Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 304 Ì408522ÆÎ408522 LEGISLATIVE ACTION Senate . House Comm: RCS . 11/17/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (1) of section 570.85, Florida 6 Statutes, is amended to read: 7 570.85 Agritourism.— 8 (1) It is the intent of the Legislature to promote 9 agritourism as a way to support bona fide agricultural 10 production by providing a secondary stream of revenue for and by 11 educating the general public about the agricultural industry. It 12 is also the intent of the Legislature to eliminate duplication 13 of regulatory authority over agritourism as expressed in this 14 section. Except as otherwise provided for in this section, and 15 notwithstanding any other provision of law, a local government 16 may not adopt or enforce a local
anordinance, regulation, rule, 17 or policy that prohibits, restricts, regulates, or otherwise 18 limits an agritourism activity on land classified as 19 agricultural land under s. 193.461. This subsection does not 20 limit the powers and duties of a local government to address an 21 emergency as provided in chapter 252. 22 Section 2. Subsection (1) of section 570.86, Florida 23 Statutes, is amended to read: 24 570.86 Definitions.—As used in ss. 570.85-570.89, the term: 25 (1) “Agritourism activity” means any agricultural related 26 activity consistent with a bona fide farm or ranch or in a 27 working forest which allows members of the general public, for 28 recreational, entertainment, or educational purposes, to view or 29 enjoy activities, including farming, ranching, historical, 30 cultural, civic, ceremonial, or harvest-your-own activities and 31 attractions. An agritourism activity does not include the 32 construction of new or additional structures or facilities 33 intended primarily to house, shelter, transport, or otherwise 34 accommodate members of the general public. An activity is an 35 agritourism activity regardless of whether the participant paid 36 to participate in the activity. 37 Section 3. Subsection (1) of section 570.87, Florida 38 Statutes, is amended to read: 39 570.87 Agritourism participation impact on land 40 classification.— 41 (1) In order to promote and perpetuate agriculture 42 throughout the state, farm operations are encouraged to engage 43 in agritourism. The conduct of agritourism activity on a bona 44 fide farm or on agricultural lands classified as such pursuant 45 to s. 193.461 may shallnot limit, restrict, or divest the land 46 of that classification as long as such lands classified as 47 agricultural remain used primarily for bona fide agricultural 48 purposes. 49 Section 4. This act shall take effect July 1, 2016. 50 51 ================= T I T L E A M E N D M E N T ================ 52 And the title is amended as follows: 53 Delete everything before the enacting clause 54 and insert: 55 A bill to be entitled 56 An act relating to agritourism; amending s. 570.85, 57 F.S.; providing additional legislative intent; 58 prohibiting a local government from enforcing a local 59 ordinance, regulation, rule, or policy that prohibits, 60 restricts, regulates, or otherwise limits an 61 agritourism activity on lands classified as 62 agricultural; amending s. 570.86, F.S.; revising the 63 definition of the term “agritourism activity” to 64 include civic and ceremonial activities; amending s. 65 570.87, F.S.; specifying that the conduct of 66 agritourism activity on a bona fide farm or on 67 agricultural lands may not limit, restrict, or divest 68 the land of that classification, provided that such 69 lands remain used primarily for bona fide agricultural 70 purposes; providing an effective date.