2013 Legislature                           CS for CS for SB 1106
    2         An act relating to agritourism; amending s. 570.96,
    3         F.S.; providing legislative intent; restricting a
    4         local government’s ability to regulate agritourism
    5         activity on agricultural land; amending s. 570.961,
    6         F.S.; revising the definition of the term “agritourism
    7         activity,” changing the term “agritourism
    8         professional” to “agritourism operator,” and adding a
    9         definition of the term “inherent risks of agritourism
   10         activity”; creating s. 570.963, F.S.; limiting the
   11         liability of an agritourism operator, his or her
   12         employer or employee, or the owner of the underlying
   13         land on which the agritourism activity occurs if
   14         certain conditions are met; creating s. 570.964, F.S.;
   15         requiring that signs and contracts notify participants
   16         of certain inherent risks and the assumption of that
   17         risk; preventing an agritourism operator, his or her
   18         employer, and any employee, and the owner of the
   19         underlying land from invoking the privileges of
   20         immunity if certain conditions are not met; providing
   21         criteria for the notice; providing an effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Section 570.96, Florida Statutes, is amended to
   26  read:
   27         570.96 Agritourism.—
   28         (1) It is the intent of the Legislature to eliminate
   29  duplication of regulatory authority over agritourism as
   30  expressed in this section. Except as otherwise provided for in
   31  this section, and notwithstanding any other provision of law, a
   32  local government may not adopt an ordinance, regulation, rule,
   33  or policy that prohibits, restricts, regulates, or otherwise
   34  limits an agritourism activity on land classified as
   35  agricultural land under s. 193.461. This subsection does not
   36  limit the powers and duties of a local government to address an
   37  emergency as provided in chapter 252.
   38         (2) The Department of Agriculture and Consumer Services may
   39  provide marketing advice, technical expertise, promotional
   40  support, and product development related to agritourism to
   41  assist the following in their agritourism initiatives:
   42  Enterprise Florida, Inc.; convention and visitor bureaus;
   43  tourist development councils; economic development
   44  organizations; and local governments. In carrying out this
   45  responsibility, the department shall focus its agritourism
   46  efforts on rural and urban communities.
   47         Section 2. Section 570.961, Florida Statutes, is amended to
   48  read:
   49         570.961 Definitions.—As used in ss. 570.96-570.964 570.96
   50  570.962, the term:
   51         (1) “Agritourism activity” means any agricultural related
   52  activity consistent with a bona fide carried out on a farm or
   53  ranch or in a working forest which that allows members of the
   54  general public, for recreational, entertainment, or educational
   55  purposes, to view or enjoy rural activities, including farming,
   56  ranching, historical, cultural, or harvest-your-own, or nature
   57  based activities and attractions. An agritourism activity does
   58  not include the construction of new or additional structures or
   59  facilities intended primarily to house, shelter, transport, or
   60  otherwise accommodate members of the general public. An activity
   61  is an agritourism activity whether or not the participant paid
   62  to participate in the activity.
   63         (2) “Agritourism operator professional” means any person
   64  who is engaged in the business of providing one or more
   65  agritourism activities, whether or not for compensation.
   66         (3) “Farm” means the land, buildings, support facilities,
   67  machinery, and other appurtenances used in the production of
   68  farm or aquaculture products, including land used to display
   69  plants, animals, farm products, or farm equipment to the public.
   70         (4) “Farm operation” has the same meaning as defined in s.
   71  823.14.
   72         (5) “Inherent risks of agritourism activity” means those
   73  dangers or conditions that are an integral part of an
   74  agritourism activity including certain hazards, such as surface
   75  and subsurface conditions, natural conditions of land,
   76  vegetation, and waters; the behavior of wild or domestic
   77  animals; and the ordinary dangers of structures or equipment
   78  ordinarily used in farming and ranching operations. The term
   79  also includes the potential of a participant to act in a
   80  negligent manner that may contribute to the injury of the
   81  participant or others, including failing to follow the
   82  instructions given by the agritourism operator or failing to
   83  exercise reasonable caution while engaging in the agritourism
   84  activity.
   85         Section 3. Section 570.963, Florida Statutes, is created to
   86  read:
   87         570.963Liability.—
   88         (1) Except as provided in subsection (2), an agritourism
   89  operator, his or her employer or employee, or the owner of the
   90  underlying land on which the agritourism occurs are not liable
   91  for injury or death of, or damage or loss to, a participant
   92  resulting from the inherent risks of agritourism activities if
   93  the notice of risk required under s. 570.964 is posted as
   94  required. Except as provided in subsection (2), a participant,
   95  or a participant’s representative, may not maintain an action
   96  against or recover from an agritourism operator, his or her
   97  employer or employee, or the owner of the underlying land on
   98  which the agritourism occurs for the injury or death of, or
   99  damage or loss to, an agritourism participant resulting
  100  exclusively from any of the inherent risks of agritourism
  101  activities.
  102         (2) In the event of the injury or death of, or damage or
  103  loss to, an agritourism participant, subsection (1) does not
  104  prevent or limit the liability of an agritourism operator or his
  105  or her employer or employee or the owner of the underlying land
  106  on which the agritourism occurs if he or she:
  107         (a) Commits an act or omission that constitutes gross
  108  negligence or willful or wanton disregard for the safety of the
  109  participant, and that act or omission proximately causes injury,
  110  damage, or death to the participant; or
  111         (b) Intentionally injures the participant.
  112         (3) The limitation on legal liability afforded by this
  113  section to an agritourism operator or his or her employer or
  114  employee or the owner of the underlying land on which the
  115  agritourism occurs is in addition to any limitations of legal
  116  liability otherwise provided by law.
  117         Section 4. Section 570.964, Florida Statutes, is created to
  118  read:
  119         570.964Posting and notification.—
  120         (1)(a) Each agritourism operator shall post and maintain
  121  signs that contain the notice of inherent risk specified in
  122  subsection (2). A sign shall be placed in a clearly visible
  123  location at the entrance to the agritourism location and at the
  124  site of the agritourism activity. The notice of inherent risk
  125  must consist of a sign in black letters, with each letter a
  126  minimum of 1 inch in height, with sufficient color contrast to
  127  be clearly visible.
  128         (b) Each written contract entered into by an agritourism
  129  operator for the provision of professional services,
  130  instruction, or the rental of equipment to a participant,
  131  regardless of whether the contract involves agritourism
  132  activities on or off the location or at the site of the
  133  agritourism activity, must contain in clearly readable print the
  134  notice of inherent risk specified in subsection (2).
  135         (2) The sign and contract required under subsection (1)
  136  must contain the following notice of inherent risk:
  138                               WARNING                             
  140         Under Florida law, an agritourism operator is not
  141         liable for injury or death of, or damage or loss to, a
  142         participant in an agritourism activity conducted at
  143         this agritourism location if such injury, death,
  144         damage, or loss results from the inherent risks of the
  145         agritourism activity. Inherent risks of agritourism
  146         activities include, among others, risks of injury
  147         inherent to land, equipment, and animals, as well as
  148         the potential for you to act in a negligent manner
  149         that may contribute to your injury, death, damage, or
  150         loss. You are assuming the risk of participating in
  151         this agritourism activity.
  153         (3) Failure to comply with the requirements of this
  154  subsection prevents an agritourism operator, his or her employer
  155  or employee, or the owner of the underlying land on which the
  156  agritourism occurs from invoking the privileges of immunity
  157  provided by this section.
  158         Section 5. This act shall take effect July 1, 2013.