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. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 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
anordinance, 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 shallnot 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.