Charter captains push back against Florida farm bills over free speech concerns

TALLAHASSEE, Fla. — Charter captains in Southwest Florida, and across the state are speaking out against two agriculture bills moving through the legislature, arguing provisions buried in the proposals could chill free speech by making it easier for agricultural producers to sue over public criticism.

House Bill 433 and Senate Bill 290, update dozens of agricultural statutes, covering everything from pest control and gasoline-powered equipment to insurance and workforce programs. But, Sections 47 and 48 respectively, expand Florida’s food disparagement law in ways that critics say could discourage public discussion about farming practices and environmental impacts.

The law defines disparagement as: “The willful or malicious dissemination to the public in any manner of any false information that a perishable agricultural food product is not safe for human consumption.”

The statute further states: “False information is that information which is not based on reliable, scientific facts and reliable, scientific data which the disseminator knows or should have known to be false.”

Under the law, producers who claim they have been harmed may sue, with the statute allowing courts to award damages, attorney fees and court costs.

Members of Captains for Clean Water, a conservation advocacy group, has been speaking to lawmakers about the bills, saying that the bills could make it harder to raise alarms when water quality issues emerge.

“If this goes through and we’re not allowed to speak out and hold big Ag accountable for the water management practices that they’re using, that for decades have adversely affected and impacted our coastlines, then they’re going to get away with whatever they want,” Capt. Rhett Morris told Fox 4.

The group argues that environmental damage often becomes visible before scientific studies are completed, leaving advocates vulnerable to lawsuits if they speak publicly.

Rep. Danny Alvarez, the House sponsor of HB 433, said during a House Agriculture and Natural Resources Budget Committee hearing, that the provision is not new and is intended to protect struggling farmers, big Ag companies.

“Since 1994, it turns out, we have a law that says you cannot disparage willfully, wantonly, malicious, against Florida agriculture,” Alvarez said. “This is not because of Big Sugar, because I could give a dang about Big Sugar.”

Alvarez said the bill is about balance.

“For my Florida farmers, things are worse. They live on close margins,” he said. “I’m talking about your farmer with 50 acres that’s holding on for their life. Those folks are barely making it. That’s why we offer them a special kind of consideration and protection.”

The Florida Channel.

The Florida Ag Coalition, which represents farming and agricultural interests across the state, praised the legislation. In a statement Chairman Jim Spratt told Fox 4:

Captains for Clean Water says it plans to continue pressing lawmakers to amend the language. Senate Bill 290 is scheduled to be heard again Tuesday at 9 a.m.