Cattle, Trespass Signs & Blueberries – Understanding Florida’s (often asked) Agritourism Rules*

Published: August 1, 2025

The Florida Agritourism Act, codified in Florida Statutes §§ 570.85–570.89, was enacted to promote and safeguard agritourism operations conducted on bona fide agricultural lands.

The legislation supports the integration of educational and recreational activities within working farms, ranches, and other agricultural properties, while offering a degree of civil liability protection to agritourism operators. This statutory framework encourages diversification of agricultural revenue streams while recognizing the inherent risks associated with agricultural environments.

Liability Protections

The Act provides limited immunity from liability for agritourism operators when injuries or damages arise from inherent risks of agritourism activities, provided that operators comply with specific statutory requirements—chief among them being the posting of conspicuous warning signage.

Defining Inherent Risks

“Inherent risks” refer to conditions that are intrinsic to farm environments, which cannot be eliminated through the exercise of ordinary care. These include, but are not limited to, risks associated with:

• The behavior of domestic animals (e.g., trampling, biting),
• The operation of agricultural machinery,
• Uneven terrain and environmental hazards.

For instance, a visitor engaging with livestock in a cattle operation assumes the risk of proximity-related injury, such as being stepped on or jostled by an animal.

Signage Requirements and Statutory Compliance

The effectiveness of liability protection under the Act hinges on the proper posting of warning signs. These must:

• Be clearly visible at the entrance to the agritourism site,
• Contain language prescribed by Fla. Stat. § 570.89, and
• Communicate that the guest assumes responsibility for inherent risks.

Additionally, operators should be aware of Florida Statute § 604.50, which governs farm signage generally, and § 810.011, which establishes legal criteria for “No Trespassing” signs. Signage not only serves a legal compliance function but also supports risk management, wayfinding, and visitor safety.

Preemption of Local Ordinances

Under Fla. Stat. § 570.85, local governments are generally preempted from adopting ordinances that restrict or prohibit agritourism activities on land classified as agricultural. However, local authorities may still enact regulations addressing:

• Substantial offsite impacts, such as increased traffic, noise pollution, and artificial lighting;
• Emergency management protocols necessary for public safety.

This balance allows for state-level promotion of agritourism while preserving municipal authority over broader public concerns.

Role of Property Appraisers in Agritourism Assessment

Property appraisers are tasked with assessing agricultural land based on its primary use, in accordance with Fla. Stat. § 193.023. To maintain agricultural classification for property tax purposes, agritourism activities must be:

• Incidental and subordinate to the property’s primary agricultural operation,
• Consistent with the existing use of the land for bona fide agricultural purposes.

For example, a U-Pick blueberry operation would likely qualify if it directly supports or enhances the property’s primary agricultural activity—blueberry farming. However, ancillary amenities such as amusement parks or unrelated recreational features (e.g., playgrounds) typically fall outside the statutory definition of agritourism.

Statutory authority also permits appraisers to physically inspect properties at least once every five years to verify continued eligibility for the agricultural classification.

Building Code Exemptions and Safety Standards

Florida Statute § 604.50 provides limited exemptions from the Florida Building Code for nonresidential farm buildings used in agritourism operations. Notable provisions include:

• Exemptions apply to nonresidential structures not used for human habitation or lodging.
• Fire safety regulations under the Florida Fire Prevention Code still apply. In some jurisdictions, local governments may impose additional fire prevention measures, such as the installation of fire suppression systems or emergency egress requirements.

Operators considering agritourism-related construction or renovation should conduct site-specific regulatory reviews and consult both local building officials and fire marshals to ensure full compliance.

Florida’s Agritourism Act offers a legal framework that enables agricultural producers to broaden the scope of their operations through educational and recreational experiences.

However, successful implementation demands careful attention to liability management, statutory compliance, and coordination with local authorities. Agritourism operators are encouraged to maintain detailed records, post required signage, and consult with legal counsel to ensure their activities remain within the statutory protections afforded by the Act.

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* This article was developed following a presentation attorney Austin Alderman did at the 2025 Florida Agritourism Association Conference. The presentation, titled “Legal Policy, Agritourism & My Family’s Farm: A Tax Attorney’s Take” addressed questions posed by conference attendees.