Agritourism

Agritourism (agriculture + tourism) is a great way to promote farm products, earn income, and build lasting relationships with farmers market customers. Agritourism is an agricultural-related activity on a farm, ranch or working forest that allows members of the general public to view or participate. While agritourism is a relatively new industry in the state of Florida, a growing number of Florida farmers are beginning to explore new ways to integrate tourism-based activities on the farm. This guide provides an overview of state laws governing agritourism operations in Florida, identifies the requirements to qualify as an agritourism operation under Florida law, provides recommendations for potential agritourism activities, and suggests a few marketing strategies to promote agritourism on Florida farms.

Florida Agritourism Laws

In order to promote agritourism in the Florida tourism economy, the State of Florida passed a series of laws designed to protect farm operations engaging in agritourism. Florida Legislature began with a ‘limited liability’ statute followed by clarifications on agritourism activities and protections from local rules against agritourism.

In 2013, Florida Statute (F.S. 570.96) reduced liability for farms engaging in agritourism; this means that a customer or visitor is limited in their ability to sue or hold a farmer liable for accidents or incidents that may occur while visiting a farm. The law requires two conditions for limited liability in agritourism, both of which are intended to protect the public and the agritourism operator.

1. 1. 1. There must be a warning sign containing specific language informing visitors of the risks and the liability limitation posted at the entrance of the farm as well as at the site of the agritourism activity. This means that visitors should have an opportunity to see the sign upon entering the property as well as at additional locations where activities will take place. The warning language must also be used on written contracts, such as waivers or signed agreements. See the exact warning language required under Florida Statute 570.89 here.

1. 1. 2. The farm must be engaged in ‘bona fide’ agricultural production. Florida Statute 461 describes ‘bona fide’ agriculture based on factors such as: the length of time the land has been in production, the purchase price paid, size of the property, and the expectation that agricultural production will create a profit. Hobby farms, or farming operations that do not generate income, are not considered bona fide agriculture in this statute. Each county varies in the specific interpretation of the factors required for achieving agricultural land classification. This criteria is used to establish tax status for agricultural exemption (also known as ‘Ag Exemption.’) Local property appraisers can provide a detailed description of specific county guidelines.

The limited liability law was designed to promote agritourism in Florida by providing protection to farmers who are hesitant to embark in agritourism out of the fear of being sued by someone who has been injured while visiting the farm. This law acknowledges the inherent risks associated with agricultural production and leaves it to the farm visitor to assume those risks. While the limited liability law offers some protections, it does not protect the farmer from accidents that result from gross negligence (irresponsibility or reckless behavior) or malice (intentional harm of a visitor) by a farmer or farm employee. Therefore, the limited liability law should not be considered a substitute for farm liability insurance which can provide additional financial protections for the agritourism operator, the property and the business. The industry standard is a minimum policy of $1 million dollars coverage for any agritourism operation. Whenever possible, the agritourism operator should have visitors sign “hold harmless agreements” onsite to document acknowledgement of the limited liability as well as “participant waivers” which are usually signed by parents of minors to release agritourism operators from responsibility for injury to their children.

In addition to limiting liability, Florida Statute (F.S. 570.96) was revised in 2016 to provide additional protections by preventing local governments from creating new laws that limit agritourism on lands classified as agricultural and also from enforcing existing laws that affect agritourism. The law stipulates that:

“Except as otherwise provided for in this section, and notwithstanding any other provision of law, a local government may not adopt or enforce a local ordinance, regulation, rule, or policy that prohibits, restricts, regulates, or otherwise limits an agritourism activity on land classified as agricultural land as described in Florida Statute 193.461.”

It is important to note that this law protects agritourism on bonafide farms, and does not pertain to agritourism activities on lands that are not designated as agricultural. This makes it essential to pursue agricultural designation (Ag Exemption) prior to integrating agritourism activities into the farm operation. The revision also included language to describe agritourism and expanded the types of activities that qualify as agritourism.

Agritourism Activities

Protections for agritourism requires a clear definition of agritourism as well as the activities that are considered agritourism. According to Florida statute 570.85-570.89, the term “Agritourism activity” means; ‘any agricultural related activity consistent with a bona fide farm, livestock operation, or ranch or in a working forest which allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy activities, including farming, ranching, historical, cultural, civic, ceremonial, training and exhibition, or harvest- your-own activities and attractions. An agritourism activity does not include the construction of new or additional structures or facilities intended primarily to house, shelter, transport, or otherwise accommodate members of the general public. An activity is an agritourism activity regardless of whether the participant paid to participate in the activity.’

This definition allows a broad spectrum of activities to qualify as agritourism such as on-farm weddings, baptisms, and festivals. It also clarifies that a farm visitor does not need to pay or engage in an activity to be considered a participant; simply visiting the farm and viewing the farm is considered agritourism under the law.

Marketing Agritourism Activities

A good marketing strategy should recruit enough participants to at least cover the costs of hosting an agritourism activity. There are a wide variety of general marketing resources available online and this section will cover marketing specific to agritourism. Producers selling at a farmers market have the advantage of engaging directly with customers and reaching a population of consumers who appreciate local agriculture.

1. Collect information by asking customers about their interests and the types of activities they want to see in the area. Maintain a log of this information and consider the activity that provides the greatest number of responses.
2. Design an activity that will appeal to the greatest number of people. Most farmers market customers are comfortable visiting a clean and sanitized farmers market, but plodding through a pasture riddled with cow manure may take a customer way out of their comfort zone. Start with a simple activity and build from it. Keep in mind customers who may have limited mobility or health issues, and remember that activities that include opportunities for the whole family to interact together bring the greatest opportunities for growth.
3. Promote the activity to a target audience:

• • Flyers and paper handbills should include all information about the activity (location, time, cost, etc.) and are easily produced on a computer or even by hand. It is effective to display at minimum full (8×11) page copy at the booth and distribute smaller copies to customers who express an interest. It is also effective to post flyers in areas where local food enthusiasts visit such as grocery stores, restaurants, and other public venues
  • Social media is a great way to expand the reach of the new activity beyond the farmers market. Most social media venues provide a means to create an ‘event’ and some provide additional online advertising services for a small fee.
  • Direct outreach by visiting potential visitors at places such as a school, church, or corporation, is a great way to personally introduce oneself and describe the agritourism activities offered on the farm as well as the benefits of the activity. If agritourism is a brand new activity on a farm, it is not unusual to experience low turnouts or unexpected problems in the beginning. This makes it useful to start out small and slow, learn from what worked and what could be improved, and then build from there. Positive visitor experiences (especially when shared on social media and promoted for later events) create repeat customers and word-of-mouth advertising, and every farmers’ market vendor knows that word-of-mouth is the best marketing of all.

Other Considerations

A successful agritourism operation can bring a wide range of benefits to a farm, yet there are additional factors to take into consideration when opening a farm to the public.The following list provides a brief overview of things to consider when embarking on an agritourism operation: