CS/HB 1427

1
A bill to be entitled
2An act relating to agriculture; creating ss. 570.96-
3570.962, F.S., relating to agritourism; authorizing the
4Department of Agriculture and Consumer Services to assist
5specified entities in agritourism promotion and marketing
6initiatives; providing definitions; specifying the impact
7of agritourism participation on certain land
8classifications; requiring local governments and
9agricultural representatives to meet to discuss
10agritourism; prescribing duties of the Department of
11Agriculture and Consumer Services with respect to purchase
12and sale of horses; requiring rules; providing that
13provision does not apply to certain sales; creating s.
14810.125, F.S.; limiting liability for injury to certain
15trespassers on agricultural property; amending s. 810.011,
16F.S.; revising the definition of "posted land" to provide
17an alternative method of posting; amending s. 810.10,
18F.S.; increasing criminal penalties for certain offenses
19relating to notices on posted land; amending s. 810.115,
20F.S.; increasing criminal penalties for certain offenses
21relating to breaking or injuring fences; providing an
22effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Sections 570.96, 570.961, and 570.962, Florida
27Statutes, are created to read:
28     570.96  Agritourism.--The Department of Agriculture and
29Consumer Services may provide marketing advice, technical
30expertise, promotional support, and product development related
31to agritourism to assist the following in their agritourism
32initiatives: the Florida Commission on Tourism; convention and
33visitor bureaus; tourist development councils; economic
34development organizations; and local governments. In carrying
35out this responsibility, the department shall focus its
36agritourism efforts on rural and urban communities.
37     570.961  Definitions.--As used in ss. 570.96-570.962, the
38term:
39     (1)  "Agritourism activity" means any activity carried out
40on a farm or ranch or in a forest that allows members of the
41general public, for recreational, entertainment, or educational
42purposes, to view or enjoy rural activities, including farming,
43ranching, historical, cultural, harvest-your-own, or nature-
44based activities and attractions. An activity is an agritourism
45activity whether or not the participant paid to participate in
46the activity.
47     (2)  "Agritourism professional" means any person who is
48engaged in the business of providing one or more agritourism
49activities, whether or not for compensation.
50     (3)  "Farm" means the land, buildings, support facilities,
51machinery, and other appurtenances used in the production of
52farm or aquaculture products, including land used to display
53plants, animals, farm products, or farm equipment to the public.
54     (4)  "Farm operation" has the same meaning as defined in s.
55823.14.
56     570.962  Agritourism participation impact on land
57classification.--
58     (1)  In order to promote and perpetuate agriculture
59throughout the state, farm operations are encouraged to engage
60in agritourism. The conduct of agritourism activity on a bona
61fide farm or on agricultural lands classified as such pursuant
62to s. 193.461 shall not limit, restrict, or divest the land of
63that classification.
64     (2)  Local governments and agricultural representatives
65shall meet for the purpose of discussing the benefits of
66agritourism to local economies and opportunities for
67cooperation, conflict resolution, regulatory streamlining, and
68incentives.
69     Section 2.  (1)  The Department of Agriculture and Consumer
70Services shall examine the conditions surrounding the sale and
71purchase of horses and shall adopt rules pursuant to ss.
72120.536(1) and 120.54, Florida Statutes, to prevent unfair or
73deceptive trade practices. Vertical integration of services and
74employees, in and of itself, shall not be considered an unfair
75or deceptive practice. The department's examination shall
76include the following: the disclosure of the legal owner and
77buyer of the horse and any dual agency to the buyer and seller;
78the disclosure of relevant medical conditions, defects, and
79surgeries; the conduct or alterations that could affect the
80performance of a horse; and the need for a written bill of sale
81or similar documentation.
82     (2)  This provision shall not apply to sales resulting from
83claiming races at licensed pari-mutuel facilities.
84     Section 3.  Section 810.125, Florida Statutes, is created
85to read:
86     810.125  Injury to certain trespassers on agricultural
87land; recovery limited.--A person or organization owning,
88controlling, or possessing an interest in agricultural real
89property, or an agent of such person or organization, shall not
90be held liable for negligence related to such property that
91results in the death of, injury to, or damage to a person who
92has engaged or is engaging in conduct on the property that is
93unlawful under either s. 810.10 or s. 810.115 or unlawful
94trespassing by such person incident to such conduct on the
95property.
96     Section 4.  Subsection (5) of section 810.011, Florida
97Statutes, 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,
101and at each corner of, the boundaries of the land, upon which
102signs there appears prominently, in letters of not less than 2
103inches in height, the words "no trespassing" and in addition
104thereto the name of the owner, lessee, or occupant of said land.
105Said signs shall be placed along the boundary line of posted
106land in a manner and in such position as to be clearly
107noticeable from outside the boundary line; or.
108     2.a.  Conspicuous no trespassing notice is painted on trees
109or posts on the property, provided that the notice is:
110     (I)  Painted in an international orange color and
111displaying the stenciled words "No Trespassing" in letters no
112less than 2 inches high and 1 inch wide either vertically or
113horizontally;
114     (II)  Placed so that the bottom of the painted notice is
115not less than 3 feet from the ground or more than 5 feet from
116the ground; and
117     (III)  Placed at locations that are readily visible to any
118person approaching the property and no more than 500 feet apart
119on agricultural land.
120     b.  Beginning October 1, 2007, when a landowner uses the
121painted no trespassing posting to identify a "no trespassing"
122area, those painted notices shall be accompanied by signs
123complying with subparagraph 1. and placed conspicuously at all
124places where entry to the property is normally expected or known
125to occur.
126     (b)  It shall not be necessary to give notice by posting on
127any enclosed land or place not exceeding 5 acres in area on
128which there is a dwelling house in order to obtain the benefits
129of ss. 810.09 and 810.12 pertaining to trespass on enclosed
130lands.
131     Section 5.  Section 810.10, Florida Statutes, is amended to
132read:
133     810.10  Posted land; removing notices unlawful; penalty.--
134     (1)  It is unlawful for any person to willfully remove,
135destroy, mutilate, or commit any act designed to remove,
136mutilate, or reduce the legibility or effectiveness of any
137posted notice placed by the owner, tenant, lessee, or occupant
138of legally enclosed or legally posted land pursuant to any law
139of this state for the purpose of legally enclosing the same.
140     (2)  Any person violating the provisions of this section
141commits shall be guilty of a misdemeanor of the first second
142degree, punishable as provided in s. 775.082 or s. 775.083.
143     Section 6.  Subsection (1) of section 810.115, Florida
144Statutes, is amended to read:
145     810.115  Breaking or injuring fences.--
146     (1)  Whoever willfully and maliciously breaks down, mars,
147injures, defaces, cuts, or otherwise creates or causes to be
148created an opening, gap, interruption, or break in any fence, or
149any part thereof, belonging to or enclosing land not his or her
150own, or whoever causes to be broken down, marred, injured,
151defaced, or cut any fence belonging to or enclosing land not his
152or her own, commits a misdemeanor of the first degree,
153punishable as provided in s. 775.082 or s. 775.083. A person who
154commits a second or subsequent offense under this subsection
155commits a felony of the third degree, punishable as provided in
156s. 775.082, s. 775.083, or s. 775.084.
157     Section 7.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.