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. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 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
anordinance, 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 shallnot 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.