Senate Bill sb2754c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                    CS for CS for SB 2754

    By the Committees on Community Affairs; Agriculture; and
    Senator Haridopolos




    578-2548-07

  1                      A bill to be entitled

  2         An act relating to agriculture; creating ss.

  3         570.96-570.962, F.S., relating to agritourism;

  4         directing the Department of Agriculture and

  5         Consumer Services to assist specified entities

  6         in agritourism promotion and marketing

  7         initiatives; providing definitions; specifying

  8         the impact of agritourism participation on

  9         certain classifications; requiring local

10         governments and agricultural representatives to

11         meet and discuss specific issues related to

12         agritourism; prescribing duties of the

13         department with respect to the purchase and

14         sale of horses; authorizing rules; providing an

15         effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Sections 570.96, 570.961, and 570.962,

20  Florida Statutes, are created to read:

21         570.96  Agritourism.--The Department of Agriculture and

22  Consumer Services may provide marketing advice, technical

23  expertise, promotional support, and product development

24  related to agritourism to assist the following in their

25  agritourism initiatives: the Florida Commission on Tourism,

26  convention and visitor bureaus, tourist development councils,

27  economic development organizations, and local governments. In

28  carrying out this responsibility, the department shall focus

29  its agritourism efforts on fostering agritourism in rural and

30  urban communities.

31  

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    Florida Senate - 2007                    CS for CS for SB 2754
    578-2548-07




 1         570.961  Definitions.--As used in ss. 570.96-570.962,

 2  the term:

 3         (1)  "Agritourism activity" means any activity carried

 4  out on a farm or ranch or in a forest that allows members of

 5  the general public, for recreational, entertainment, or

 6  educational purposes, to view or enjoy rural activities,

 7  including farming, ranching, historical, cultural,

 8  harvest-your-own, or nature-based activities and attractions.

 9  An activity is an agritourism activity whether or not the

10  participant paid to participate in the activity.

11         (2)  "Agritourism professional" means any person who is

12  engaged in the business of providing one or more agritourism

13  activities, whether or not for compensation.

14         (3)  "Farm" means the land, buildings, support

15  facilities, machinery, and other appurtenances used in the

16  production of farm or aquaculture products, including land

17  used to display plants, animals, farm products, or farm

18  equipment to the public.

19         (4)  "Farm operation" has the same meaning as in s.

20  823.14.

21         570.962  Agritourism participation impact on land

22  classification.--

23         (1)  In order to promote and perpetuate agriculture

24  throughout the state, farm operations are encouraged to engage

25  in agritourism. The conduct of agritourism activity on a bona

26  fide farm or on agricultural lands classified as such pursuant

27  to s. 193.461 shall not limit, restrict, or divest the land of

28  that classification.

29         (2)  Local governments and agricultural representatives

30  shall meet for the purpose of discussing the benefits of

31  agritourism to local economies and opportunities for

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    Florida Senate - 2007                    CS for CS for SB 2754
    578-2548-07




 1  cooperation, conflict resolution, regulatory streamlining, and

 2  incentives.

 3         Section 2.  The Department of Agriculture and Consumer

 4  Services shall examine the conditions surrounding the sale and

 5  purchase of horses and shall adopt rules to prevent unfair or

 6  deceptive trade practices. The department's examination shall

 7  include, but need not be limited to, the disclosure of the

 8  legal owner and buyer of the horse and any dual agency to the

 9  buyer and the seller; the disclosure of relevant medical

10  conditions, defects, or surgeries; the need for a written bill

11  of sale or similar documentation; and disclosure of

12  alterations to the appearance or performance of a horse prior

13  to sale.

14         Section 3.  This act shall take effect upon becoming a

15  law.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                            CS/SB 2754

19                                 

20  The committee substitute for committee substitute (CS)
    requires local governments and agricultural representatives to
21  meet for the purposes of discussing specific issues related to
    agritourism. It also requires the Department of Agriculture
22  and Consumer Services to examine the conditions surrounding
    the sale and purchase of horses and do adopt rules to prevent
23  unfair or deceptive trade practices.

24  The CS deletes language preempting local government permitting
    with respect to agritourism. It also deletes language relating
25  to Florida Farm Winery certifications.

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CODING: Words stricken are deletions; words underlined are additions.