Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 822
       
       
       
       
       
       
                                Ì971186?Î971186                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/21/2016           .                                
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       Appropriations Subcommittee on General Government (Simpson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 29 - 76
    4  and insert:
    5         (b) Notwithstanding any other provision of law:
    6         1. A nonresidential farm building A structure, located on
    7  property that is classified for ad valorem purposes as
    8  agricultural, which is part of a farming or ranching operation,
    9  in which the occupancy is limited by the property owner to no
   10  more than 35 persons, and which is not used by the public for
   11  direct sales or as an educational outreach facility, is exempt
   12  from the Florida Fire Prevention Code, including the national
   13  codes and Life Safety Code incorporated by reference. This
   14  paragraph does not include structures used for residential or
   15  assembly occupancies, as defined in the Florida Fire Prevention
   16  Code.
   17         2. An agricultural pole barn is exempt from the Florida
   18  Fire Prevention Code, including the national codes and the Life
   19  Safety Code incorporated by reference.
   20         3. Except for an agricultural pole barn, a structure on a
   21  farm as defined in s. 823.14(3)(a) which is used by an owner for
   22  agritourism activity for which the owner receives consideration
   23  must be classified in one of the following classes:
   24         a. Class 1: A nonresidential farm building that is used by
   25  the owner 12 times per year or fewer for agritourism activity
   26  with up to 100 persons occupying the structure at one time. A
   27  structure in this class is subject to annual inspection for
   28  classification by the local authority having jurisdiction. This
   29  class is not subject to the Florida Fire Prevention Code but is
   30  subject to rules adopted by the State Fire Marshal pursuant to
   31  this section.
   32         b. Class 2: A nonresidential farm building that is used by
   33  the owner for agritourism activity with up to 300 persons
   34  occupying the structure at one time. A structure in this class
   35  is subject to annual inspection for classification by the local
   36  authority having jurisdiction. This class is not subject to the
   37  Florida Fire Prevention Code but is subject to rules adopted by
   38  the State Fire Marshal pursuant to this section.
   39         c. Class 3: A structure or facility that is used primarily
   40  for housing, sheltering, or otherwise accommodating members of
   41  the general public. A structure or facility in this class is
   42  subject to annual inspection for classification by the local
   43  authority having jurisdiction. This class is subject to the
   44  Florida Fire Prevention Code.
   45         (c) The State Fire Marshal shall adopt rules to administer
   46  this section, including, but not limited to:
   47         1. The use of alternative lifesafety and fire prevention
   48  standards for structures in Classes 1 and 2;
   49         2. Notification and inspection requirements for structures
   50  in Classes 1 and 2;
   51         3. The application of the Florida Fire Prevention Code for
   52  structures in Class 3; and
   53         4. Any other standards or rules deemed necessary in order
   54  to facilitate the use of structures for agritourism activities.
   55  
   56  ================= T I T L E  A M E N D M E N T ================
   57  And the title is amended as follows:
   58         Delete lines 7 - 12
   59  and insert:
   60         agritourism activity be classified; requiring that
   61         certain structures be classified; providing criteria
   62         for such classifications; providing that such
   63         classifications are subject to annual inspection;
   64         specifying applicable fire prevention standards for
   65         each class; requiring that the State Fire Marshal
   66         adopt rules; providing requirements for revising
   67         certain dimensions of a tent that is exempt from the
   68         code; amending s.