Bill Text: FL S0696 | 2024 | Regular Session | Introduced

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Bill Title: Agritourism

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-08 - Died in Agriculture [S0696 Detail]

Download: Florida-2024-S0696-Introduced.html

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       Florida Senate - 2024                                     SB 696
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01338-24                                            2024696__
    1                        A bill to be entitled                      
    2         An act relating to agritourism; amending s. 570.85,
    3         F.S.; prohibiting local governments from adopting
    4         ordinances, regulations, rules, or policies that
    5         require certificates of use for certain agricultural
    6         lands, facilities, and venues or that limit certain
    7         activities associated with agritourism; amending s.
    8         570.86, F.S.; defining terms; providing for the
    9         termination, expiration, extension, and renewal of
   10         specified local government ordinances, rules, and
   11         measures; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 570.85, Florida Statutes, is amended to
   16  read:
   17         570.85 Agritourism.—
   18         (1) It is the intent of the Legislature to promote
   19  agritourism as a way to support bona fide agricultural
   20  production by providing a stream of revenue and by educating the
   21  general public about the agricultural industry. It is also the
   22  intent of the Legislature to eliminate duplication of regulatory
   23  authority over agritourism as expressed in this section.
   24         (2) Except as otherwise provided for in this section, and
   25  notwithstanding any other law, a local government may not adopt
   26  or enforce a local ordinance, regulation, rule, or policy that
   27  does any of the following:
   28         (a) Prohibits, restricts, regulates, or otherwise limits an
   29  agritourism activity on land classified as agricultural land
   30  under s. 193.461.
   31         (b) Requires a certificate of use for any agricultural use
   32  land, agricultural-related facility, or agritourism venue unless
   33  specifically provided by general law.
   34         (c) Limits any state-regulated activity associated with
   35  agritourism, including a farm stand, farmers market, brewery,
   36  winery, distillery, food processing and preparation activity,
   37  food truck, or mobile food service operation associated with
   38  agritourism agricultural products.
   39         (3) This section subsection does not limit the powers and
   40  duties of a local government to address substantial offsite
   41  impacts of agritourism activities or an emergency as provided in
   42  chapter 252.
   43         (4)(2) The Department of Agriculture and Consumer Services
   44  may provide marketing advice, technical expertise, promotional
   45  support, and product development related to agritourism to
   46  assist the following in their agritourism initiatives: Florida
   47  Tourism Industry Marketing Corporation, convention and visitor
   48  bureaus, tourist development councils, economic development
   49  organizations, and local governments. In carrying out this
   50  responsibility, the department shall focus its agritourism
   51  efforts on rural and urban communities.
   52         Section 2. Present subsections (3), (4), and (5) of section
   53  570.86, Florida Statutes, are redesignated as subsections (6),
   54  (7), and (10), respectively, and new subsections (3), (4), and
   55  (5) and subsections (8), (9), (11), and (12) are added to that
   56  section, to read:
   57         570.86 Definitions.—As used in ss. 570.85-570.89, the term:
   58         (3) “Ancillary use” means a use that is subordinate or
   59  subsidiary to the primary use on the same lot or parcel.
   60         (4) “Brewery” means an establishment that is located wholly
   61  on a parcel with an ongoing and lawfully established
   62  agricultural use and is designed and used for the manufacture of
   63  malt liquors, such as beer and ale. The facility may have
   64  ancillary uses, including uses that permit the sale and
   65  consumption of products manufactured on site, as authorized
   66  under applicable licenses issued by the state.
   67         (5) “Distillery” means a facility that is located wholly on
   68  a parcel with an ongoing and lawfully established agricultural
   69  use and that is designed and used for the distillation of
   70  agricultural products including grains, fruits, or vegetables
   71  into liquor or spirits. The facility may have ancillary uses,
   72  including the sale and consumption of products manufactured on
   73  site, as authorized under applicable licenses issued by the
   74  state.
   75         (8) “Farm stand” means a permanent or portable structure or
   76  vehicle that is located on a parcel with an ongoing and lawfully
   77  established agricultural use and used for the retail sale of
   78  agricultural products, including, but not limited to:
   79         (a) Fish pool, nursery, winery, brewery, and distillery
   80  products;
   81         (b) Products that are lawfully grown or cultivated on a
   82  property in an agricultural zoned district; or
   83         (c) Products that are packed, processed, or sold at a
   84  lawfully established packing house in an agricultural zoned
   85  district.
   86         (9) “Fruit and vegetable stand” means any portable
   87  establishment for the retail sale of locally grown fresh fruit
   88  and vegetables and food products derived from such fruit and
   89  vegetables.
   90         (11) “Mobile food service operation” means the preparation,
   91  cooking, serving, and sale of food, or combination thereof,
   92  conducted from a portable stand, vehicle, or trailer. Each such
   93  stand, vehicle, or trailer shall be considered a mobile food
   94  service operation. The term does not include a farm 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  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 other measure adopted or
  103  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 may 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.