Florida Senate - 2016                              CS for SB 304
       By the Committee on Community Affairs; and Senator Stargel
       578-01298-16                                           2016304c1
    1                        A bill to be entitled                      
    2         An act relating to agritourism; amending s. 570.85,
    3         F.S.; providing additional legislative intent;
    4         prohibiting a local government from enforcing a local
    5         ordinance, regulation, rule, or policy that prohibits,
    6         restricts, regulates, or otherwise limits an
    7         agritourism activity on lands classified as
    8         agricultural in an unincorporated area; amending s.
    9         570.86, F.S.; revising the definition of the term
   10         “agritourism activity” to include civic and ceremonial
   11         activities; amending s. 570.87, F.S.; specifying that
   12         the conduct of agritourism activity on a bona fide
   13         farm or on agricultural lands may not limit, restrict,
   14         or divest the land of that classification, provided
   15         that such lands remain used primarily for bona fide
   16         agricultural purposes; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Subsection (1) of section 570.85, Florida
   21  Statutes, is amended to read:
   22         570.85 Agritourism.—
   23         (1) It is the intent of the Legislature to promote
   24  agritourism as a way to support bona fide agricultural
   25  production by providing a secondary stream of revenue for and by
   26  educating the general public about the agricultural industry. It
   27  is also the intent of the Legislature to eliminate duplication
   28  of regulatory authority over agritourism as expressed in this
   29  section. Except as otherwise provided for in this section, and
   30  notwithstanding any other provision of law, a local government
   31  may not adopt or enforce a local an ordinance, regulation, rule,
   32  or policy that prohibits, restricts, regulates, or otherwise
   33  limits an agritourism activity on land classified as
   34  agricultural land under s. 193.461 in an unincorporated area.
   35  This subsection does not limit the powers and duties of a local
   36  government to address an emergency as provided in chapter 252.
   37         Section 2. Subsection (1) of section 570.86, Florida
   38  Statutes, is amended to read:
   39         570.86 Definitions.—As used in ss. 570.85-570.89, the term:
   40         (1) “Agritourism activity” means any agricultural related
   41  activity consistent with a bona fide farm or ranch or in a
   42  working forest which allows members of the general public, for
   43  recreational, entertainment, or educational purposes, to view or
   44  enjoy activities, including farming, ranching, historical,
   45  cultural, civic, ceremonial, or harvest-your-own activities and
   46  attractions. An agritourism activity does not include the
   47  construction of new or additional structures or facilities
   48  intended primarily to house, shelter, transport, or otherwise
   49  accommodate members of the general public. An activity is an
   50  agritourism activity regardless of whether the participant paid
   51  to participate in the activity.
   52         Section 3. Subsection (1) of section 570.87, Florida
   53  Statutes, is amended to read:
   54         570.87 Agritourism participation impact on land
   55  classification.—
   56         (1) In order to promote and perpetuate agriculture
   57  throughout the state, farm operations are encouraged to engage
   58  in agritourism. The conduct of agritourism activity on a bona
   59  fide farm or on agricultural lands classified as such pursuant
   60  to s. 193.461 may shall not limit, restrict, or divest the land
   61  of that classification as long as such lands classified as
   62  agricultural remain used primarily for bona fide agricultural
   63  purposes.
   64         Section 4. This act shall take effect July 1, 2016.