New Law - Vegetable Home Gardens NOT OK

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  #16  
Old 08-08-2019, 08:50 PM
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Originally Posted by Mikeod View Post
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

Quote:
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.
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Old 08-08-2019, 08:54 PM
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Originally Posted by Mikeod View Post
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.
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Old 08-08-2019, 08:56 PM
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Originally Posted by blueash View Post
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!
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Old 08-08-2019, 09:12 PM
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Originally Posted by Jazuela View Post
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!

I can't get that damn Green Acres Song outta my head. LOL
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Old 08-08-2019, 09:52 PM
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What reasonable person would want a garden in their front yard instead of their backyard?
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Old 08-08-2019, 10:03 PM
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Yeah this part here:
Quote:
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.
  #22  
Old 08-08-2019, 10:04 PM
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Originally Posted by justjim View Post
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.
  #23  
Old 08-08-2019, 11:20 PM
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Originally Posted by Jazuela View Post
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.
  #24  
Old 08-09-2019, 07:20 AM
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Quote:
Originally Posted by Jazuela View Post
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.
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Old 08-09-2019, 08:53 AM
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Originally Posted by justjim View Post
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.
  #26  
Old 08-09-2019, 09:49 AM
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Quote:
Originally Posted by Jazuela View Post
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.
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Old 08-09-2019, 03:48 PM
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Quote:
Originally Posted by Jazuela View Post
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.....
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  #28  
Old 08-09-2019, 04:21 PM
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Deed restrictions, for the most part, always supersede laws for this type of thing.
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Old 08-09-2019, 04:29 PM
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The two attorneys have stated the new law's affect on TV. It's seems to me that they should know.
  #30  
Old 08-09-2019, 06:21 PM
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Quote:
Originally Posted by pauld315 View Post
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.
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