-West Palm Beach, raised a
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