Florida Senate - 2013                             CS for SB 1106
       
       
       
       By the Committee on Agriculture; and Senator Hays
       
       
       
       
       575-02199-13                                          20131106c1
    1                        A bill to be entitled                      
    2         An act relating to agritourism; amending s. 570.96,
    3         F.S.; providing legislative intent; restricting a
    4         local government’s ability to regulate agritourism
    5         activity on agricultural land; amending s. 570.961,
    6         F.S.; revising the definition of the term “agritourism
    7         activity” and adding a definition of the term
    8         “inherent risks of agritourism activity”; creating s.
    9         570.963, F.S.; limiting the liability of an
   10         agritourism professional, his or her employer or
   11         employee, or the owner of the underlying land on which
   12         the agritourism activity occurs if certain conditions
   13         are met; creating s. 570.964, F.S.; requiring that
   14         signs and contracts notify participants of certain
   15         inherent risks and the assumption of that risk;
   16         preventing an agritourism professional, his or her
   17         employer, and any employee, and the owner of the
   18         underlying land from invoking the privileges of
   19         immunity if certain conditions are not met; providing
   20         criteria for the notice; providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 570.96, Florida Statutes, is amended to
   25  read:
   26         570.96 Agritourism.—
   27         (1) It is the intent of the Legislature to eliminate
   28  duplication of regulatory authority over agritourism as
   29  expressed in this section. Except as otherwise provided for in
   30  this section, and notwithstanding any other provision of law, a
   31  local government may not adopt an ordinance, regulation, rule,
   32  or policy that prohibits, restricts, regulates, or otherwise
   33  limits an agritourism activity on land classified as
   34  agricultural land under s. 193.461. This subsection does not
   35  limit the powers and duties of a local government to address an
   36  emergency as provided in chapter 252.
   37         (2) The Department of Agriculture and Consumer Services may
   38  provide marketing advice, technical expertise, promotional
   39  support, and product development related to agritourism to
   40  assist the following in their agritourism initiatives:
   41  Enterprise Florida, Inc.; convention and visitor bureaus;
   42  tourist development councils; economic development
   43  organizations; and local governments. In carrying out this
   44  responsibility, the department shall focus its agritourism
   45  efforts on rural and urban communities.
   46         Section 2. Section 570.961, Florida Statutes, is amended to
   47  read:
   48         570.961 Definitions.—As used in ss. 570.96-570.964 570.96
   49  570.962, the term:
   50         (1) “Agritourism activity” means any activity consistent
   51  with a bona fide carried out on a farm or ranch or in a working
   52  forest that allows members of the general public, for
   53  recreational, entertainment, or educational purposes, to view or
   54  enjoy agricultural-related rural activities, including, but not
   55  limited to, farming, ranching, historical, cultural, or harvest
   56  your-own, or nature-based activities and attractions. An
   57  activity is an agritourism activity whether or not the
   58  participant paid to participate in the activity.
   59         (2) “Agritourism professional” means any person who is
   60  engaged in the business of providing one or more agritourism
   61  activities, whether or not for compensation.
   62         (3) “Farm” means the land, buildings, support facilities,
   63  machinery, and other appurtenances used in the production of
   64  farm or aquaculture products, including land used to display
   65  plants, animals, farm products, or farm equipment to the public.
   66         (4) “Farm operation” has the same meaning as defined in s.
   67  823.14.
   68         (5) “Inherent risks of agritourism activity” means those
   69  dangers or conditions that are an integral part of an
   70  agritourism activity including certain hazards, such as surface
   71  and subsurface conditions, natural conditions of land,
   72  vegetation, and waters; the behavior of wild or domestic
   73  animals; and the ordinary dangers of structures or equipment
   74  ordinarily used in farming and ranching operations. The term
   75  also includes the potential of a participant to act in a
   76  negligent manner that may contribute to the injury of the
   77  participant or others, including failing to follow the
   78  instructions given by the agritourism professional or failing to
   79  exercise reasonable caution while engaging in the agritourism
   80  activity.
   81         Section 3. Section 570.963, Florida Statutes, is created to
   82  read:
   83         570.963Liability.—
   84         (1) Except as provided in subsection (2), an agritourism
   85  professional, his or her employer or employee, or the owner of
   86  the underlying land on which the agritourism occurs are not
   87  liable for injury or death of, or damage or loss to, a
   88  participant resulting from the inherent risks of agritourism
   89  activities if the notice of risk required under s. 570.964 is
   90  posted as required. Except as provided in subsection (2), a
   91  participant, or a participant’s representative, may not maintain
   92  an action against or recover from an agritourism professional,
   93  his or her employer or employee, and the owner of the underlying
   94  land on which the agritourism occurs for the injury or death of,
   95  or damage or loss to, an agritourism participant resulting
   96  exclusively from any of the inherent risks of agritourism
   97  activities. In any action for damages against an agritourism
   98  professional, his or her employer or employee, and the owner of
   99  the underlying land on which the agritourism occurs for
  100  agritourism activity, the agritourism professional, his or her
  101  employer or employee, and the owner of the underlying land on
  102  which the agritourism occurs must plead the affirmative defense
  103  of assumption of the risk of agritourism activity by the
  104  participant.
  105         (2) In the event of the injury or death of, or damage or
  106  loss to, an agritourism participant, subsection (1) does not
  107  prevent or limit the liability of an agritourism professional or
  108  his or her employer or employee or the owner of the underlying
  109  land on which the agritourism occurs if he or she:
  110         (a) Commits an act that constitutes negligence or willful
  111  or wanton disregard for the safety of the participant, and that
  112  act or omission proximately causes injury, damage, or death to
  113  the participant;
  114         (b) Has actual knowledge or reasonably should have known of
  115  a dangerous condition on the land or in the facilities or
  116  equipment used in the activity does not make the danger known to
  117  the participant, and the danger proximately causes injury,
  118  damage, or death to the participant; or
  119         (c) Intentionally injures the participant.
  120         (3) The limitation on legal liability afforded by this
  121  section to an agritourism professional or his or her employer or
  122  employee or the owner of the underlying land on which the
  123  agritourism occurs is in addition to any limitations of legal
  124  liability otherwise provided by law.
  125         Section 4. Section 570.964, Florida Statutes, is created to
  126  read:
  127         570.964Posting and notification.—
  128         (1)(a) Each agritourism professional shall post and
  129  maintain signs that contain the notice of inherent risk
  130  specified in subsection (2). A sign shall be placed in a clearly
  131  visible location at the entrance to the agritourism location and
  132  at the site of the agritourism activity. The notice of inherent
  133  risk must consist of a sign in black letters, with each letter a
  134  minimum of 1 inch in height, with sufficient color contrast to
  135  be clearly visible.
  136         (b) Each written contract entered into by an agritourism
  137  professional for the providing of professional services,
  138  instruction, or the rental of equipment to a participant,
  139  regardless of whether the contract involves agritourism
  140  activities on or off the location or at the site of the
  141  agritourism activity, must contain in clearly readable print the
  142  notice of inherent risk specified in subsection (2).
  143         (2) The sign and contract required under subsection (1)
  144  must contain the following notice of inherent risk:
  145  
  146                               WARNING                             
  147  
  148         Under Florida law, an agritourism professional is not
  149         liable for injury or death of, or damage or loss to, a
  150         participant in an agritourism activity conducted at
  151         this agritourism location if such injury, death,
  152         damage, or loss results from the inherent risks of the
  153         agritourism activity. Inherent risks of agritourism
  154         activities include, among others, risks of injury
  155         inherent to land, equipment, and animals, as well as
  156         the potential for you to act in a negligent manner
  157         that may contribute to your injury, death, damage, or
  158         loss. You are assuming the risk of participating in
  159         this agritourism activity.
  160  
  161         (3) Failure to comply with the requirements of this
  162  subsection prevents an agritourism professional, his or her
  163  employer or employee, or the owner of the underlying land on
  164  which the agritourism occurs from invoking the privileges of
  165  immunity provided by this section.
  166         Section 5. This act shall take effect July 1, 2013.