| 1 | A bill to be entitled |
| 2 | An act relating to agriculture; creating ss. 570.96- |
| 3 | 570.962, F.S., relating to agritourism; authorizing the |
| 4 | Department of Agriculture and Consumer Services to assist |
| 5 | specified entities in agritourism promotion and marketing |
| 6 | initiatives; providing definitions; specifying the impact |
| 7 | of agritourism participation on certain land |
| 8 | classifications; requiring local governments and |
| 9 | agricultural representatives to meet to discuss |
| 10 | agritourism; prescribing duties of the Department of |
| 11 | Agriculture and Consumer Services with respect to purchase |
| 12 | and sale of horses; requiring rules; providing that |
| 13 | provision does not apply to certain sales; providing an |
| 14 | effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Sections 570.96, 570.961, and 570.962, Florida |
| 19 | Statutes, are created to read: |
| 20 | 570.96 Agritourism.--The Department of Agriculture and |
| 21 | Consumer Services may provide marketing advice, technical |
| 22 | expertise, promotional support, and product development related |
| 23 | to agritourism to assist the following in their agritourism |
| 24 | initiatives: the Florida Commission on Tourism; convention and |
| 25 | visitor bureaus; tourist development councils; economic |
| 26 | development organizations; and local governments. In carrying |
| 27 | out this responsibility, the department shall focus its |
| 28 | agritourism efforts on rural and urban communities. |
| 29 | 570.961 Definitions.--As used in ss. 570.96-570.962, the |
| 30 | term: |
| 31 | (1) "Agritourism activity" means any activity carried out |
| 32 | on a farm or ranch or in a forest that allows members of the |
| 33 | general public, for recreational, entertainment, or educational |
| 34 | purposes, to view or enjoy rural activities, including farming, |
| 35 | ranching, historical, cultural, harvest-your-own, or nature- |
| 36 | based activities and attractions. An activity is an agritourism |
| 37 | activity whether or not the participant paid to participate in |
| 38 | the activity. |
| 39 | (2) "Agritourism professional" means any person who is |
| 40 | engaged in the business of providing one or more agritourism |
| 41 | activities, whether or not for compensation. |
| 42 | (3) "Farm" means the land, buildings, support facilities, |
| 43 | machinery, and other appurtenances used in the production of |
| 44 | farm or aquaculture products, including land used to display |
| 45 | plants, animals, farm products, or farm equipment to the public. |
| 46 | (4) "Farm operation" has the same meaning as defined in s. |
| 47 | 823.14. |
| 48 | 570.962 Agritourism participation impact on land |
| 49 | classification.-- |
| 50 | (1) In order to promote and perpetuate agriculture |
| 51 | throughout the state, farm operations are encouraged to engage |
| 52 | in agritourism. The conduct of agritourism activity on a bona |
| 53 | fide farm or on agricultural lands classified as such pursuant |
| 54 | to s. 193.461 shall not limit, restrict, or divest the land of |
| 55 | that classification. |
| 56 | (2) Local governments and agricultural representatives |
| 57 | shall meet for the purpose of discussing the benefits of |
| 58 | agritourism to local economies and opportunities for |
| 59 | cooperation, conflict resolution, regulatory streamlining, and |
| 60 | incentives. |
| 61 | Section 2. (1) The Department of Agriculture and Consumer |
| 62 | Services shall examine the conditions surrounding the sale and |
| 63 | purchase of horses and shall adopt rules to prevent unfair or |
| 64 | deceptive trade practices. The department's examination shall |
| 65 | include, but not be limited to, the following: the disclosure of |
| 66 | the legal owner and buyer of the horse and any dual agency to |
| 67 | the buyer and the seller; the disclosure of relevant medical |
| 68 | conditions, defects, or surgeries; the need for a written bill |
| 69 | of sale or similar documentation; and disclosure of alterations |
| 70 | to the appearance or performance of a horse prior to sale. |
| 71 | (2) This provision shall not apply to sales resulting from |
| 72 | claiming races at licensed pari-mutuel facilities. |
| 73 | Section 3. This act shall take effect upon becoming a law. |