New Law - Vegetable Home Gardens NOT OK

[Bogie Shooter]

Members of the Amenity Authority Committee learned at their meeting on Wednesday that a new Florida law that permits vegetable gardens in residential front yards won't affect community standards in The Villages. Lewis Stone, the AAC's attorney, said he and Valerie Fuchs, who represents the numbered Village Community Development Districts, concluded deed restrictions that Villagers agreed to in their purchase contract supersedes the new law. (Full report in Thursday August 8, 2019 Daily Sun Section C.Page C-4).

[eyc234]

That is too bad, I would much rather put water on something of value that waste it on a green dog toilet.

[graciegirl]

I am thinking that the issue will be resolved to the status quo. The new Representative Hage has close ties to The Villages and this area.

Florida Representative Brett Thomas Hage (R) | LobbyTools (https://public.lobbytools.com/legislators/702)

[Chi-Town]

I never thought the front yard garden was ever going to happen. So now we can stick a fork in it (pun intended).

Sent from my SM-N960U using Tapatalk

[Nucky]

Sorry to hear that. We Just put in two rows of Corn and one row of Tomatoes. Oh Well! Green Acres Opening and Closing Credits and Theme Song - YouTube (https://youtu.be/hwbhFw2_ITM) :1rotfl: :ho:

[Arctic Fox]

...deed restrictions that Villagers agreed to in their purchase contract supersedes the new law.

I suspect that much of what people might choose to plant is not covered by the deed restrictions anyway.

Will have to dig ours out and see what they say.

[ColdNoMore]

There are a LOT of people/entities, "that have the intelligence and the wherewithal"...to hire good legal advice. :oops:


Which is why the legal and court system exists...in the first place. :ohdear:


We will simply have to wait to see...who ultimately prevails. :popcorn:

[OrangeBlossomBaby]

I suspect that much of what people might choose to plant is not covered by the deed restrictions anyway.

Will have to dig ours out and see what they say.

Yeah I checked the deed restrictions and community guidelines for my area and didn't see a thing about not being allowed to grow vegetables in the flower bed.

There are height restrictions, border restrictions, decoration restrictions, fencing restrictions, and "exotic" "invasive" and "non-Florida-friendly" restrictions.

So basically if I wanted to grow tomatoes, bananas, raspberries, basil, oregano, rosemary, mint, cabbage, and eggplant, there's nothing in the restrictions saying that I can't. The herbs would have to be in pots since they would be considered "invasive" otherwise.

[Mikeod]

Keeping in mind that this is simply an 'opinion' of attorneys paid by Da Family...we shall see, we shall see. :D


Given that the state law arose from extremely similar 'local' circumstances, it will be interesting to watch... the outcome of the first lawsuit.


I'm guessing that Morse's lawyers were confident that they would prevail on another lawsuit, right up until that is...he had to write that $40M check. :popcorn:

Nope, it’s not just an opinion. The author of the bill, Rep. Hage, confirmed that it is not the intent of the law to affect voluntarily agreed upon restrictions and that the deed restrictions every one signed (except perhaps those on the historic side) fall into that category. He intends to introduce language more specifically addressing that distinction in the next session.

[Bogie Shooter]

Yeah I checked the deed restrictions and community guidelines for my area and didn't see a thing about not being allowed to grow vegetables in the flower bed.

There are height restrictions, border restrictions, decoration restrictions, fencing restrictions, and "exotic" "invasive" and "non-Florida-friendly" restrictions.

So basically if I wanted to grow tomatoes, bananas, raspberries, basil, oregano, rosemary, mint, cabbage, and eggplant, there's nothing in the restrictions saying that I can't. The herbs would have to be in pots since they would be considered "invasive" otherwise.

I think in your area there are no restrictions.

[eyc234]

Oh pishaw, deed restrictions, shmeed restrictions. You would have to be turned in by neighbors and if you are feeding them wonderful fresh veggies you probably will not get any complaints. Besides the restrictions do not matter too much, have seen hedges higher and longer than the Great Wall of China. We don't need no stinking money for a wall, we just need some of our outstanding gardeners from TV and all is solve!!!

[Nucky]

I think in your area there are no restrictions.

There are some lightly worded restrictions from the Original Days before the founders realized this place was going to get so big.

As bad as some think The Historic Section is decoration wise that is really not true. There is an occasional house that is just unbelievable in its disregard for socially acceptable outdoor decor. I think the lack of "Rules" and the consideration for thy neighbor keeps our Hood Nice.

I asked our next-door neighbor about yard farming together but definitely tastefully and small only in between both houses. Looks like we're in business. Just something for fun. :ho:

There is one house that has a Blue driveway. It is the biggest, ugliest shot at a neighbor I've ever seen anywhere. It has to be a joke. A very bad one, this is the kind of thing that gives us a bad reputation. I'll bet you 98 out of 100 people would agree with me and the other 2 are lying, it's rough. Needs some rows of Corn up the Driveway to cover the view! :ohdear:

[OrangeBlossomBaby]

There are some lightly worded restrictions from the Original Days before the founders realized this place was going to get so big.

As bad as some think The Historic Section is decoration wise that is really not true. There is an occasional house that is just unbelievable in its disregard for socially acceptable outdoor decor. I think the lack of "Rules" and the consideration for thy neighbor keeps our Hood Nice.

I asked our next-door neighbor about yard farming together but definitely tastefully and small only in between both houses. Looks like we're in business. Just something for fun. :ho:

There is one house that has a Blue driveway. It is the biggest, ugliest shot at a neighbor I've ever seen anywhere. It has to be a joke. A very bad one, this is the kind of thing that gives us a bad reputation. I'll bet you 98 out of 100 people would agree with me and the other 2 are lying, it's rough. Needs some rows of Corn up the Driveway to cover the view! :ohdear:

Chip in and offer to pay for decorative designs painted in festive magenta on that driveway to break up all that blue! C'mon, have a heart and be a good neighbor!

[papasetti82]

:clap2:There are some lightly worded restrictions from the Original Days before the founders realized this place was going to get so big.

As bad as some think The Historic Section is decoration wise that is really not true. There is an occasional house that is just unbelievable in its disregard for socially acceptable outdoor decor. I think the lack of "Rules" and the consideration for thy neighbor keeps our Hood Nice.

I asked our next-door neighbor about yard farming together but definitely tastefully and small only in between both houses. Looks like we're in business. Just something for fun. :ho:

There is one house that has a Blue driveway. It is the biggest, ugliest shot at a neighbor I've ever seen anywhere. It has to be a joke. A very bad one, this is the kind of thing that gives us a bad reputation. I'll bet you 98 out of 100 people would agree with me and the other 2 are lying, it's rough. Needs some rows of Corn up the Driveway to cover the view! :ohdear:

I saw that UGLY Blue driveway off of Delmar,at least I hope that's the only one.I would much rather see tomatoes or any vegetable than Plastic windmills and flowers.

[Bigben007]

Oh please, no!! I don't want to live in Green Acres

[blueash]

Nope, it’s not just an opinion. The author of the bill, Rep. Hage, confirmed that it is not the intent of the law to affect voluntarily agreed upon restrictions and that the deed restrictions every one signed (except perhaps those on the historic side) fall into that category. He intends to introduce language more specifically addressing that distinction in the next session.

Looking at the history of this legislation it was first introduced into the FL Senate by Sen. Bradley in Nov 2018. A companion bill was introduced in the Fl House by Federoff in Jan 2019. While Hage did vote for the bill he does not seem to have written it. Nor, of course, is his opinion of what it says binding. The interpretation of the law is by the judicial system. You can read the analysis of the effect of this law prepared for the legislature

County and municipal governments have authority to enact ordinances that are not inconsistent with general law. The Legislature may preempt to the state the regulation of particular subject areas for the purpose of uniformity and promoting important state interests.

The bill prohibits the regulation of vegetable gardens on residential property by a county, municipality, or other political subdivision of the state, except as otherwise provided by law. The bill defines a vegetable garden as a plot of ground where herbs, fruits, flowers, and vegetables are cultivated for human ingestion. The bill declares void and unenforceable existing ordinances or regulations governing vegetable gardens on residential property. The provisions of the bill do not apply to general regulations not specifically regulating vegetable gardens, such as water use limits during droughts, fertilizer use, or the control of invasive species.

The bill has no fiscal impact on state government. The bill may have a negative fiscal impact on local governments to the extent those governments are assessing fines for violations of ordinances prohibiting vegetable gardens.

The bill has an effective date of July 1, 2019.


My reading of this, and I am most assuredly not a lawyer, is that local government cannot restrict fruit/vegetable gardens without an extremely good reason. And deed restrictions are not going to cut it. The reason this law was written was because some local communities were restricting and fining Floridians for having vegetable gardens. The state legislature has pre-empted the local government's authority on this issue.

[ColdNoMore]

Nope, it’s not just an opinion. The author of the bill, Rep. Hage, confirmed that it is not the intent of the law to affect voluntarily agreed upon restrictions and that the deed restrictions every one signed (except perhaps those on the historic side) fall into that category. He intends to introduce language more specifically addressing that distinction in the next session.

Yep, it really is JUST an opinion, until such time as the first case...winds its way entirely through the legal system. :ho:

[ColdNoMore]

Looking at the history of this legislation it was first introduced into the FL Senate by Sen. Bradley in Nov 2018. A companion bill was introduced in the Fl House by Federoff in Jan 2019. While Hage did vote for the bill he does not seem to have written it. Nor, of course, is his opinion of what it says binding. The interpretation of the law is by the judicial system. You can read the analysis of the effect of this law prepared for the legislature

My reading of this, and I am most assuredly not a lawyer, is that local government cannot restrict fruit/vegetable gardens without an extremely good reason. And deed restrictions are not going to cut it. The reason this law was written was because some local communities were restricting and fining Floridians for having vegetable gardens. The state legislature has pre-empted the local government's authority on this issue.

Excellent post...thanks! :thumbup:

[Nucky]

Chip in and offer to pay for decorative designs painted in festive magenta on that driveway to break up all that blue! C'mon, have a heart and be a good neighbor!

It's really something else, but luckily it's not around us. I would never put the address as that is just wrong. I wouldn't report it either.

The majority of a whole lot of neighborhood that I am familiar with are full of great people with an occasional Nudge sprinkled in just like the rest of the world. Who cares? The fight is over of course if your Dog has a problem on our lawn then it's on! :1rotfl:

I can't get that damn Green Acres Song outta my head. LOL :)

[justjim]

What reasonable person would want a garden in their front yard instead of their backyard?

[OrangeBlossomBaby]

Yeah this part here:
The bill declares void and unenforceable existing ordinances or regulations governing vegetable gardens on residential property. doesn't really need to be interpreted. It's plain English. The Villages cannot forbid vegetable gardens on a residential property.

It CAN still restrict water useage, types of fertilizers, and it still CAN restrict the types of vegetation -such as invasive species (which is also clearly worded in plain English in the next sentence of the law).

So, if corn requires certain water useage and fertilization that more Florida-friendly plants don't need, the Villages can say "sure, plant that corn, just don't water it, and don't fertlize it." You won't get much corn out of it, but you're allowed to try. Cabbages, crucifers, beets, peppers, would probably do much better, and can be grown organically, be a decorative asset to the flower bed. Most of those are very low-growing as well, can can grow in dense clusters, which serves as excellent ground cover (which is very good for the soil) and fill-ins between flowering herbs - and those tend to keep insects away and attract honeybees and hummingbirds.

[OrangeBlossomBaby]

What reasonable person would want a garden in their front yard instead of their backyard?

Most people I know have gardens in their front yards. Some of those plants are vegetables, some herbs, and most of them are flowers and decorative grasses.

Some people don't get enough sun in their back yards to grow vegetables, which typically need a lot of it. Tomatoes don't grow well at all in the shade so if the only place you get full sun for most of the day is your front yard, then that's where you'll be growing your tomatoes.

[Topspinmo]

Yeah this part here:
doesn't really need to be interpreted. It's plain English. The Villages cannot forbid vegetable gardens on a residential property.

It CAN still restrict water useage, types of fertilizers, and it still CAN restrict the types of vegetation -such as invasive species (which is also clearly worded in plain English in the next sentence of the law).

So, if corn requires certain water useage and fertilization that more Florida-friendly plants don't need, the Villages can say "sure, plant that corn, just don't water it, and don't fertlize it." You won't get much corn out of it, but you're allowed to try. Cabbages, crucifers, beets, peppers, would probably do much better, and can be grown organically, be a decorative asset to the flower bed. Most of those are very low-growing as well, can can grow in dense clusters, which serves as excellent ground cover (which is very good for the soil) and fill-ins between flowering herbs - and those tend to keep insects away and attract honeybees and hummingbirds.

I highly doubt anybody will plant corn? IMO tomato’s taste like crap in this area. About the only thing that’s tastes are peppers at least till the white flies kill all the leaves. I also doubt anybody will be planting in their front yards. Most yards are full to trash left over from the building and poor soil on top of that. You can water with garden hose all you want by hand.

[justjim]

Most people I know have gardens in their front yards. Some of those plants are vegetables, some herbs, and most of them are flowers and decorative grasses.

Some people don't get enough sun in their back yards to grow vegetables, which typically need a lot of it. Tomatoes don't grow well at all in the shade so if the only place you get full sun for most of the day is your front yard, then that's where you'll be growing your tomatoes.

With all due respect are you talking about in The Villages? I use to have a garden prior to retirement and coming to The Villages but wouldn’t think about growing one in my front yard here. We are a deed restricted community and for the most part we have “small” yards in TV. A garden like I use to grow would look completely out of place in The Villages in my front yard. And there is always the local farmers market or Publix which is 5 minutes away by golf cart. Reasonable people can disagree but I don’t believe the intent of the legislation was to over-ride deed restrictions like we have in The Villages.

[OrangeBlossomBaby]

With all due respect are you talking about in The Villages? I use to have a garden prior to retirement and coming to The Villages but wouldn’t think about growing one in my front yard here. We are a deed restricted community and for the most part we have “small” yards in TV. A garden like I use to grow would look completely out of place in The Villages in my front yard. And there is always the local farmers market or Publix which is 5 minutes away by golf cart. Reasonable people can disagree but I don’t believe the intent of the legislation was to over-ride deed restrictions like we have in The Villages.

Those deed restrictions HAVE BEEN overridden by law. That's what this thread is about. Those deed restrictions are no longer enforceable. By the way the deed restrictions about clotheslines were never enforceable, and the ones about antennae and aerials haven't been enforceable in over 20 years (which is why you see a lot of satellite dishes on top of the houses and no one forcing anyone to take them down).

I was responding to your post which asked "what reasonable person would plant a garden in their front yard?" You didn't clarify - you didn't ask about vegetable garden, you didn't ask "in the Villages." I tend to take things literally unless the person gives some indication that they're joking. If you had posted what you actually meant, I probably would not have responded as I did.

[graciegirl]

Those deed restrictions HAVE BEEN overridden by law. That's what this thread is about. Those deed restrictions are no longer enforceable. By the way the deed restrictions about clotheslines were never enforceable, and the ones about antennae and aerials haven't been enforceable in over 20 years (which is why you see a lot of satellite dishes on top of the houses and no one forcing anyone to take them down).

I was responding to your post which asked "what reasonable person would plant a garden in their front yard?" You didn't clarify - you didn't ask about vegetable garden, you didn't ask "in the Villages." I tend to take things literally unless the person gives some indication that they're joking. If you had posted what you actually meant, I probably would not have responded as I did.

Not so fast. Wait and see. You are safe, no deed restriction about this stuff where you live. I'd check before I grew Pot though. (But Pappy's workin' on it) For the people, you know.

[Bogie Shooter]

Those deed restrictions HAVE BEEN overridden by law. That's what this thread is about. Those deed restrictions are no longer enforceable. By the way the deed restrictions about clotheslines were never enforceable, and the ones about antennae and aerials haven't been enforceable in over 20 years (which is why you see a lot of satellite dishes on top of the houses and no one forcing anyone to take them down).

I was responding to your post which asked "what reasonable person would plant a garden in their front yard?" You didn't clarify - you didn't ask about vegetable garden, you didn't ask "in the Villages." I tend to take things literally unless the person gives some indication that they're joking. If you had posted what you actually meant, I probably would not have responded as I did.

You need to do more research as to why.....

[pauld315]

Deed restrictions, for the most part, always supersede laws for this type of thing.

[Marathon Man]

The two attorneys have stated the new law's affect on TV. It's seems to me that they should know.

[OrangeBlossomBaby]

Deed restrictions, for the most part, always supersede laws for this type of thing.

...unless the law expressly states that communities are not allowed to restrict something.

(edited out bad analogy)...

If the law says you can do something, and the law says your community is not allowed to forbid it...


then your community is not allowed to forbid it.

[pqrstar]

My concern would the the quality of the recycled water that is used to water our yards.
Would that be appropriate for vegetables that we consume?

[ColdNoMore]

The two attorneys have stated the new law's affect on TV. It's seems to me that they should know.

Why in the world would you think that those two specific attorney's opinion...should be given credence over any other attorney's opinions? :oops:

Particularly, since a case on this...has yet to go through the legal system? :ohdear:

[OrangeBlossomBaby]

My concern would the the quality of the recycled water that is used to water our yards.
Would that be appropriate for vegetables that we consume?

Here's the general summary answer to that question: SL339/SS544: Reclaimed Water Use in the Landscape: Frequently Asked Questions about Reclaimed Water (https://edis.ifas.ufl.edu/ss544)

Is reclaimed water safe for irrigating my vegetable garden? The Florida Department of Environmental Protection states that reclaimed water should NOT be directly applied to the surfaces of vegetables or other edible crops that are not peeled, cooked, or thermally processed before being consumed.

So you can safely use it to water the tomatoes and other crops that grow OUT of the soil. But crops that grow IN the soil (root vegetables and ground cover) would need to be cooked, peeled, or "thermally processed" before eating.

There's still the matter of raised beds, which you can plant away from the automatic sprinkler system (or zone out of the automatic watering system) and water by hand, or use filtered rainbarrel water.

[graciegirl]

Why in the world would you think that those two specific attorney's opinion...should be given credence over any other attorney's opinions? :oops:

Particularly, since a case on this...has yet to go through the legal system? :ohdear:

I hope Marathon Man is right. Do you really long for a vegetable garden in your yard CNM?

[pqrstar]

"So you can safely use it to water the tomatoes and other crops that grow OUT of the soil. But crops that grow IN the soil (root vegetables and ground cover) would need to be cooked, peeled, or "thermally processed" before eating."

But the yard water sprinklers DO SPRAY UP ON THE SURFACE of the vegetables that grow in the yards.

So I don't see how crops that grow above the soil can safely be used as food without peeling or cooking.

Then tomatoes would not be SAFE?

[Midnight Cowgirl]

Why in the world would you think that those two specific attorney's opinion...should be given credence over any other attorney's opinions? :oops:

Particularly, since a case on this...has yet to go through the legal system? :ohdear:



I agree with your thinking. All this is much too new to be definite. There will be modifications.

It kind of reminds me of a brand new model car. You don't want to buy one the first year of manufacture until all the kinks are ironed out. Wait and see how things pan out. There will be changes.

[biker1]

By "recycled water", if you mean water that is treated by the sewage treatment plants then this is not an issue if you live north of 44. Recycled water from the sewage treatment plants is not used for residential irrigation north of 44. It is used for golf course irrigation. South of 44, recycled water from the sewage treatment plants may be used for residential irrigation.

My concern would the the quality of the recycled water that is used to water our yards.
Would that be appropriate for vegetables that we consume?

[pacjag]

Those deed restrictions HAVE BEEN overridden by law. That's what this thread is about. Those deed restrictions are no longer enforceable.

Fortunately, or unfortunately, you seem to be incorrect.

FL law protects your rights to grow vegetables, but not if you live under HOA rules • IAC (https://independentamericancommunities.com/2019/07/24/fl-law-protects-your-rights-to-grow-vegetables-but-not-if-you-live-under-hoa-rules/)

The new law restricts local governments but does not apply to HOAs or deed restrictions agreed to by a property owner.

[stan the man]

Members of the Amenity Authority Committee learned at their meeting on Wednesday that a new Florida law that permits vegetable gardens in residential front yards won't affect community standards in The Villages. Lewis Stone, the AAC's attorney, said he and Valerie Fuchs, who represents the numbered Village Community Development Districts, concluded deed restrictions that Villagers agreed to in their purchase contract supersedes the new law. (Full report in Thursday August 8, 2019 Daily Sun Section C.Page C-4).

Will see you in court --- you are wrong !!!

[stan the man]

I hope Marathon Man is right. Do you really long for a vegetable garden in your yard CNM?

Yes I do

[Polar Bear]

We’ll see. But generally deed restrictions agreed to by property owners are not affected by state law.

[Chi-Town]

"So you can safely use it to water the tomatoes and other crops that grow OUT of the soil. But crops that grow IN the soil (root vegetables and ground cover) would need to be cooked, peeled, or "thermally processed" before eating."



But the yard water sprinklers DO SPRAY UP ON THE SURFACE of the vegetables that grow in the yards.



So I don't see how crops that grow above the soil can safely be used as food without peeling or cooking.



Then tomatoes would not be SAFE?Nor my jalapeno peppers which is why they're in a pot that is unaffected by the sprinklers.

Sent from my SM-N960U using Tapatalk

[Chellybean]

We’ll see. But generally deed restrictions agreed to by property owners are not affected by state law.

State and Federal Law preempts anything you signed.
Don't believe the Powers to be your being lied to. The Deed restrictions would not hold up in court and they know that!

[Bogie Shooter]

State and Federal Law preempts anything you signed.
Don't believe the Powers to be your being lied to. The Deed restrictions would not hold up in court and they know that!

Can you site court cases supporting this statement?

[graciegirl]

State and Federal Law preempts anything you signed.
Don't believe the Powers to be your being lied to. The Deed restrictions would not hold up in court and they know that!

I don't think anyone knows that nor do most of us think we are being lied to. What would be the point of it?

Most of us have come from areas all over the country with deed restrictions. They help all property owners maintain the homes best financial value.

Although most of us treasure creativity and avantgarde beauty, many would rather visit it in an art museum or a conservatory.

[Polar Bear]

State and Federal Law preempts anything you signed.
Don't believe the Powers to be your being lied to. The Deed restrictions would not hold up in court and they know that!
You pack a lot of ‘wrong’ into a brief post.

[New Englander]

I hope Marathon Man is right. Do you really long for a vegetable garden in your yard CNM?

I sure don't. :ohdear:

[WhoDat]

Dang! I just got the plow attachment for my riding mower.

[Marathon Man]

State and Federal Law preempts anything you signed.
Don't believe the Powers to be your being lied to. The Deed restrictions would not hold up in court and they know that!

I'm going to listen to an attorney way before I listen to someone on here. Your opinion is just that, an opinion. Contract law does not go away just because a new law is enacted.

It is irresponsible to tell people to ignore deed restrictions. That has cost a lot of people money. Listening to people who turn out ot be wrong.

[OrangeBlossomBaby]

Fortunately, or unfortunately, you seem to be incorrect.

FL law protects your rights to grow vegetables, but not if you live under HOA rules • IAC (https://independentamericancommunities.com/2019/07/24/fl-law-protects-your-rights-to-grow-vegetables-but-not-if-you-live-under-hoa-rules/)

The new law restricts local governments but does not apply to HOAs or deed restrictions agreed to by a property owner.

That is an article about a law. Read the actual law. It very specifically does not allow communities to forbid homeowners planting vegetable gardens. The law was passed BECAUSE a community tried to prevent a homeowner planting a vegetable garden. The court ruled in the homeowner's favor. The court case was Ricketts vs. Miami Shores. Ricketts won.

The law is SB82. The text in question is here:
(2) Except as otherwise provided by law, a county,
21 municipality, or other political subdivision of this state may
22 not regulate vegetable gardens on residential properties. Any
23 such local ordinance or regulation regulating vegetable gardens
24 on residential properties is void and unenforceable.
the numbers 21, 22, 23, and 24 are line numbers. I bolded the applicable part.

As I said before - there's no room for interpretation. It is very specific and precise.

[graciegirl]

That is an article about a law. Read the actual law. It very specifically does not allow communities to forbid homeowners planting vegetable gardens. The law was passed BECAUSE a community tried to prevent a homeowner planting a vegetable garden. The court ruled in the homeowner's favor. The court case was Ricketts vs. Miami Shores. Ricketts won.

The law is SB82. The text in question is here:

the numbers 21, 22, 23, and 24 are line numbers. I bolded the applicable part.

As I said before - there's no room for interpretation. It is very specific and precise.

We will see. I have been here for more than a dozen years. My money is on the no vegetable gardens in the front yard. I doubt we have many who want to plant them anyway, but we sure do have some who like to debate. And like to be right. I don't give a hill of beans.

[Mikeod]

That is an article about a law. Read the actual law. It very specifically does not allow communities to forbid homeowners planting vegetable gardens. The law was passed BECAUSE a community tried to prevent a homeowner planting a vegetable garden. The court ruled in the homeowner's favor. The court case was Ricketts vs. Miami Shores. Ricketts won.

The law is SB82. The text in question is here:

the numbers 21, 22, 23, and 24 are line numbers. I bolded the applicable part.

As I said before - there's no room for interpretation. It is very specific and precise.
However, we are not talking about a local ordinance or regulation, which is by its nature one sided. A government entity establishes something that the general populace must honor. In TV, the vast majority of homeowners have agreed to a deed restriction. This was a mutually agreed upon restriction and not done by a county, municipality, or other political subdivision. That is a noteworthy difference.

[pacjag]

Correct. The law restricts local governments but has no affect on HOA rules or deed restrictions.

[EdFNJ]

By "recycled water", if you mean water that is treated by the sewage treatment plants then this is not an issue if you live north of 44. Recycled water from the sewage treatment plants is not used for residential irrigation north of 44. It is used for golf course irrigation. South of 44, recycled water from the sewage treatment plants may be used for residential irrigation. Interesting. The water coming from irrigation in our area which is near Mallory CC between 466A and 466 for the first 5 minutes or so smells like someone's toilet overflowed. I was told it was "reclaimed water for irrigation only." Not sure where it is reclaimed FROM but when it gets on me I head for the nearest emergency decontamination facility! :D

[Phil_Linda]

A question? Is there not a provision about not allowing Satellite TV with the antennas on the roof? Yet, according to some that have told me the FCC stepped in and said the Villages can't stop one from watching TV? Dose this not seem to be the same.

[jedalton]

Nope, it’s not just an opinion. The author of the bill, Rep. Hage, confirmed that it is not the intent of the law to affect voluntarily agreed upon restrictions and that the deed restrictions every one signed (except perhaps those on the historic side) fall into that category. He intends to introduce language more specifically addressing that distinction in the next session.

don't see how a village rule can supersede a Florida law?

[merrymini]

Thank goodness. I sent an email to our reps that this is a bad idea and cannot imagine why they would approve such a bill. I can see someone planting Jack’s beanstalk and think it is okay. Looking for that clarification. I paid a lot of money to live in a beautiful place and want to keep it that way.

[runkcrun]

What makes living here so wonderful is the all the beauty, neatness and cleanliness around us! Why would anyone wish to scar that with an unsightly vegetable garden in their front yard is beyond comprehension. Plant vegetables in pots, or on the sides or back of the house if you must. How many vegetables do we really need to grow here? It's not like we are feeding a growing family. Plus most people can't/don't maintain their own yard or trim their own bushes and trees - they hire it done. How can they then maintain a garden? It's probably a non-issue here, although there will probably be those who HAVE to exercise their "rights" no matter how it effects others.

[toeser]

When the law was passed that any home may mount a satellite dish, that superseded all homeowner association rules and city laws. How is this any different?

[GrumpyOldMan]

When the law was passed that any home may mount a satellite dish, that superseded all homeowner association rules and city laws. How is this any different?

Exactly, the owners had agreed to a HOA condition, and the law superseded it.

I do think this is getting more debate than it will actually result in issues.

Also, the condo's can still enforce rules about how and where they satellite dishes can be installed for appearances and safety. So, I expect here you will be able to grow vegetables, but under controlled conditions that minimize the visual impact.

[Mikeod]

When the law was passed that any home may mount a satellite dish, that superseded all homeowner association rules and city laws. How is this any different?

That was a federal regulation. Big difference.

[Mikeod]

don't see how a village rule can supersede a Florida law?

It’s not a Villages rule. It is a deed restriction. The local government (the District) is not involved other than enforcement.

[GrumpyOldMan]

That was a federal regulation. Big difference.

I am not a lawyer, nor do I pretend to be one on the internet, but, I don't see any difference between Federal or State laws, other than how they relate to each other. Many (States rights advocates) would assert that State laws are more applicable to local conditions than Federal.

[ColdNoMore]

It's ALL speculation, until a case goes through the courts, or another law is passed...specifically excluding those who have signed deeds.

And who in the world is really naïve enough to think that there's no agenda or self-interest going on, by having Da Family's own attorneys telling folks to..."move along, nothing to see here." :oops:

[Jokomo]

State law usually takes precedence over local regulations, otherwise what’s the point?

It would take a very well heeled Villager to step up and make the case however.

[jfkilduff]

No I’m betting the AAC is wrong and u can have a vegetable garden

[graciegirl]

It's ALL speculation, until a case goes through the courts, or another law is passed...specifically excluding those who have signed deeds.

And who in the world is really naïve enough to think that there's no agenda or self-interest going on, by having Da Family's own attorneys telling folks to..."move along, nothing to see here." :oops:

WHOA. AGENDA? I think there is agenda in most posts on this thread.

I have an agenda. I don't like pressure groups pressuring me. I like the deed restrictions as they stand. I chose to live here and I chose to sign them and I like them. I do not want vegetable gardens in
this beautifully maintained place. I love vegetable gardens. I have eaten many the vegetables fresh and canned from vegetable gardens in my past life. I don't like threads started that reek of political views called something else.

I am also concerned about overgrowth of "Florida Friendly Vegetation".

Proud Gracie from farming area of Ohio who lives in the well run Villages and uses reusable grocery bags and eats leftovers and recycles old clothes by wearing them.

Sorry Bogie. I don't think YOU have an agenda on this issue.

[Velvet]

I love vegetable gardens! In my old country we called them kitchen gardens, both beautiful, scented and useful. Mostly herbal and spice gardens. But in TV? When I went around in the morning the irrigation smelled toxic. Even an accidental splash of that water could contaminate. Also the dogs “watering” the plants which they are likely to do if in front of the house.... yikes! Even if you invite me to your home, or bring a pot luck to a party... please, please don’t offer anything grown from your garden.

[Bogie Shooter]

WHOA. AGENDA? I think there is agenda in most posts on this thread.

I have an agenda. I don't like pressure groups pressuring me. I like the deed restrictions as they stand. I chose to live here and I chose to sign them and I like them. I do not want vegetable gardens in
this beautifully maintained place. I love vegetable gardens. I have eaten many the vegetables fresh and canned from vegetable gardens in my past life. I don't like threads started that reek of political views called something else.

I am also concerned about overgrowth of "Florida Friendly Vegetation".

Proud Gracie from farming area of Ohio who lives in the well run Villages and uses reusable grocery bags and eats leftovers and recycles old clothes by wearing them.

Sorry Bogie. I don't think YOU have an agenda on this issue.

Right, no agenda. I read it in the paper and shared. I knew full well the agenda's would follow.:1rotfl:

[croughwell]

They can interpret the law and conclude it all they want... THE COURTS WILL DECIDE AND IF THE VILLAGES LOSES, IT WILL COST THEM! AGAIN

[ColdNoMore]

WHOA. AGENDA?<...SnipYep. ;)

It doesn't take an Einstein to figure out that attorney's working for Da Family, would give their 'opinion' (AKA-"AGENDA")...that it doesn't apply to their client. :oops:

Now only if that darned legal system, judges/juries and attorney's with differing opinions...didn't always get in the way. :1rotfl:

I'll say it again, it's ALL speculation until the first case (or additional state laws)...are made. :ho:

[pacjag]

There is no room for interpretation in the law that was passed. It restricts local governments from passing ordinances which would prevent a homeowner from having a vegetable garden in his front yard. That was the issue which caused the law to be written and then passed. There is no verbiage in the law as passed which could be in any way construed to include non-government entities such as HOAs or deed restricted communities. Don’t believe me? Go read it for yourself.

[Polar Bear]

...There is no verbiage in the law as passed which could be in any way construed to include non-government entities such as HOAs or deed restricted communities...
Pretty well sums it up.

[Nick75]

[QUOTE=eyc234;1671425]That is too bad, I would much rather put water on something of value that waste it on a green dog toilet.[/
The Villages is NO place for a front yard garden

[Marathon Man]

Yep. ;)

It doesn't take an Einstein to figure out that attorney's working for Da Family, would give their 'opinion' (AKA-"AGENDA")...that it doesn't apply to their client. :oops:

Now only if that darned legal system, judges/juries and attorney's with differing opinions...didn't always get in the way. :1rotfl:

I'll say it again, it's ALL speculation until the first case (or additional state laws)...are made. :ho:


Those attorneys work for the districts, not the family. Not the same, even though many think that it is.

[stan the man]

Plant "NOW" get grandfathered

[Bucco]

Just an FYI and legal opinion I suppose....

"Based on interpretation and a legal review, this legislation only speaks to local city and county ordinances that may address vegetable gardens. It does not address or affect homeowner association (HOA) or potential Community Development District (CDD) restrictions that may be present. HOA/CDD restrictions would still be enforceable. CDDs are not specifically designated as political subdivisions in that statute."

Vegetable Gardens As An Addition To Your Landscape - Osprey Observer (https://www.ospreyobserver.com/2019/08/vegetable-gardens-as-an-addition-to-your-landscape/)

Who knows. We do know that both sides of this will test it out.

[Flinch]

Up North, a neighbor and I planted a veggie garden on our property line. Even after the deer were finished, we had wonderful food. We called ourselves "sharecroppers."