Dear Florida Legislators,

In Florida communities where sugarcane is burned, “black snow” rains down on residents six to eight months of the year. Residents downwind of sugarcane burning are subjected to a higher risk of health problems such as asthma and chronic obstructive pulmonary disease (COPD) as a result of this exposure to smoke and ash. The state of Florida’s current burning regulations emphasize protections for wealthy coastal communities east of the burns, but fail to offer the same protections for lower-income communities of color south of Lake Okeechobee.

In 2021, a measure passed in Florida’s revamped “Right to Farm” bill (SB 88) made the egregious, outdated practice worse — shielding farmers from lawsuits related to a list of farming practices including “particle emissions” outside of a half-mile radius — an exemption which benefits the sugar industry at the expense of impacted residents.

To date, the Florida Forest Service, under the authority of Agriculture Commissioner Nikki Fried, has failed to implement expanded protections for Glades residents, despite acknowledgements by the federal Environmental Protection Agency that long-term exposure to particulate matter can lead to heart attacks and premature death. Friends of the Everglades and others, including Stop the Burn activists, have repeatedly urged Fried’s office to move toward an eventual ban of pre-harvest sugarcane burning. Green harvesting is a much safer, cleaner method.

Luckily, there’s another option for action. On November 30, 2021, Rep. Anna Eskamani and Sen. Gary Farmer introduced new legislation that would empower citizens subjected to the dangers of sugarcane burning to file legal action against the producers. If passed, HB 6085/SB 1102 would repeal particle emissions from the list of damages limited to a half-mile radius by SB 88 — untethering impacted residents seeking legal action from an arbitrary distance that does little to protect them. In other words, this repeal bill would restore legal rights to Floridians who live downwind of burning.

This is a necessary and just update. I stand with Friends of the Everglades in imploring you to support HB 6085/SB 1102. Glades communities deserve better. It’s long past time for the state of Florida to step up and do the right thing by protecting Floridians from the harmful effects of sugarcane burning.

Respectfully,