Through the generous support of RAFI‑USA, Florida Organic Growers (FOG) continues the Gaining New Ground Initiative—a program designed to equip aspiring and expanding farmers with the knowledge and tools needed to build resilient agricultural businesses in Florida.

The third webinar in the series, “Legal Considerations for Organic Agricultural Land Use,” explored an essential—but often overlooked—dimension of farming: the legal framework shaping how agricultural land is owned, leased, and operated.

The featured speaker, James “Mac” McCarty, a Gainesville‑based real estate and business attorney and partner at McCarty Focks, PLLC, shared practical guidance informed by more than four decades of experience in land transactions and business law.

Why Legal Planning Matters

Modern farming involves much more than soil health, crop management, and market access. Farmers must also navigate zoning rules, tax laws, federal regulations, and business structures that influence how a farm operates, transitions, and grows.

McCarty emphasized that thoughtful legal planning early in the process can prevent costly disputes later, noting:

“A good portion of my work involves solving problems that could have been avoided if a little planning had been done upfront.”

Investing time in understanding the legal structure of a farm operation can help prevent litigation, protect assets, and ensure long‑term continuity.

Key Legal Issues Farmers Should Understand

Several important legal topics were covered during the session:

Zoning & Land Use Regulations

County governments typically determine whether land can legally be used for agricultural purposes. Understanding local zoning codes is one of the first—and most important—steps when evaluating farmland.

Agricultural Tax Exemption (“Greenbelt” Classification)

This exemption can significantly reduce property taxes by recognizing agricultural use, making it more economically viable to maintain larger acreage.

Florida Right‑to‑Farm Act

This law provides protections for farmers by limiting nuisance lawsuits related to normal agricultural activities, such as noise, odors, and equipment use.

Business Organization

Farm operations may function as sole proprietorships, partnerships, corporations, or LLCs—each with unique implications for liability, taxes, ownership, and transition planning.

McCarty summarized this point succinctly:

“Don’t be penny‑wise and pound‑foolish—spending a little on planning early can save enormous costs later.”

Land Ownership, Leasing & Due Diligence

For many beginning farmers, leasing land is a practical entry point, particularly during the 36‑month transition period required for organic certification. However, lease agreements must be structured carefully to ensure stability and protect both parties.

McCarty stressed the importance of due diligence before acquiring or leasing farmland. Farmers should investigate:

• Water access and irrigation potential
• Past land uses
• Possible environmental contamination
• Neighboring activities that could affect organic certification
• Long‑term risks tied to land history or surrounding development

These factors can significantly affect a farm’s viability and certification pathway.

Moving Forward

The core takeaway from Webinar #3 is clear:
Successful farming requires both strong agricultural practices and strong legal planning.

Understanding zoning requirements, tax structures, business entities, leases, and land‑acquisition strategies helps protect farmers from costly mistakes and builds a foundation for long‑term success.