Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 304
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  11/17/2015           .                                

       The Committee on Community Affairs (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    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 an ordinance, 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 shall not 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.
   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.