ENROLLED
       2022 Legislature                                         SB 1186
       
       
       
       
       
       
                                                             20221186er
    1  
    2         An act relating to agritourism; amending s. 570.85,
    3         F.S.; revising legislative intent regarding the
    4         promotion of agritourism; amending s. 570.87, F.S.;
    5         prohibiting the denial or revocation of a property’s
    6         agricultural classification under certain
    7         circumstances; requiring certain farm buildings,
    8         structures, facilities, or other improvements to be
    9         assessed according to specified provisions; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (1) of section 570.85, Florida
   15  Statutes, is amended to read:
   16         570.85 Agritourism.—
   17         (1) It is the intent of the Legislature to promote
   18  agritourism as a way to support bona fide agricultural
   19  production by providing a secondary stream of revenue and by
   20  educating the general public about the agricultural industry. It
   21  is also the intent of the Legislature to eliminate duplication
   22  of regulatory authority over agritourism as expressed in this
   23  section. Except as otherwise provided for in this section, and
   24  notwithstanding any other provision of law, a local government
   25  may not adopt or enforce a local ordinance, regulation, rule, or
   26  policy that prohibits, restricts, regulates, or otherwise limits
   27  an agritourism activity on land classified as agricultural land
   28  under s. 193.461. This subsection does not limit the powers and
   29  duties of a local government to address substantial offsite
   30  impacts of agritourism activities or an emergency as provided in
   31  chapter 252.
   32         Section 2. Subsection (1) of section 570.87, Florida
   33  Statutes, is amended to read:
   34         570.87 Agritourism participation impact on land
   35  classification.—
   36         (1) In order to promote and perpetuate agriculture
   37  throughout this the state, farm operations are encouraged to
   38  engage in agritourism. An agricultural classification pursuant
   39  to s. 193.461 may not be denied or revoked solely due to the
   40  conduct of agritourism activity on a bona fide farm or the
   41  construction, alteration, or maintenance of a nonresidential
   42  farm building, structure, or facility on a bona fide farm which
   43  is used to conduct agritourism activities. So long as the
   44  building, structure, or facility is an integral part of the
   45  agricultural operation, the land it occupies shall be considered
   46  agricultural in nature. However, such buildings, structures, and
   47  facilities, and other improvements on the land, must be assessed
   48  under s. 193.011 at their just value and added to the
   49  agriculturally assessed value of the land on agricultural lands
   50  classified as such pursuant to s. 193.461 does not limit,
   51  restrict, or divest the land of that classification as long as
   52  such lands classified as agricultural remain used primarily for
   53  bona fide agricultural purposes.
   54         Section 3. This act shall take effect July 1, 2022.