TALLAHASSEE, Fla. — A provision critics warned could silence opponents of big agriculture has been removed entirely from the Florida Farm Bill following intense backlash from environmental advocates, nonprofits, attorneys and private citizens.
The legislation contained a provision that sparked concerns it would limit First Amendment protections and reduce accountability for practices that may harm the environment.
WATCH BELOW: 'Farm Bill' threatens First Amendment rights, critics say
After mounting criticism from advocacy groups, the Florida Senate removed the controversial provision from Senate Bill 290.
The language remained in the Florida House version, HB 433, prompting continued pressure — but lawmakers have since removed it from the bill entirely.
"I think it's just a testament when people come together and stand up for what's right, and you know, our ability to speak freely on these issues," said Daniel Andrews of Captains for Clean Water.
Andrews was among those who traveled to Tallahassee to oppose the proposal.
The measure would have expanded agricultural companies' power to sue for defamation by expanding Florida's existing law protecting perishables to all agricultural products, including crops like sugarcane. It also would have allowed companies to recover attorneys' fees if they won a defamation suit, potentially forcing defendants to pay hundreds of thousands of dollars in legal costs, while defendants who won their cases would still have been required to cover their own legal fees.
Florida's "Veggie Libel Law," as it is nicknamed, has existed since 1994 and protects fruits, vegetables and other perishable items from false claims. Similar laws exist in many other states.
Attorney Aaron Bass said the expanded provision could have applied to anyone — journalists, nonprofits, advocacy groups or even private citizens posting on social media.
"So if you post something about a product that you bought at Publix or Aldi or wherever that you don't like, can you be sued for it?" Bass said. "Watch out. It absolutely could potentially open you up to liability."
Bass said that even sharing an article or post that criticizes an agricultural company could have put someone at risk of a lawsuit.
"The question is, at what point does that go over the line and affect people's First Amendment rights?" Bass said.
When asked whether the bill would effectively silence critics of agricultural companies, Bass said the impact would be significant.
"Yeah, I think so. I think it would have a chilling effect on a lot of nonprofits in our society," Bass said.
Eve Samples, executive director of Stuart nonprofit Friends of the Everglades, said she feared the bill would undo decades of work by her organization and others to reduce agricultural runoff that pollutes Lake Okeechobee and the St. Lucie Estuary, which fuels harmful algae blooms.
"We've been at this for many years, Friends of the Everglades, and this would really force us to think about every tiny detail that could be disputed by the industry," Samples said.
Capt. Chris Wittman of Captains for Clean Water traveled along with Andrews to the state Capitol to voice his concerns about the legislation, too. His advocacy, along with that of others, helped remove the provision from the Senate version of the bill.
"The First Amendment is important because it's the ability of people to share what they're seeing, what they think, and push back," Wittman said. "Anything that silences or makes people think twice about using their voice is unacceptable."
"We know that Florida's waters are suffering, and that changes need to be made. I'm happy to see that that was removed, but it was really just crazy that this fight was even something we had to take part in," Andrews said.
Samples said the outcome is a reminder that advocacy efforts can make a difference.
"We've seen progress, and absolutely, our voices do matter," Samples said.
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