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