Skip to main content

Gardening is not illegal in Jacksonville

City working on draft legislation to address ‘Free to Garden’ act proposal

1 / 2

Copyright 2026 The Associated Press. All rights reserved.

A lettuce seedling is displayed in Boston on Dec. 8, 2015. (AP Photo/Steven Senne)

The city of Jacksonville is responding to our questions about growing food on residential properties -- after several people showed up to a City Council meeting last month proposing the “Free to Garden” act.

The act suggests that you can not grow food on your own property in Duval county but that’s false.

Recommended Videos


You can grow food on your land right now in Duval county but the distinction comes between residential and commercial zoning.

The city confirmed it is working on legislation to address the concerns of residents - sparked from the Freedom to Grow act proposal.

Several people spoke out about being able to “grow food in their yards and share, exchange, and distribute it without local government or zoning restrictions”.

In an email the City of Jacksonville said:

“There is no City policy that violates Sec. 604.71, F.S. Food can be grown by right by anyone.”

  • A homeowner/landowner can grow/garden food on their land by right.
  • A person can grow/garden at their home by right.
  • If you own land without a residential unit on it – you can grow food by right.
  • If you own a vacant lot, you can grow food by right. 
  • You can grow food by right regardless of the land use and zoning on site.

The city responded there may be confusion about what can and can not be done.

“Some of the public may be confused thinking that they are not allowed to grow food by right. Here’s where some of that confusion comes into play: Residential zoning districts do not allow, by right, the selling of food grown on site. Commercial zoning districts do allow both the growing and selling of food on site by right.”

Though there is no proposed bill this has been a popular topic for months and the city is working to find a solution for residents multi layered needs.

The city also said:

“The main concern of some members of the public is having the ability to sell the food they grow on site in a residential district. Most right to grow/garden advocates are looking to grow/garden AND sell on site in a residential district. The City is working on draft legislation to address these concerns.”