This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1659.RRS
DATE: 1/30/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1659 Location of Equipment Owned by Amusement Business Owner
SPONSOR(S): Fabricio and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
Larkin Anstead
2) Local Administration, Federal Affairs & Special
Districts Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Florida Department of Agriculture and Consumer Services regulates public fairs and expositions, and the
safety standards required for amusement rides. However, temporary amusement rides and other carnival
equipment move from place to place for fairs, carnivals, circuses, festivals, or other events. Although there are
state regulations in place for the operation of such equipment, there are not state regulations regarding its’
storage.
The bill prevents counties or municipalities from charging amusement business owners to use private
agricultural land, with five acres or more, for placing, parking, or storing such equipment when certain
circumstances exist.
The bill provides an effective date of July 1, 2024.
The bill does not appear to have a fiscal impact on state government and may have an insignificant
indeterminate fiscal impact on local governments. STORAGE NAME: h1659.RRS PAGE: 2
DATE: 1/30/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Agricultural Lands
Agricultural lands are those used primarily for bona fide agricultural purposes such as horticulture,
viticulture, forestry, and farming.
1
This means that in order to be considered agricultural land the land
must be used for a good faith commercial agricultural purpose. Florida law requires the owner to file an
application each year requesting such classification with the local property appraiser.
Lands classified as agricultural enjoy certain benefits and protections, such as a preemption of local
government restrictions of farming on those lands
2
and limits on nuisance complaints related to farming
activities.
3
Comprehensive Plans and Land Use Regulation
The Growth Management Act requires every city and county to create and implement a comprehensive
plan to guide future development. A locality’s comprehensive plan lays out the locations for future
public facilities, including roads, water and sewer facilities, neighborhoods, parks, schools, and
commercial and industrial developments.
The land use element of the plan designates proposed future general distribution, location, and extent
of the uses of land. Specified use designations include those for residential, commercial, industry,
agriculture, recreation, conservation, education, and public facilities.
4
The housing element of the plan
sets forth guidelines and strategies for the creation and preservation of affordable housing for all
current and anticipated future residents of the jurisdiction, elimination of substandard housing
conditions, provision of adequate sites for future housing, and distribution of housing for a range of
incomes and types.
5
Local governments regulate aspects of land development by enacting ordinances that address local
zoning, rezoning, subdivision, building construction, landscaping, tree protection, or sign regulations or
any other regulations controlling the development of land.
6
Zoning
Zoning maps and zoning districts are adopted by a local government for developments within each land
use category or sub-category. While land uses are general in nature, one or more zoning districts may
apply within each land use designation.
7
Common regulations on buildings within the zoning map
districts include density,
8
height and bulk of buildings, setbacks, and parking requirements.
9
Zoning
1
S. 193.461, F.S.
2
S. 163.3162, F.S.
3
See s. 823.14, F.S.
4
S. 163.3177(6)(a), F.S.
5
S. 163.3177(6)(f), F.S.
6
See ss. 163.3164 and 163.3213, F.S. Pursuant to s. 163.3213, F.S., substantially affected persons have the right to
maintain administrative actions which assure that land development regulations implement and are consistent with the
local comprehensive plan.
7
Indian River County, General Zoning Questions, available at
https://indianriver.gov/services/community_development/faq.php#collapse1250b1 (last visited Jan. 27, 2024).
8
“Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as
residents or employees per acre. See s. 163.3164(12), F.S.
9
Supra note 13. STORAGE NAME: h1659.RRS PAGE: 3
DATE: 1/30/2024
regulations will also include acceptable uses of property for other categories of land, such as
agricultural or industrial.
Storage of Carnival Equipment
The Florida Department of Agriculture and Consumer Services regulates public fairs and expositions
10
and the safety standards required for amusement rides.
11
Temporary amusement rides and other
carnival equipment move from place to place for fairs, carnivals, circuses, festivals, or other events.
Florida law defines an amusement ride and temporary amusement ride:
An amusement ride is defined as “any building, structure, or mechanical device or combination
thereof through which a patron moves, walks, or is carried or conveyed on, along, around, over, or
through a fixed or restricted course or within a defined area for the purpose of giving its patrons
amusement, pleasure, thrills, or excitement.”
12
A temporary amusement ride is defined as “an amusement ride that is regularly relocated, with or
without disassembly.”
13
Although there are state regulations in place for the operation of such equipment, there are not state
regulations regarding the storage.
However, a couple of Florida cities have created zoning ordinances regarding the storage of carnival or
show business equipment. In Gibsonton, near Tampa in Hillsborough County, there is a special zoning
designation, called the Residential Show Business zone, which allows property owners to store
“elephants, livestock, circus equipment and trailers in their backyards or front lawns.”
14
In Riverview,
near Tampa in Hillsborough County, many amusement business owners lived in a subdivision called
Tropical Acres and the residents wanted to legally store their equipment, such as, food trucks, gaming
booths, and other carnival equipment, as a nonconforming use.
15
Hillsborough County granted an
exception to Tropical Acres residents who have been storing their carnival equipment on their
properties since 2011 to continue storing such equipment, but new properties in the area are not
permitted to do so.
16
Effect of the Bill
The bill provides that if a county or municipality has a policy, ordinance, or other measure that
addresses agricultural lands that are five acres are larger, a county or a municipality cannot have a
policy, ordinance, or other measure that requires a monetary exaction
17
from any amusement business
owner whose equipment is placed, parked, or stored on the agricultural land for 6 months or longer.
10
“Public fair or exposition” means a project, activity, event, or program, and use by a fair association, including, but not
limited to, the annual public fair, which serves the purposes specified in s. 616.08 and benefits and develops the
educational, agricultural, horticultural, livestock, charitable, historical, civic, cultural, scientific, and other resources of this
state, or any county, municipality, or other community in this state. S. 616.001(12), F.S.
11
S. 616.242, F.S.
12
S. 616.242(3)(a), F.S.
13
S. 616.242(3)(t), F.S.
14
Stephen Flanagan Jackson, “Gibsonton Residents Want County Action.” The Observer News (Feb. 21, 2019),
www.observernews.net/2019/02/21/gibsonton-resident-want-county-action/ (last visited Jan. 27, 2024).
15
D’Ann White, “Show Business Zoning Proposed for Tropical Acres.” Patch (Mar. 1, 2013),
https://patch.com/florida/bloomingdale/show-business-zoning-proposed-for-tropical-acres (last visited Jan. 27, 2024).
16
Chris Taylor, “Carnival Equipment OK to Keep at Tropical Acres Homes” Patch (May 7, 2013),
https://patch.com/florida/bloomingdale/carnival-equipment-ok-to-keep-at-tropical-acres-homes (last visited Jan 27, 2024).
17
The bill does not define money exactions. However, “exactions are payments made by a developer to local
governments for the right to proceed with a project. Exactions can include development fees, the dedication of public land,
the construction or maintenance of public infrastructure, or the provision of public services.” Person, et al., “Who Pays for
Development Fees and Exactions?”, Public Policy Institute of California (June 22, 2017) www.ppic.org/publication/who-
pays-for-development-fees-and-
exactions/#:~:text=Exactions%20are%20payments%20made%20by,the%20provision%20of%20public%20services (last
visited Jan. 28, 2023). A prohibited exaction is defined in s. 70.45(d), F.S. A money exaction is a broad phrase which may
capture fees, taxes, or other conceivable revenue streams for local governments. STORAGE NAME: h1659.RRS PAGE: 4
DATE: 1/30/2024
Under the bill, the prohibition would only apply if:
The agricultural land is fully fenced along the perimeter, and
The equipment that is placed, parked, or stored on the agricultural land is at least 100 feet from
the perimeter fencing.
The bill defines the following terms:
"Agricultural lands" as those parcels classified by the property appraiser as agricultural lands
under s.193.46, F.S.
"Amusement business owner" as a provider of services affiliated with a circus or carnival such as
rides, food, beverages, and games who travels around the United States on a seasonal or
temporary basis to provide such services to state, district, and county fairs as defined in s.
616.001, F.S. or who supports events sponsored by not-for-profit organizations for fundraising.
As written, the bill prevents counties or municipalities from charging amusement business owners to
use agricultural land with five acres or more for placing, parking, or storing their equipment when
certain circumstances exist.
B. SECTION DIRECTORY:
Section 1: Creates a prohibition on regulating certain agricultural lands.
Section 2: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Local governments would not be able to charge amusement business owners for storing their
equipment on certain agricultural land.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may benefit amusement business owners that live in areas where local governments charge a
fee for such storage of equipment on certain agricultural land.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision: STORAGE NAME: h1659.RRS PAGE: 5
DATE: 1/30/2024
The county/municipality mandates provision of Art. VII, section 18, of the Florida Constitution may
apply because this bill reduces the authority of a county or municipality to raise revenue by charging
amusement owners money for storing equipment on agricultural land; however, this may be an
insignificant impact due to the amount of agricultural lands that fall into the particular category.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
As written, the bill would be placed in Florida Chapter law. The bill may need an amendment to place
the language in the Florida Statutes. The bill sponsor plans to file an amendment addressing this issue.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES