Florida Vegetable Garden Letter

Leann Barber bought a piece of property in 2017 and opened up a community garden to help Broward County youth through her non-profit organization, Made in Broward. However, Broward County issued a citation to Leann last fall because she was gardening on a vacant lot—which officials considered to be a code violation. 

While visiting her property, children learn about food preservation and how to sew, garden, cook, and make soap. The goal behind this work is to help prepare kids to be positive, contributing citizens. Yet, based on an incorrect assumption of Florida’s Vegetable Garden Protection Act, Broward County zoning officials tried to shut down this noble effort.

The Vegetable Garden Protection Act, a law the Institute for Justice (IJ) helped pass, expressly states, “a county, municipality, or other political subdivision of this state may not regulate vegetable gardens on residential properties.” The state law’s protections apply regardless of whether a lot has a residence. Even without the law, Broward County’s ban would still be unconstitutional under both the U.S. Constitution and the Florida Constitution.

That’s why IJ sent a letter to Broward County officials warning them that citing Leann for planting a garden on her own private property likely violated state law and was unconstitutional. People have a right to use their own private property to have a community garden.