Legislation will empower citizens impacted by harmful particle emissions from farm operations to file legal action against the producers
TALLAHASSEE, Fla. – Senator Gary Farmer (D- Fort Lauderdale) and Representative Anna V. Eskamani (D-Orlando) has filed legislation to empower citizens, impacted by harmful particle emissions from farm operations like sugarcane burning, to file legal action against the producers. HB 6085/SB1102 repeal legislation passed in the 2021 Legislative Session under SB 88, which included a carveout specific to protecting the sugar industry, rather than the predominantly Black and Hispanic residents of Palm Beach County being harmed by sugarcane burning.
As it stands, SB88 limits legal action for parties impacted by particle emissions to a ½ mile radius; HB6085/SB1102 repeals particle emissions from the list of damages limited to this arbitrary distance. The damages that can be caused by particle emissions are equally impactful at distances far greater than half a mile and in the Glades, roughly 400,000 acres of land are subject to burning. The Forest Service has also noted that smoke can travel up to 26 miles, whereas Florida Statutes currently provide an unnecessary loophole for damage to go unchallenged by victims if they fall outside of the ½ mile distance, even if they can prove the cause of the damage was by a negligent Farm Operation.
“The reality is that the influence of the sugar industry goes far beyond the legislature; it also goes into the executive branches, it goes into the regulation process, to the planning of when to burn and when not to burn. There is a reason why some of the state’s more wealthy communities in South Florida don’t experience the negative externalities of sugar cane burning. It is not a coincidence. It’s an intentional policy decision, ” said Representative Anna V. Eskamani.
Areas surrounding sugar burning have been found, by the Atmospheric Environment Journal, to have increased occurrences of “acute respiratory illness, genotoxicity which harms genetic information leading to cancer, and other diseases of the respiratory system,” and that the “impacts are particularly pronounced in vulnerable groups, such as young children and the elderly”. Toxic waste, particularly ammonia runoff from fertilizers, is also a particle emission that can cause damage well outside of the half-mile range to drinking water and aquatic ecosystems.
“In a bill meant to promote important farming activities the Legislature went way too far by providing complete immunity to those that engage in dangerous and toxic activities. This bill would restore balance by providing adequate protections for the most vulnerable Floridians,” said Senator Gary Farmer.
Residents in Florida deserve to live with clean air and water; HB 6085/SB1102 gives power back to the people, holds farm operations accountable for their pollution, and is one step towards fighting back against environmental injustices in our state.
Robert Mitchell, Community Activist and Stop the Burn GO GREEN Local Campaign Leader said, “No longer will we allow the sugarcane industry to dump smoke and ash in our lungs and on our properties, while providing zero accommodations for our health and clean air. We deserve better.”