| 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; creating s. |
| 14 | 810.125, F.S.; limiting liability for injury to certain |
| 15 | trespassers on agricultural property; amending s. 810.011, |
| 16 | F.S.; revising the definition of "posted land" to provide |
| 17 | an alternative method of posting; amending s. 810.10, |
| 18 | F.S.; increasing criminal penalties for certain offenses |
| 19 | relating to notices on posted land; amending s. 810.115, |
| 20 | F.S.; increasing criminal penalties for certain offenses |
| 21 | relating to breaking or injuring fences; providing an |
| 22 | effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Sections 570.96, 570.961, and 570.962, Florida |
| 27 | Statutes, are created to read: |
| 28 | 570.96 Agritourism.--The Department of Agriculture and |
| 29 | Consumer Services may provide marketing advice, technical |
| 30 | expertise, promotional support, and product development related |
| 31 | to agritourism to assist the following in their agritourism |
| 32 | initiatives: the Florida Commission on Tourism; convention and |
| 33 | visitor bureaus; tourist development councils; economic |
| 34 | development organizations; and local governments. In carrying |
| 35 | out this responsibility, the department shall focus its |
| 36 | agritourism efforts on rural and urban communities. |
| 37 | 570.961 Definitions.--As used in ss. 570.96-570.962, the |
| 38 | term: |
| 39 | (1) "Agritourism activity" means any activity carried out |
| 40 | on a farm or ranch or in a forest that allows members of the |
| 41 | general public, for recreational, entertainment, or educational |
| 42 | purposes, to view or enjoy rural activities, including farming, |
| 43 | ranching, historical, cultural, harvest-your-own, or nature- |
| 44 | based activities and attractions. An activity is an agritourism |
| 45 | activity whether or not the participant paid to participate in |
| 46 | the activity. |
| 47 | (2) "Agritourism professional" means any person who is |
| 48 | engaged in the business of providing one or more agritourism |
| 49 | activities, whether or not for compensation. |
| 50 | (3) "Farm" means the land, buildings, support facilities, |
| 51 | machinery, and other appurtenances used in the production of |
| 52 | farm or aquaculture products, including land used to display |
| 53 | plants, animals, farm products, or farm equipment to the public. |
| 54 | (4) "Farm operation" has the same meaning as defined in s. |
| 55 | 823.14. |
| 56 | 570.962 Agritourism participation impact on land |
| 57 | classification.-- |
| 58 | (1) In order to promote and perpetuate agriculture |
| 59 | throughout the state, farm operations are encouraged to engage |
| 60 | in agritourism. The conduct of agritourism activity on a bona |
| 61 | fide farm or on agricultural lands classified as such pursuant |
| 62 | to s. 193.461 shall not limit, restrict, or divest the land of |
| 63 | that classification. |
| 64 | (2) Local governments and agricultural representatives |
| 65 | shall meet for the purpose of discussing the benefits of |
| 66 | agritourism to local economies and opportunities for |
| 67 | cooperation, conflict resolution, regulatory streamlining, and |
| 68 | incentives. |
| 69 | Section 2. (1) The Department of Agriculture and Consumer |
| 70 | Services shall examine the conditions surrounding the sale and |
| 71 | purchase of horses and shall adopt rules pursuant to ss. |
| 72 | 120.536(1) and 120.54, Florida Statutes, to prevent unfair or |
| 73 | deceptive trade practices. Vertical integration of services and |
| 74 | employees, in and of itself, shall not be considered an unfair |
| 75 | or deceptive practice. The department's examination shall |
| 76 | include the following: the disclosure of the legal owner and |
| 77 | buyer of the horse and any dual agency to the buyer and seller; |
| 78 | the disclosure of relevant medical conditions, defects, and |
| 79 | surgeries; the conduct or alterations that could affect the |
| 80 | performance of a horse; and the need for a written bill of sale |
| 81 | or similar documentation. |
| 82 | (2) This provision shall not apply to sales resulting from |
| 83 | claiming races at licensed pari-mutuel facilities. |
| 84 | Section 3. Section 810.125, Florida Statutes, is created |
| 85 | to read: |
| 86 | 810.125 Injury to certain trespassers on agricultural |
| 87 | land; recovery limited.--A person or organization owning, |
| 88 | controlling, or possessing an interest in agricultural real |
| 89 | property, or an agent of such person or organization, shall not |
| 90 | be held liable for negligence related to such property that |
| 91 | results in the death of, injury to, or damage to a person who |
| 92 | has engaged or is engaging in conduct on the property that is |
| 93 | unlawful under either s. 810.10 or s. 810.115 or unlawful |
| 94 | trespassing by such person incident to such conduct on the |
| 95 | property. |
| 96 | Section 4. Subsection (5) of section 810.011, Florida |
| 97 | Statutes, is amended to read: |
| 98 | 810.011 Definitions.--As used in this chapter: |
| 99 | (5)(a) "Posted land" is that land upon which: |
| 100 | 1. Signs are placed not more than 500 feet apart along, |
| 101 | and at each corner of, the boundaries of the land, upon which |
| 102 | signs there appears prominently, in letters of not less than 2 |
| 103 | inches in height, the words "no trespassing" and in addition |
| 104 | thereto the name of the owner, lessee, or occupant of said land. |
| 105 | Said signs shall be placed along the boundary line of posted |
| 106 | land in a manner and in such position as to be clearly |
| 107 | noticeable from outside the boundary line; or. |
| 108 | 2.a. Conspicuous no trespassing notice is painted on trees |
| 109 | or posts on the property, provided that the notice is: |
| 110 | (I) Painted in an international orange color and |
| 111 | displaying the stenciled words "No Trespassing" in letters no |
| 112 | less than 2 inches high and 1 inch wide either vertically or |
| 113 | horizontally; |
| 114 | (II) Placed so that the bottom of the painted notice is |
| 115 | not less than 3 feet from the ground or more than 5 feet from |
| 116 | the ground; and |
| 117 | (III) Placed at locations that are readily visible to any |
| 118 | person approaching the property and no more than 500 feet apart |
| 119 | on agricultural land. |
| 120 | b. Beginning October 1, 2007, when a landowner uses the |
| 121 | painted no trespassing posting to identify a "no trespassing" |
| 122 | area, those painted notices shall be accompanied by signs |
| 123 | complying with subparagraph 1. and placed conspicuously at all |
| 124 | places where entry to the property is normally expected or known |
| 125 | to occur. |
| 126 | (b) It shall not be necessary to give notice by posting on |
| 127 | any enclosed land or place not exceeding 5 acres in area on |
| 128 | which there is a dwelling house in order to obtain the benefits |
| 129 | of ss. 810.09 and 810.12 pertaining to trespass on enclosed |
| 130 | lands. |
| 131 | Section 5. Section 810.10, Florida Statutes, is amended to |
| 132 | read: |
| 133 | 810.10 Posted land; removing notices unlawful; penalty.-- |
| 134 | (1) It is unlawful for any person to willfully remove, |
| 135 | destroy, mutilate, or commit any act designed to remove, |
| 136 | mutilate, or reduce the legibility or effectiveness of any |
| 137 | posted notice placed by the owner, tenant, lessee, or occupant |
| 138 | of legally enclosed or legally posted land pursuant to any law |
| 139 | of this state for the purpose of legally enclosing the same. |
| 140 | (2) Any person violating the provisions of this section |
| 141 | commits shall be guilty of a misdemeanor of the first second |
| 142 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 143 | Section 6. Subsection (1) of section 810.115, Florida |
| 144 | Statutes, is amended to read: |
| 145 | 810.115 Breaking or injuring fences.-- |
| 146 | (1) Whoever willfully and maliciously breaks down, mars, |
| 147 | injures, defaces, cuts, or otherwise creates or causes to be |
| 148 | created an opening, gap, interruption, or break in any fence, or |
| 149 | any part thereof, belonging to or enclosing land not his or her |
| 150 | own, or whoever causes to be broken down, marred, injured, |
| 151 | defaced, or cut any fence belonging to or enclosing land not his |
| 152 | or her own, commits a misdemeanor of the first degree, |
| 153 | punishable as provided in s. 775.082 or s. 775.083. A person who |
| 154 | commits a second or subsequent offense under this subsection |
| 155 | commits a felony of the third degree, punishable as provided in |
| 156 | s. 775.082, s. 775.083, or s. 775.084. |
| 157 | Section 7. This act shall take effect upon becoming a law. |