Florida Senate - 2016                       CS for CS for SB 304
       By the Committees on Fiscal Policy; and Community Affairs; and
       Senator Stargel
       594-02138-16                                           2016304c2
    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; specifying that certain local authority
    9         may not be limited under certain circumstances;
   10         amending s. 570.86, F.S.; revising the definition of
   11         the term “agritourism activity” to include civic and
   12         ceremonial activities; amending s. 570.87, F.S.;
   13         specifying that the conduct of agritourism activity on
   14         a bona fide farm or on agricultural lands may not
   15         limit, restrict, or divest the land of that
   16         classification, provided that such lands remain used
   17         primarily for bona fide agricultural purposes;
   18         providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsection (1) of section 570.85, Florida
   23  Statutes, is amended to read:
   24         570.85 Agritourism.—
   25         (1) It is the intent of the Legislature to promote
   26  agritourism as a way to support bona fide agricultural
   27  production by providing a secondary stream of revenue for and by
   28  educating the general public about the agricultural industry. It
   29  is also the intent of the Legislature to eliminate duplication
   30  of regulatory authority over agritourism as expressed in this
   31  section. Except as otherwise provided for in this section, and
   32  notwithstanding any other provision of law, a local government
   33  may not adopt or enforce a local an ordinance, regulation, rule,
   34  or policy that prohibits, restricts, regulates, or otherwise
   35  limits an agritourism activity on land classified as
   36  agricultural land under s. 193.461. This subsection does not
   37  limit the powers and duties of a local government to address
   38  substantial off-site impacts of agritourism activities or an
   39  emergency as provided in chapter 252.
   40         Section 2. Subsection (1) of section 570.86, Florida
   41  Statutes, is amended to read:
   42         570.86 Definitions.—As used in ss. 570.85-570.89, the term:
   43         (1) “Agritourism activity” means any agricultural related
   44  activity consistent with a bona fide farm or ranch or in a
   45  working forest which allows members of the general public, for
   46  recreational, entertainment, or educational purposes, to view or
   47  enjoy activities, including farming, ranching, historical,
   48  cultural, civic, ceremonial, or harvest-your-own activities and
   49  attractions. An agritourism activity does not include the
   50  construction of new or additional structures or facilities
   51  intended primarily to house, shelter, transport, or otherwise
   52  accommodate members of the general public. An activity is an
   53  agritourism activity regardless of whether the participant paid
   54  to participate in the activity.
   55         Section 3. Subsection (1) of section 570.87, Florida
   56  Statutes, is amended to read:
   57         570.87 Agritourism participation impact on land
   58  classification.—
   59         (1) In order to promote and perpetuate agriculture
   60  throughout the state, farm operations are encouraged to engage
   61  in agritourism. The conduct of agritourism activity on a bona
   62  fide farm or on agricultural lands classified as such pursuant
   63  to s. 193.461 may shall not limit, restrict, or divest the land
   64  of that classification as long as such lands classified as
   65  agricultural remain used primarily for bona fide agricultural
   66  purposes.
   67         Section 4. This act shall take effect July 1, 2016.