1 | A bill to be entitled |
2 | An act relating to agriculture; creating ss. 570.96- |
3 | 570.962, F.S., relating to agritourism; authorizing the |
4 | Department of Agriculture and Consumer Services to assist |
5 | specified entities in agritourism promotion and marketing |
6 | initiatives; providing definitions; specifying the impact |
7 | of agritourism participation on certain land |
8 | classifications; requiring local governments and |
9 | agricultural representatives to meet to discuss |
10 | agritourism; prescribing duties of the Department of |
11 | Agriculture and Consumer Services with respect to purchase |
12 | and sale of horses; requiring rules; providing that |
13 | provision does not apply to certain sales; creating s. |
14 | 810.125, F.S.; limiting liability for injury to certain |
15 | trespassers on agricultural property; amending s. 810.011, |
16 | F.S.; revising the definition of "posted land" to provide |
17 | an alternative method of posting; amending s. 810.10, |
18 | F.S.; increasing criminal penalties for certain offenses |
19 | relating to notices on posted land; amending s. 810.115, |
20 | F.S.; increasing criminal penalties for certain offenses |
21 | relating to breaking or injuring fences; providing an |
22 | effective date. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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26 | Section 1. Sections 570.96, 570.961, and 570.962, Florida |
27 | Statutes, are created to read: |
28 | 570.96 Agritourism.--The Department of Agriculture and |
29 | Consumer Services may provide marketing advice, technical |
30 | expertise, promotional support, and product development related |
31 | to agritourism to assist the following in their agritourism |
32 | initiatives: the Florida Commission on Tourism; convention and |
33 | visitor bureaus; tourist development councils; economic |
34 | development organizations; and local governments. In carrying |
35 | out this responsibility, the department shall focus its |
36 | agritourism efforts on rural and urban communities. |
37 | 570.961 Definitions.--As used in ss. 570.96-570.962, the |
38 | term: |
39 | (1) "Agritourism activity" means any activity carried out |
40 | on a farm or ranch or in a forest that allows members of the |
41 | general public, for recreational, entertainment, or educational |
42 | purposes, to view or enjoy rural activities, including farming, |
43 | ranching, historical, cultural, harvest-your-own, or nature- |
44 | based activities and attractions. An activity is an agritourism |
45 | activity whether or not the participant paid to participate in |
46 | the activity. |
47 | (2) "Agritourism professional" means any person who is |
48 | engaged in the business of providing one or more agritourism |
49 | activities, whether or not for compensation. |
50 | (3) "Farm" means the land, buildings, support facilities, |
51 | machinery, and other appurtenances used in the production of |
52 | farm or aquaculture products, including land used to display |
53 | plants, animals, farm products, or farm equipment to the public. |
54 | (4) "Farm operation" has the same meaning as defined in s. |
55 | 823.14. |
56 | 570.962 Agritourism participation impact on land |
57 | classification.-- |
58 | (1) In order to promote and perpetuate agriculture |
59 | throughout the state, farm operations are encouraged to engage |
60 | in agritourism. The conduct of agritourism activity on a bona |
61 | fide farm or on agricultural lands classified as such pursuant |
62 | to s. 193.461 shall not limit, restrict, or divest the land of |
63 | that classification. |
64 | (2) Local governments and agricultural representatives |
65 | shall meet for the purpose of discussing the benefits of |
66 | agritourism to local economies and opportunities for |
67 | cooperation, conflict resolution, regulatory streamlining, and |
68 | incentives. |
69 | Section 2. (1) The Department of Agriculture and Consumer |
70 | Services shall examine the conditions surrounding the sale and |
71 | purchase of horses and shall adopt rules pursuant to ss. |
72 | 120.536(1) and 120.54, Florida Statutes, to prevent unfair or |
73 | deceptive trade practices. Vertical integration of services and |
74 | employees, in and of itself, shall not be considered an unfair |
75 | or deceptive practice. The department's examination shall |
76 | include the following: the disclosure of the legal owner and |
77 | buyer of the horse and any dual agency to the buyer and seller; |
78 | the disclosure of relevant medical conditions, defects, and |
79 | surgeries; the conduct or alterations that could affect the |
80 | performance of a horse; and the need for a written bill of sale |
81 | or similar documentation. |
82 | (2) This provision shall not apply to sales resulting from |
83 | claiming races at licensed pari-mutuel facilities. |
84 | Section 3. Section 810.125, Florida Statutes, is created |
85 | to read: |
86 | 810.125 Injury to certain trespassers on agricultural |
87 | land; recovery limited.--A person or organization owning, |
88 | controlling, or possessing an interest in agricultural real |
89 | property, or an agent of such person or organization, shall not |
90 | be held liable for negligence related to such property that |
91 | results in the death of, injury to, or damage to a person who |
92 | has engaged or is engaging in conduct on the property that is |
93 | unlawful under either s. 810.10 or s. 810.115 or unlawful |
94 | trespassing by such person incident to such conduct on the |
95 | property. |
96 | Section 4. Subsection (5) of section 810.011, Florida |
97 | Statutes, is amended to read: |
98 | 810.011 Definitions.--As used in this chapter: |
99 | (5)(a) "Posted land" is that land upon which: |
100 | 1. Signs are placed not more than 500 feet apart along, |
101 | and at each corner of, the boundaries of the land, upon which |
102 | signs there appears prominently, in letters of not less than 2 |
103 | inches in height, the words "no trespassing" and in addition |
104 | thereto the name of the owner, lessee, or occupant of said land. |
105 | Said signs shall be placed along the boundary line of posted |
106 | land in a manner and in such position as to be clearly |
107 | noticeable from outside the boundary line; or. |
108 | 2.a. Conspicuous no trespassing notice is painted on trees |
109 | or posts on the property, provided that the notice is: |
110 | (I) Painted in an international orange color and |
111 | displaying the stenciled words "No Trespassing" in letters no |
112 | less than 2 inches high and 1 inch wide either vertically or |
113 | horizontally; |
114 | (II) Placed so that the bottom of the painted notice is |
115 | not less than 3 feet from the ground or more than 5 feet from |
116 | the ground; and |
117 | (III) Placed at locations that are readily visible to any |
118 | person approaching the property and no more than 500 feet apart |
119 | on agricultural land. |
120 | b. Beginning October 1, 2007, when a landowner uses the |
121 | painted no trespassing posting to identify a "no trespassing" |
122 | area, those painted notices shall be accompanied by signs |
123 | complying with subparagraph 1. and placed conspicuously at all |
124 | places where entry to the property is normally expected or known |
125 | to occur. |
126 | (b) It shall not be necessary to give notice by posting on |
127 | any enclosed land or place not exceeding 5 acres in area on |
128 | which there is a dwelling house in order to obtain the benefits |
129 | of ss. 810.09 and 810.12 pertaining to trespass on enclosed |
130 | lands. |
131 | Section 5. Section 810.10, Florida Statutes, is amended to |
132 | read: |
133 | 810.10 Posted land; removing notices unlawful; penalty.-- |
134 | (1) It is unlawful for any person to willfully remove, |
135 | destroy, mutilate, or commit any act designed to remove, |
136 | mutilate, or reduce the legibility or effectiveness of any |
137 | posted notice placed by the owner, tenant, lessee, or occupant |
138 | of legally enclosed or legally posted land pursuant to any law |
139 | of this state for the purpose of legally enclosing the same. |
140 | (2) Any person violating the provisions of this section |
141 | commits shall be guilty of a misdemeanor of the first second |
142 | degree, punishable as provided in s. 775.082 or s. 775.083. |
143 | Section 6. Subsection (1) of section 810.115, Florida |
144 | Statutes, is amended to read: |
145 | 810.115 Breaking or injuring fences.-- |
146 | (1) Whoever willfully and maliciously breaks down, mars, |
147 | injures, defaces, cuts, or otherwise creates or causes to be |
148 | created an opening, gap, interruption, or break in any fence, or |
149 | any part thereof, belonging to or enclosing land not his or her |
150 | own, or whoever causes to be broken down, marred, injured, |
151 | defaced, or cut any fence belonging to or enclosing land not his |
152 | or her own, commits a misdemeanor of the first degree, |
153 | punishable as provided in s. 775.082 or s. 775.083. A person who |
154 | commits a second or subsequent offense under this subsection |
155 | commits a felony of the third degree, punishable as provided in |
156 | s. 775.082, s. 775.083, or s. 775.084. |
157 | Section 7. This act shall take effect upon becoming a law. |