Agritourism Committee Meeting
Regular MeetingLoxahatchee Groves, FL · February 21, 2024
Minutes
DRAFT
TOWN OF LOXAHATCHEE GROVES
ARI-TOURISM COMMITTEE
MEETING MINUTES
FEBURARY 21, 2024, 6:00 P.M.
audio available in the T0wn Clerk’s Office
Meetings are alSO available 0n YouTube
1. CALL TO ORDER
T0wn Manager Francine Ramaglia called the meeting to order at 6:03 p.m.
2. PRESENT
Committee members Darrin Swank, Simon Fernandez, Martin Holman, and Liza Holman; Town
Manager Francine Ramaglia, Town Attorney Ruth Holmes, Public Works Coordinator Lexi
Collegio were present.
Assistant Deputy Commissioner Steven Hall and Sarah Harris were present Via Zoom as guest
speakers.
3. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
There were no public comments.
REGULAR AGENDA
l. Steven Hall, Assistant Deputy Commissioner, Department of Agriculture and Consumer
Services
a. Agritourism FAQ
b. Comments on proposed ordinance/existing regulations/emergency vehicles
Town Manager Ramaglia informed Assistant Deputy Commissioner Hall that there are
few zoning districts: the Town is primarily agricultural/residential with some commercial
and mixed—use that was approved from the county before being incorporated into the Town.
Town Manager Ramaglia comments that the Town Council seeks information on how to
modify the proposed Agritourism Ordinance so that there is a balance between agritourism
and non-agritourism neighbors.
Town of Loxahatchee Groves February 21, 2024
Agri—Tourism Committee Minutes Page No. 2
Town Manager Ramaglia lists out keep points from previous meeting with Asst. Deputy
Commissioner Hall where they discussed l) Uniform rules for everyone, not just specific
for agritourism and 2) how to define “substantial“ which Asst Deputy Commissioner Hall
had gone over before.
Committee member M. Holman remarks on the importance of Agritourism for small
towns. He also seeks to know if everyone agrees that the ordinance will not restrict
agritourism.
Committee member Fernandez finds that the ordinance is unnecessary since there are
already previously existing laws in place.
Town Attorney Holmes comments on the importance of the ordinance because it was an
attempt to inform agritourism operators of what’s expected in the community so that there
is a balance between those in the industry and those who are not. The Agri—Tourism
“substantial
committee is meant to report to the Town Council what would constitute as
off-site impacts and give recommendations on how to mediate or mitigate those potential
impacts without greatly impacting the agritourism events.
Chair Swank challenges Town Attorney Holmes on the issue ofnoise level because some
residents are too noisy while it appears that agritourism events are being singled out.
Committee member Fernandez asks Asst. Deputy Commissioner Hall how
“substantial” is “substantial off-site
quantified by the state. The latter clarifies that it is
impact” and explains that there is no judicial definition, so the department relies on the
general meaning ofthe words. He also says that local government can regulate a few things
and that the consensus is that light, noise, some aspects of traffic/parking are some of the
categories that local govemments can apply regulations to. Some local govemments use
existing ordinances to regulate while others write specific guidelines for agritourism.
Committee member Fernandez insists that the agritourism laws are already clear. The
committee simply seeks to clearly define what constitutes as “substantial”. Asst. Deputy
Commissioner Hall provides some examples on how local govemments can address
different agritourism issues through additional or existing laws.
Town Manager Ramaglia adds that Special Events Rules and Regulations example is
simply an example of how Town does codes.
Committee member M. Holman suggests that conflicts with agritourism be solved on a
situational basis. Rather a committee should be formed rather than ordinances be passed.
Chair Swank and Town Manager Ramaglia agree with this.
1 Referenced in the
proposed Agritourism Ordinance
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Town 0f Loxahatchee Groves February 21, 2024
‘Agri-Tourism Committee Minutes Page No. 3
Town Manager Ramaglia adds that businesses can get a voluntary Business Tax Receipt
with an agricultural exemption so that if someone comes in to complain the Town can say
that the business is within their rights or investigate using existing laws.
Asst Deputy Commissioner states that there is no government entity that can decide
whether something is agricultural or not. Operators should be mindful of where they are
getting their agricultural exemptions and where they are doing their business since the laws
would apply to land declared as agricultural by Property Appraisers.
Town Manager Ramaglia explains that other businesses, along Okeechobee, must call
PBSO for management of traffic wherein the business pays for it or the Town calls PBSO
wherein the Town pays for it.
Committee member L. Holman mentions the Wellington Holiday Parade where they
have large electronic signs for planned road closures and suggests that same concept can
be applied for agritourism under special events.
Committee member M. Holman wants to discuss how can the committee address things
on a case-by-case basis. Town Manager Ramaglia shares how the need for some rules
allows for the Town to have the ability to resolve some complaints/conflicts.
2. Continued discussion of Best Management Practices
Ms. Harris describes how her association is working on a document regarding the topic of
Best Management Practices. It is on the premise of “being a good neighbor”. Regulations
that work for some may not work for others so these practices would be situational.
Town Manager Ramaglia asks Ms. Harris what can be done to regulate the off-site
impacts of agritourism. She suggests a more laisse-faire approach so long as they have the
agricultural exemption. Ms. Harris echoes Steven’s earlier points: some local
governments use existing ordinances while others do not.
Committee member Fernandez suggests that membership in the agritourism association
and having a sign should be enough identification that one is an agritourism operator. To
do more would be redundant.
There is a public comment made by Robert Shorr.
Committee member Fernandez insists that there be uniform codes for everyone rather
than singling out agritourism.
Town Manager Ramaglia suggests that agritourism operators can use off-site signs and
how long they can be up. She also makes the suggestions that this can be refined as the
sign code is being rewritten and then presented to Council.
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Town of Loxahatchee Groves February 2 1, 2024
Agri—Tourism Committee Minutes Page N0. 4
Asst. Deputy Commissioner Hall suggests that the committee give recommendations and
feedback regarding the current ordinances that relate to agritourism.
The committee members return to discussing what constitutes as substantial off-site
impact. Committee member L. Holman suggests that rather than Viewing traffic impact
qualitatively, it can be viewed narratively to determine what is substantial on a case—by—
case basis.
Committee member Swank claims that agritourism operators are being singled out for
code and regulation while other groups are always breaking code.
Committee member Fernandez wants to make the motion to ask the Council for guidance
and to make the change to traffic, smell, noise, signage, and lighting and then come back
to council to make recommendations. No one seconds it‘
Asst. Deputy Commissioner and Ms. Harris explain how other areas have gone about
making their agritourism laws, such as the ones from Miami-Dade.
3, Next Meeting/Future Meeting Schedule
Committee members agree t0 meet two weeks from this meeting date on 3/6/24.
4. ADJOURNMENT
The community meeting was adjourned around 8:30 p.m.
TOWN OF LOXAHATCHEE GROVES, FLORIDA
ATTEST: Committee member Joseph Chammas
Committee member Simon Femandez
Lexi Collegio, Public Works Coordinator
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Town 0f Loxahatchee Grows February 21, 2024
IAgri—Tourism Committee Minutes Page No. 5
Committee member Liza Holman
Committee Martin Holman
Committee member Darrin Swank
Don-n < nf’l7
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Agenda
TOWN OF LOXAHATCHEE GROVES
TOWN HALL COUNCIL CHAMBERS
AGRO-TOURISM COMMITTEE MEETING
AGENDA
Wednesday, February 21, 2024 - 6:00 P.M.
Committee Members:
Joseph Chammas, Member
Simon Fernandez, Member
Liza Holman, Member
Martin Holman, Member
Darrin Swank, Member
Administration:
Francine L. Ramaglia, Town Manager
Ruth Holmes, Town Attorney
Interim Town Clerk
Civility: Being "civil" is not a restraint on the First Amendment right to speak out, but it is more than just being polite. Civility is
stating your opinions and beliefs, without degrading someone else in the process. Civility requires a person to respect other people's
opinions and beliefs even if he or she strongly disagrees. It is finding a common ground for dialogue with others. It is being patient,
graceful, and having a strong character. That's why we say "Character Counts" in Town of Loxahatchee Groves. Civility is practiced
at all Town meetings.
Special Needs: In accordance with the provisions of the American with Disabilities Act (ADA), persons in need of a special
accommodation to participate in this proceeding shall within three business days prior to any proceeding, contact the Town Clerk’s
Office, 155 F Road, Loxahatchee Groves, Florida, (561) 793-2418.
Quasi-Judicial Hearings: Some of the matters on the Agenda may be "quasi-judicial" in nature. Town Council Members are
required to disclose all ex-parte communications regarding these items and are subject to voir dire (a preliminary examination of a
witness or a juror by a judge or council) by any affected party regarding those communications. All witnesses testifying will be
"sworn" prior to their testimony. However, the public is permitted to comment, without being sworn. Unsworn comment will be
given its appropriate weight by the Town Council.
Appeal of Decision: If a person decides to appeal any decision made by the Town Council with respect to any matter considered
at this meeting, he or she will need a record of the proceeding, and for that purpose, may need to ensure that a verbatim record of
the proceeding is made, which record includes any testimony and evidence upon which the appeal will be based.
Consent Calendar: Those matters included under the Consent Calendar are typically self-explanatory, non-controversial, and are
not expected to require review or discussion. All items will be enacted by a single motion. If discussion on an item is desired, any
Town Council Member, without a motion, may "pull" or remove the item to be considered separately. If any item is quasi-judicial,
it may be removed from the Consent Calendar to be heard separately, by a Town Council Member, or by any member of the public
desiring it to be heard, without a motion.
Town of Loxahatchee Groves February 21, 2024
Agritourism Committee Page No.2
Call to Order
Roll Call
Approval of Agenda
REGULAR AGENDA
1. Steven Hall, Assistant Deputy Commissioner, Department of Agriculture and Consumer
Services
a. Agritourism FAQ
b. Comments on proposed ordinance/existing regulations/emergency vehicles
2. Continued discussion of Best Management Practices
3. Next Meeting/Future Meeting Schedule
Comments from The Public
The public is encouraged to offer comments on any non-agenda item. Generally, remarks by an
individual will be limited to one time, up to three minutes or less. The Chair or presiding officer
has discretion to adjust the amount of time allocated.
Adjournment
Comment Cards: Anyone from the public wishing to address the Town Council, it is requested that you
complete a Comment Card before speaking. Please fill out completely with your full name and address so
that your comments can be entered correctly in the minutes and give to the Town Clerk. During the agenda
item portion of the meeting, you may only address the item on the agenda being discussed at the time of
your comment. During public comments, you may address any item you desire. Please remember that there
is a three (3) minute time limit on all public comment. Any person who decides to appeal any decision of
the Council with respect to any matter considered at this meeting will need a record of the proceedings and
for such purpose, may need to ensure that a verbatim record of the proceedings is made which included
testimony and evidence upon which the appeal is to be based. Persons with disabilities requiring
accommodations in order to participate should contact the Town Clerk’s Office (561-793-2418), at least 48
hours in advance to request such accommodation.
Memorandum
To: Commissioner Wilton Simpson
From: Steven Hall, Assistant Deputy Commissioner
Date: January 17, 2024
Re: Agritourism Inquiries
The Department of Agriculture and Consumer Services receives many inquiries related to
Agritourism. Most often, we assist bona fide agriculture operations with a misunderstanding of the
law by local governments seeking to prohibit legal activity in support of agriculture.
Recently, our office has received inquiries on activities that do not appear to meet the definition of
agritourism. It is important to distinguish between legitimate agritourism activities and other
commercial activities because the specific benefits to agritourism operations were never intended to
apply to general commercial activities.
Agritourism is critical to support bona fide agriculture which is foundational to the economic
strength of Florida and critical to our national security. The agritourism law is not simply aimed at
cutting red tape, but reduces unnecessary restrictions to an already regulated bona fide agriculture
operation.
Per your request, I have produced this memo to help provide local law enforcement, local
governments, and constituents with information on activities that may not meet the definition of
agritourism.
What is Agritourism and how is it different from other commercial activity?
The statutory definition of agritourism places the emphasis on the purpose of the activity over the
actual activity. Specifically, s. 570.86, Florida Statutes, defines an “agritourism activity” as:
“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.” (Emphasis added.)
Page 3
To fall within this statutory definition, the activity must be related to agriculture and consistent
with the purpose of an agricultural commercial endeavor. In other words, the activities should fit
within the operations of a commercial agriculture operation. Florida agriculture comes in all shapes
and sizes and the determination of whether an activity qualifies as agritourism should be based on
the underlying agricultural endeavors of the operation.
“Greenbelt” property is another name for a property being annually classified as agricultural by the
county property appraiser. Section 193.461, Florida Statutes, provides that “only lands that are
used primarily for bona fide agricultural purposes shall be classified agricultural. The term ‘bona
fide agricultural purposes’ means good faith commercial agricultural use of the land.” Agritourism
activities take place on property classified as agricultural. However, those activities must meet the
definition of agritourism activity as discussed above to be exempt from local government regulation.
One of the most frequent questions is whether wedding venues meet the definition of an agritourism
activity. The Department has long considered weddings to fall within the statutory definition of an
agritourism activity. Even before the legislature amended the statute to expressly include “civic and
ceremonial activities,” 1 there was a reasonable argument that weddings qualified as “recreational” or
“entertainment” activities. There is ample historic support for this conclusion, including the long
tradition of holding recreational activities in barns, 2 and specifically, of holding weddings in barns. 3
However, if a wedding venue became the only activity on the property, or if all other agriculture
activity needed to be suspended in order to accommodate agritourism activity, the activity would not
meet the agritourism definition but rather would fall under general commercial activity.
Is Agritourism exempt from all laws and ordinances?
Section 570.85, Florida Statutes, preempts local government regulation of agritourism activity on
land classified as agricultural land under Section 193.461, Florida Statutes. However, this
preemption does not preclude the authority of a local government to address substantial offsite
impacts of agritourism activities or an emergency. Accordingly, some local governments have use
existing (or have adopted) light, sound, and traffic ordinances for agritourism operations. These
types of ordinances are allowed by the statute as long as they address only the offsite impacts from
the agritourism operation.
Can a greenbelt classification be challenged or removed?
Section 193.461, Florida Statutes, provides that the county property appraiser must annually
classify all property in the county as agricultural or nonagricultural. This statute also provides
important definitions and factors the property appraiser may consider when making this
determination. If the land is no longer used for “bona fide agricultural purposes”, which means a
good faith commercial agricultural use of the land, the property appraiser may remove the
agricultural classification. If the agriculture classification is removed, a local government would no
longer be preempted from regulating the activities on that property.
If removed or denied, a property owner may appeal to the county Value Adjustment Board (VAB)
and may file a lawsuit in circuit court to challenge an adverse VAB decision.
1 Ch. 2016-14, Laws of Fla.
2 Mount, William Sidley. Dance of the Haymakers (Music is Contagious). 1845.
3 Brueghel, Pieter the Younger. Wedding Dance in Barn. 1616.
Page 2 of 3
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In summary, agritourism must be activities that take place on bona fide agriculture land. Also
known as “Greenbelt” property. The activities must be consistent with Section 570.86, Florida
Statutes, and nothing prevents local governments or local law enforcement from addressing off-site
impacts such as sound, light, and traffic ordinances. Finally, there is nothing in the agritourism
statute that prevents law enforcement from addressing criminal activity on “greenbelt” property.
Please let me know if you have any questions.
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Section 80-025. Special event permits.
(A) [Issuance.] Permits for certain special events may be issued subject to the granting of a Special Exception and
subject to compliance with this section.
(B) Minimum site requirements. All special events shall require a minimum of five acres of open space with not
less than 200 feet of street frontage on a public right-of-way.
(C) Setbacks. No activity, temporary tent, mechanical device, temporary sanitary facility, or animal associated
with any special event shall be closer than 300 feet from any surrounding residential plot, nor closer than
100 feet from a street line.
(D) Access. Vehicular access onto any plot used for a special event shall be only from a public street as specified
in subsection (B), above.
(E) Parking. Event parking shall comply with the requirements of Article 95, "Parking and Loading" insofar as the
amount of spaces required, minimum parking space size, and minimum aisle widths. All parking spaces may
be on an unpaved surface. Temporary barriers, guides, signs, and other temporary markings shall be erected
and placed around and within the parking area to facilitate safe and efficient vehicular traffic flow on site.
(F) Lighting. Temporary lighting used to illuminate the special event after dusk shall be designed and arranged to
reflect away from adjacent properties and away from any street, and shall comply with Section 50-030,
"Outdoor Lighting."
(G) Temporary structures, exhibits, and mechanical riding devices. Temporary structures, exhibits, and
mechanical riding devices shall be permitted in conjunction with special events subject to permit and
inspection requirements of all applicable town, county and state agencies. No temporary structure shall be
used for living quarters. All such structures, exhibits, and mechanical riding devices shall be removed from
the premises within three days after the conclusion of the event.
(H) Signs. One temporary sign advertising the event may be erected on the plot where the event will be held not
more than 14 days prior to the event. Such signs shall be no larger than 24 square feet in sign area and no
higher than ten feet above the ground, and shall observe the site distance triangle requirement of Article
105, "Sight Distance." The sign shall be removed by the permit holder within three days of the conclusion of
the special event.
(I) Frequency and duration. No special event shall be permitted for a period of time exceeding three consecutive
days, except that rodeos shall be limited to a maximum of three consecutive days. A total of three special
events can be permitted within a calendar year on any given property. Hours of operation of any event shall
be limited to 9:00 a.m. to 10:00 p.m., Sunday through Thursday, and 9:00 a.m. to midnight on Friday and
Saturday. Any additional time shall require approval by the Town Council, and such requests shall be
considered in conjunction with the criteria set forth in Section 170-025(A) for Special Exceptions.
(J) Liability insurance. Before any permit for a special event is issued, the applicant must provide a certificate
showing proof of a public premises liability and product liability insurance policy that provides coverage in
the amount of $1,000,000.00. The policy must name the Town as an additional insured and must be issued
by an insurance company authorized by the Florida Department of Insurance to do business in the State of
Florida. The policy must be approved by the Town Attorney prior to issuance of any special event permit.
(K) Performance bond. Before any permit for a special event is issued, a performance bond or similar security
acceptable to the Town and naming the Town as beneficiary in the sum of $1,000.00, shall be executed by
the applicant, as principal, and a surety company authorized to do business in the State of Florida and on the
list of the United States Treasury. Such security must be approved by the Town Attorney, and shall be in
effect for the duration of the special event and for six months subsequent to the end of the event. The
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(Supp. No. 3)
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security shall be released at the conclusion of the six month time period upon submittal of an affidavit from
the applicant that all conditions of the security have been met. The conditions of such security shall be that:
(1) The applicant shall comply fully with all the provisions of the Town of Loxahatchee Groves Code of
Ordinances and all applicable county, state or federal laws regarding the sale of goods as permitted;
(2) The applicant will pay all judgments rendered against said applicant for any violation of said laws; and
(3) The applicant will pay all judgments and costs that may be recovered against said applicant by any
persons for damage from any misrepresentation or deceptive practice during the transacting of such
business.
(L) Plans. A plan, drawn to scale, shall be submitted to the Town as part of the Special Exception application
indicating the following:
(1) Plot dimensions;
(2) Adjoining streets and points of access to the plot;
(3) Location of all activities and temporary structures and setbacks from plot lines;
(4) Location and use of any permanent structures and uses existing on the plot;
(5) Location and amount of existing off-street parking areas, proposed temporary additional off-street
parking areas and aisles, including dimensions, location of traffic markings, and signs.
(6) Location and number of any loud speakers and description of any use of them (i.e. music,
announcements);
(7) Location and number of temporary restroom facilities; and
(8) Description of proposed waste management for both trash and portable toilet facilities.
(M) Permit applications. A permit application shall be submitted to the Town Manager, at least 30 days prior to
the special event. The permit application shall include the following:
(1) The name and address of the applicant;
(2) The address and legal description of the plot where the event will be held;
(3) The dates and hours of the event;
(4) The type of event and sponsor, if any;
(5) The plan required by subsection (L) above;
(6) An executed performance bond as required in subsection (K) above;
(7) Proof of insurance as required in subsection (J) above;
(8) Notarized authorization of all property owners of record or their authorized agent, for use of the
property for the special event;
(9) Proof that the Palm Beach Sheriff's Office or other security officials will be present during the event for
safety, security and to direct traffic.
(10) A notarized affidavit of proof of posting the notice sign required by subsection (Q) herein;
(11) The applicable processing and inspection fee, in accordance with the fee schedule in effect;
(12) Proof of notification of the event to all contiguous properties and the written consent of the
contiguous owners;
(13) Cleanup and site restoration plan.
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(N) Agency reviews. Prior to issuance of a permit for a special event, the following entities, as deemed
appropriate on a case-by-case basis, shall review and approve the event in accordance with applicable
statutes, ordinances and codes:
(1) Town Manager;
(2) Town Attorney;
(3) Health Department (State of Florida) if approval is required;
(4) Department of Agriculture (State of Florida) (if food service is to be provided) if approval is required;
(5) Fire Marshal;
(6) Building Official;
(7) Palm Beach County Sheriff's Office; and
(8) Town's current waste collector.
(O) Permit issuance. Once the Town Manager confirms that the application and plot are in compliance with this
section and any other applicable code, statute or ordinance, the application shall be placed on the next
available Town Council agenda for consideration as a Special Exception. Upon approval by the Town Council,
the Town Manager shall issue the permit upon payment by the applicant of a cleanup deposit in the amount
of $1,000.00 to the Town to guarantee site restoration. The permit must be posted on the plot for the
duration of the outdoor event.
(P) Site restoration. The permit holder shall be responsible for restoring the plot to its original condition within
seven days after the end of the special event. Failure to restore the site to its original condition shall result in
forfeiture of the cleanup deposit to the Town. The cleanup deposit shall be used for restoration of the
location.
(Q) Posting of notice. The applicant must post a sign of sufficient size at least 30 days prior to the beginning date
of the special event in a visible location on each street frontage to inform the public of the dates and nature
of the special event which will be held on the property.
(R) [Exceptions.] Exceptions for not-for-profit corporations holding events on their own property.
(1) Not-for profit corporations which hold outdoor events on their own property shall be subject to all of
the requirements set forth above, except the requirements for obtaining a performance bond
(subsection (K)), a cleanup deposit (subsection (O)) and posting of notice (subsection (Q)).
( Ord. No. 2017-15 , § 4(Exh. C), 12-5-2017)
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