Is it illegal to have a garden in Florida?

Is it illegal to have a garden in Florida?

Backyard vegetable gardens are fine, no worries there. But, If your vegetable garden is in your front yard, according to a few cities in Florida it is illegal and you can be fined up to $50 a day for having a front yard veggie garden.

This is bull shit. It’s a direct violation of our fundamental rights as land owners that are supposed to be protected by the US and state constitutions.

Miami shores front yard garden ban

The biggest case was in Miami Shores village where a married couple, the Ricketts, had been peacefully growing a large majority of their food in their front yard,instead of their backyard, because it was south facing.

This gave them the best location for their garden.

When one day, after 17 years of growing, the city hit them with code enforcement officials saying that they had to uproot their garden or face a daily fine of $50.

That’s $1500 a month!

Orlando front yard garden issues

There was also a disagreement about front yard gardens in Orlando. The city also threatened a couple with fines if they did not pull up their veggies that were planted in their front yard. The city of Orlando has been a bit more forgiving though. After the gardening community of Orlando and other places became active the city began to rewrite it’s laws to allow front yard veggie gardening.

Why would they want to ban gardens?

The city of Miami shores states that having a front yard garden is in violation of zoning regulations. Ok, I get it, you can’t have a factory in a residential zone.

But this is a vegetable garden we are talking about.

A well cared and maintained one at that.

The couple decided to sue the village of Miami shores because the city is clearly violating their rights as property owners.

Sounds like a no-brainer. But that’s not how court officials saw it.

Two separate court appearances resulted in the same disappointing results.The court sided with Miami shores,stating that front yard gardens are not allowed.

Their reason being that a front yard garden is not aesthetically pleasing and that the gardens are not in the best interest of the general public.

The local government is stating that front yard vegetable gardens will lower property values.

I find this hard to believe.

 

What has been done to fight this?

Bill Sb-1776 has been brought to the attention of the Florida legislature. This bill would prohibit local governments from being able to tell you that you can’t grow vegetables on your own property.

The bill made it through the senate and reached the house on March 1st 2018. On March 10th 2018 it was “indefinitely postponed and withdrawn from consideration.”

This is the most recent thing I can find on the matter. If you know of any further action I would love to hear about it.

Is there anything you can do about it?

The Ricketts have teamed up with the Institute for justice to sue the city and they have created a petition that you can sign here to help Sb-1776 get passed.

I’m no lawyer, so don’t take any of this as advice, but I believe that this is a great injustice and we should stand up for our rights as people.

We have a right to grow food on our property that we own.

We should try to bring as much attention to this situation as we can, the more eyes that we get on the issue the better.

If you’re a feather ruffler and have a south facing front yard. Maybe you should plant some veggies out there.

Just be prepared to rip up your work or pay any potential fines.

However, there are plenty of food sources that you can grow in your front yard that the government has no issue with.

What can you plant in your front yard?

According to Miami shores you can have almost anything in your front yard except veggies. You can have fruit trees, boats, jet skis, garden gnomes, ugly ass pink flamingos, etc..

But veggies? Nah, those things are hideous, property values will plummet!

This is an isolated case as of now but who knows if it will get worse before it gets better.

If your front yard is the best location for your garden you can still grow plenty of fruit trees and bushes.

Best fruit trees to grow in Florida

Avocado: at maturity they can grow to be 30-60 feet tall. They prefer full sun and can be grown in all parts of the state. Some avocado trees are more cold tolerant than others. Cold tolerant varieties for North Florida are: Brogdon, Choquette, Day, Mexicola, Winter. Other Florida friendly varieties include Bernicker, Hall, Lula, Marcus Pumpkin, Monroe, Pollack, Russell, Simmonds.

 

Banana: Banana trees can grow up to 18 feet tall and do very well in central and south Florida. In northern Florida where we see freezes you will probably have some problems growing banana trees. Bananas like it warm, in full sun to part shade. Florida friendly varieties are Manzano, Apple, Dwarf Cavendish, Dwarf Orinoco, Dwarf Red, Goldfinger, Blue Java, Lady Finger, Mysore, Rajapuri, Williams Hybrid.

 

Blueberry: Blueberries prefer a highly acidic soil with a Ph from 4-5.5. Blueberries need plenty of water and plenty of sun. These fruits grow on large bushes, some up to 8 feet wide. The best time to plant blueberries is in the winter time. Florida friendly varieties are Emerald, Gulf Coast, Millennia, Sharpblue, Jewel, Star, Windsor, Beckyblue, Bonita, Climax, Brightwell, Powderblue, Tifblue and Woodruff.

 

Star fruit: A tropical, sweet tasting yellow fruit that loves the heat and humidity. Frosts and freezes will damage and can even kill this plant. North Florida gardeners may have trouble with this guy. In central and south Floirda you can plant them at any time. Make sure they get full sun and plenty of water. These trees typically don’t grow larger than 20 feet. Florida friendly variteis are Arkin, Fuang Tung, Kari, Sri Kembangan and Thai Knight.

 

Citrus: Oranges, lemons, limes and grapefruit can all be grown here in Florida. There are many many varieties that love our climate but all of them are affected by freezes. A huge problem that Florida is facing with citrus is a disease called citrus greening. If you do choose to grow citrus be sure to give your tree plenty of room to grow They can range from 10-20 feet tall. Citrus trees actually like our sandy soils, so if you feel like it you can plant them right into your Florida soil.

 

Fig:This sweet fruit grows on a tree with some as large as 50 feet tall, although this probably won’t be the case in Florida. Figs prefer full sun and plenty of water. The three best varieties for Florida are Celeste, Brown Turkey and Ischia.

 

Guava: Guavas can grow large, up to 12 feet tall and 14 feet wide. These guys prefer our warm weather and will be killed when temperatures drop below 27F. Sorry north Florida, you probably can’t grow this one. They can be planted at anytime in Central Florida but are actually considered invasive in south Florida and should avoid be planted according to the university of Florida. Florida friendly varietkes are Homestead, Barbi Pink, Hong Kong Pink, Patillo, Webber, Crystal, Lotus and Supreme.

 

Longan

Longan is aesthetically pleasing and grows fruit most similar to rambutan and lychee. This tree will grow as far north as Tampa. Established trees can take temps down to 27F. In Florida this tree will grow to be about 30 feet. Sometimes Longans will produce a huge crop in one year and then take the next two off.  The best variety to grow in Florida is from Hawaii and is called Kohala.

 

Loquat

Another very aesthetically pleasing tree. Loquats will grow up to 20 feet tall and 15 feet wide, they have large glossy leaves and make a Small, pear shaped, sweet fruit.  These are pretty common around Florida and are sold at lots of local nurseries. Loquats can take temperarures as low as 15F but also don’t mind the heat. Best Florida varieties include Advance, Champagne, Emanueal, Golitch, Juda, Judith, Oliver, Thales, Thursby, Wolfe.  

 

Lychee

Lychee trees can grow up to 40 feet tall and they produce an incredibly sweet fruit. It has a red numpy outer layer that needs to be peeled away and the edible part is a white firm jelly like flesh.  Temperatures below 28F will damage the plant. Best varieties for Florida are Mauritius and Brewster.

 

Mango

I love mangos! They might be my favorite fruit. It’s another tree that is very attractive. Mangoes do not like the cold. When temperatures get to around 30F the mango will suffer. Temperatures in the 40s will damage fruits and flowers. florida friendly varieites include Carrie, Carrie Atkins, Edward, Floridian, Parvin, Dunkin, Keitt and Van Dyke

 

Papaya

Papayas are one of the easiest fruit trees to grow in central and south Florida. I don’t think they are particularly attractive but it will produce large amounts of fruit for many years. papayas are weird in a way because sometimes the same plant will produce both male and female flowers and sometimes it will produce only a single gender. It’s best to source for seeds or plants from a grower  who knows the sex of the parent plant. The best varieites to grow in Florida are Sunrise Solo, Red Lady, Maradol. 

 

Passion Fruit

This is actually a vining plant, not a tree. If planted in a compost rich soil this vine will make more fruit than you can eat. There two types of passion fruit. One that makes an orange sized yellow fruit and another that makes smaller purple fruits.The vine can grow up to 40 feet long and look really good covering up a chain link fence.

 

Pear

Pears are another very good looking landscape plant that also produces food. pear trees can grow up to 20 feet tall. pears grow best in the northern part of the state because they need a few week stretch of cool weather to set fruit. Paris results I mean to be cross-pollinated so you will need more than one. Good pear varieties to grow in Florida are Floridahome, Baldwin, Hood, Pineapple, Orient and Carnes. 

 

Pecan

I had no idea but Florida produces up to 10 million pounds of pecans per year. Pecans can be grown in all parts of the state and can grow to be super big. You want to be sure to plant these things are good distance away from your house, at least 30 ft. their roots can cause problems. The best pecans to grow in Florida are Cape Fear, Moreland, Elliott, Summer, Stewart, Choctaw and Pawnee. 

 

Persimmon

If these fruit are eating ripe they are pretty much Inedible. your mouth will instantly become dry, like the worst cottonmouth you’ve ever had.  compared to the American varieties, Asian varieties of this plant usually taste better. Asian varieties usually get up to about 10 ft tall while the American selections can grow up to 30 ft tall. Persimmon can be grown in all parts of the state. Some good Florida varieties are Izu, Fuyu, Ormond, Giombo, Suruga, Saijo, Sheng. 

 

Pineapple

Pineapples are super easy to grow. You can take a store-bought pineapple,chop it’s spikey head off and plant that right into the ground. A whole new pineapple grow from that.Pineapples like full sun and cannot tolerate Frost. pineapples don’t even like it when temperatures get below 55 degrees. Pineapples are small enough to be container planted.Gardeners in the north can still enjoy growing pineapples. Just bring the containers inside when frost is on its way.

 

Pomegranate

Pomegranate can be grown as a tree or a shrub and usually reach sizes of 10 to 20 ft. they can grow in all parts of the state but will produce fruit year-round in southern Florida.Pomegranate has green glossy leaves and nice looking flowers so it makes a great landscape plant as well. Al-Sirin-nar, Azadi, Christina and Vkusnyi grow well in Florida. 

 

Is gardening Illegal in Florida?

The short answer is no. but in Miami Shores there is a case where a couple has been fined and forced to remove their vegetable garden from their front yard.

While this may be an isolated case, it does set a president for this to possibly spread because this law has been upheld in court more than once.

If your front yard is your best option to garden in you may want to play it safe and plant only fruit trees and bushes.

The best fruit trees to grow in Florida are:

• Avocado
• Banana
• Blueberry
• Star fruit
• Citrus
• Fig
• Guava
• Longan
• Loquat
• Lychee
• Mango
• Papaya
• Passion Fruit
• Pear
• Pecan
• Persimmon
• Pineapple
• Pomegranate