From Lawn to Table – New Florida Statute Allowing Vegetable Gardens

29 Jul 2019

A new law took effect July 1, 2019, which would allow the cultivation of vegetables and fruits on residential properties.

The new statute, §604.71, Fla. Stat., is meant to prohibit county, municipal or other local governments from regulating vegetable gardens on a residential property.  There are, presently, many local ordinances or regulations which prohibit vegetable gardens on residential properties.  Such ordinances and regulations are now, by virtue of the new statute, void and unenforceable.  It must be noted, however, that local governments are still entitled to enforce watering regulations during drought conditions.

Does this mean that a community association, including homeowners associations, can no longer regulate landscaping through architectural control provisions of the association’s covenants and restrictions?

No, it does not.  A residential property owner would still be governed by the association’s covenants and restrictions and any properly adopted architectural guidelines of the association.

Remember, that any landscaping and architectural controls must still comply with the “Florida Friendly Landscaping” laws (§373.185, Fla. Stat.).

With the passage of this new statute, properties throughout Florida will be “blooming” in entirely different ways!