Florida 2024 Regular Session

Florida House Bill H0339 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to agritourism; amending s. 570.85, 2
16	16	F.S.; prohibiting local governments from adopting 3
17	17	ordinances, regulations, rules, or policies that 4
18	18	require certificates of use for certain agricultural 5
19	19	lands, facilities, and venues or limit certain 6
20	20	activities associated with agritourism; amending s. 7
21	21	570.86, F.S.; providing definitions; providing for the 8
22	22	termination, expiration, extension, and renewal of 9
23	23	specified local government ordinances, rules, and 10
24	24	measures; providing an effective date. 11
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26	26	Be It Enacted by the Legislature of the State of Florida: 13
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28	28	Section 1. Section 570.85, Florida Statutes, is amended to 15
29	29	read: 16
30	30	570.85 Agritourism. — 17
31	31	(1) It is the intent of the Legislature to promote 18
32	32	agritourism as a way to support bona fide agricultural 19
33	33	production by providing a stream of revenue and by educating the 20
34	34	general public about the agricultural industry. It is also the 21
35	35	intent of the Legislature to eliminat e duplication of regulatory 22
36	36	authority over agritourism as expressed in this section. 23
37	37	(2) Except as otherwise provided for in this section, and 24
38	38	notwithstanding any other law, a local government may not adopt 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	or enforce a local ordinance, regulation, rule, or policy that 26
52	52	does any of the following: 27
53	53	(a) Prohibits, restricts, regulates, or otherwise limits 28
54	54	an agritourism activity on land classified as agricultural land 29
55	55	under s. 193.461. 30
56	56	(b) Requires a certificate of use for any agricultural use 31
57	57	land, agricultural-related facility, or agritourism venue unless 32
58	58	specifically provided by general law. 33
59	59	(c) Limits any state -regulated activity associated with 34
60	60	agritourism, including a farm stand, farmers market, brewery, 35
61	61	winery, distillery, food processing and prep aration activity, 36
62	62	food truck, or mobile food service operation associated with 37
63	63	agritourism agricultural products. 38
64	64	(3) This section subsection does not limit the powers and 39
65	65	duties of a local government to address substantial offsite 40
66	66	impacts of agritourism activities or an emergency as provided in 41
67	67	chapter 252. 42
68	68	(4)(2) The Department of Agriculture and Consumer Services 43
69	69	may provide marketing advice, technical expertise, promotional 44
70	70	support, and product development related to agritourism to 45
71	71	assist the following in their agritourism initiatives: Florida 46
72	72	Tourism Industry Marketing Corporation, convention and visitor 47
73	73	bureaus, tourist development councils, economic development 48
74	74	organizations, and local governments. In carrying out this 49
75	75	responsibility, the departme nt shall focus its agritourism 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	efforts on rural and urban communities. 51
89	89	Section 2. Subsections (3), (4), and (5) of section 52
90	90	570.86, Florida Statutes, are renumbered as subsections (6), 53
91	91	(7), and (10), respectively, and new subsections (3), (4), (5), 54
92	92	(8), (9), (11), and (12) are added to that section, to read: 55
93	93	570.86 Definitions. —As used in ss. 570.85 -570.89, the 56
94	94	term: 57
95	95	(3) "Ancillary use" means a use that is subordinate or 58
96	96	subsidiary to the primary use on the same lot or parcel. 59
97	97	(4) "Brewery" means a n establishment that is located 60
98	98	wholly on a parcel with an ongoing and lawfully established 61
99	99	agricultural use and is designed and used for the manufacture of 62
100	100	malt liquors, such as beer and ale. The facility may have 63
101	101	ancillary uses, including uses that permi t the sale and 64
102	102	consumption of products manufactured on site, as authorized 65
103	103	under applicable licenses issued by the state. 66
104	104	(5) "Distillery" means a facility that is located wholly 67
105	105	on a parcel with an ongoing and lawfully established 68
106	106	agricultural use and that is designed and used for the 69
107	107	distillation of agricultural products including grains, fruits, 70
108	108	or vegetables into liquor or spirits. The facility may have 71
109	109	ancillary uses, including the sale and consumption of products 72
110	110	manufactured on site, as authorized under applicable licenses 73
111	111	issued by the state. 74
112	112	(8) "Farm stand" means a permanent or portable structure 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	or vehicle that is located on a parcel with an ongoing and 76
126	126	lawfully established agricultural use and used for the retail 77
127	127	sale of agricultural product s, including, but not limited to: 78
128	128	(a) Fish pool, nursery, winery, brewery, and distillery 79
129	129	products; 80
130	130	(b) Products that are lawfully grown or cultivated on a 81
131	131	property in an agricultural zoned district; or 82
132	132	(c) Products that are packed, processed, or sol d at a 83
133	133	lawfully established packing house in an agricultural zoned 84
134	134	district. 85
135	135	(9) "Fruit and vegetable stand" means any portable 86
136	136	establishment for the retail sale of locally grown fresh fruit 87
137	137	and vegetables and food products derived from such fruit and 88
138	138	vegetables. 89
139	139	(11) "Mobile food service operation" means the 90
140	140	preparation, cooking, serving, and sale of food, or combination 91
141	141	thereof, conducted from a portable stand, vehicle, or trailer. 92
142	142	Each such stand, vehicle, or trailer shall be considered a 93
143	143	mobile food service operation. The term does not include a farm 94
144	144	stand. 95
145	145	(12) "Winery" means an agricultural processing facility 96
146	146	that is located wholly on a parcel with an ongoing and lawfully 97
147	147	established agricultural use and designed and used for 98
148	148	fermenting and processing fruit into wine or derivative 99
149	149	products. The facility may have ancillary uses, including the 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	sale and consumption of products manufactured on site, as 101
163	163	authorized under applicable licenses issued by the state. 102
164	164	Section 3. Any ordinance, rule, or ot her measure adopted 103
165	165	or enforced by a local government that requires a certificate of 104
166	166	use for any agricultural use land, agricultural -related 105
167	167	facility, or agritourism venue shall terminate and expire within 106
168	168	1 year after the effective date of this act and ma y not be 107
169	169	extended or renewed except by the adoption or maintenance in 108
170	170	effect of a new ordinance, rule, or other measure that meets all 109
171	171	the requirements of this act. 110
172	172	Section 4. This act shall take effect upon becoming a law. 111