Relating to equitable relief from the enforcement of certain governmental requirements that affect agricultural operations.

Contracts

Mandatory Lease Updates: Because the law grants standing to "lessees," tenants can sue municipalities independently of landowners.

• Litigation Control Clauses: Landowners must amend agricultural leases to define who has the authority to initiate litigation against a political subdivision.
• Fee Allocation: Clauses must specify that recovered attorney's fees belong to the party that actually funded the litigation.
• Indemnification: Landlords should require indemnification if a tenant’s independent lawsuit triggers a counterclaim or regulatory retaliation from a municipality.

Hiring/Training

Protocol Shift for Site Managers:

• "Stop and Escalate" Training: Operational staff must be trained *never* to simply pay a municipal fine or agree to a Cease-and-Desist order regarding noise, odor, or vegetation.
• Immediate Legal Trigger: Any notice of violation from a city or county must be routed to Legal Counsel immediately to assess if it violates Chapter 251 (Right to Farm).

Reporting & Record-Keeping

Litigation Readiness:

• Historical Usage Logs: You must maintain proof of exactly when agricultural operations commenced. Fee recovery depends on winning the suit, and winning often depends on proving your operation preceded the encroaching non-agricultural land use.
• Segregated Billing: Legal departments must implement specific billing codes for "SB 1035 Defense." To recover fees, you must present the court with clean, itemized records distinct from general corporate counsel work.

Fees & Costs

Budgetary Impact:

• Litigation Reserves: While fees are recoverable if you win, you must have the capital to fund the litigation upfront.
• Insurance Review: Review business defense policies. Ensure your coverage includes suits for declaratory judgment, not just defense against damages.