CS/HB 449

1	A bill to be entitled
2	An act relating to public fairs and expositions;
3	amending s. 616.001, F.S.; redefining existing terms
4	and defining the terms "annual public fair" and
5	"concession"; amending s. 616.01, F.S., relating to
6	requirements for the proposed charter of an annual
7	public fair; revising provisions to conform to changes
8	made by the act; amending s. 616.02, F.S.; providing
9	that the primary objective of a fair association is
10	the holding, conducting, and promoting of public fairs
11	or expositions; amending s. 616.03, F.S.; providing
12	that a fair association may file its duly approved
13	charter with the Department of State in addition to
14	the Department of Agriculture and Consumer Services
15	for notice purposes; amending s. 616.05, F.S.;
16	providing the process by which a fair association may
17	amend its charter; requiring a fair association that
18	files its charter with the Department of State to file
19	a copy of amendments to its charter with that
20	department; amending s. 616.051, F.S.; revising
21	provisions regarding the process by which a fair
22	association may dissolve its charter; amending s.
23	616.07, F.S.; revising provisions regarding the
24	distribution of public funds and property when a fair
25	association is dissolved; clarifying that certain
26	authorized projects, activities, events, programs, and
27	uses serve an essential governmental purpose and,
28	therefore, are exempt from taxation; amending s.
29	616.08, F.S.; requiring each fair association to hold
30	an annual public fair; authorizing the fair
31	association to license certain property and to grant,
32	lease, rent, or license space for exhibits and
33	concessions; requiring the fair association to
34	stimulate public interest in the benefit and
35	development of certain resources of the state, any
36	county, or a municipality, including facilities for
37	specified uses; providing that certain fair
38	associations are noncommercial activity providers;
39	amending s. 616.101, F.S.; revising provisions related
40	to the review of association accounts and records;
41	amending s. 616.11, F.S.; clarifying the rights of the
42	association to use certain property for public
43	purposes; adding the Department of Transportation to
44	the list of governmental entities that may make
45	contributions to a fair association to assist it in
46	carrying out its purpose; authorizing state, county,
47	and municipal governments to fund certain projects at
48	or connected with public fairs and expositions;
49	amending s. 616.12, F.S.; revising provisions relating
50	to the exemption from certain local business taxes for
51	annual public fairs held by a fair association;
52	amending s. 616.121, F.S., relating to a penalty
53	imposed for making false application for a permit;
54	replacing the term "exhibitions" with the term "annual
55	public fair" to conform to changes made by the act;
56	amending s. 616.14, F.S.; prohibiting a fair
57	association from conducting more than one annual
58	public fair each calendar year; amending ss. 616.15
59	and 616.17, F.S., relating to procedures for obtaining
60	a permit from the Department of Agriculture and
61	Consumer Services to conduct a public fair; revising
62	provisions to conform to changes made by the act;
63	revising requirements for obtaining a departmental
64	waiver from minimum exhibit requirements; amending s.
65	616.185, F.S.; revising provisions prohibiting the
66	offense of trespass upon the grounds or facilities of
67	a public fair; amending s. 616.19, F.S.; revising
68	provisions relating to the designation of fairs;
69	amending s. 616.21, F.S.; revising provisions related
70	to the expenditure of appropriated funds; amending s.
71	616.23, F.S.; removing certain limitations on the use
72	of buildings by counties, municipalities, or fair
73	associations; amending s. 616.24, F.S.; revising
74	provisions related to enforcement; amending s.
75	288.1175, F.S.; conforming cross-references; providing
76	an effective date.
77
78	Be It Enacted by the Legislature of the State of Florida:
79
80	Section 1.  Section 616.001, Florida Statutes, is amended
81	to read:
82	616.001  Definitions.-As used in this chapter, the term:
83	(1)  "Annual public fair" means a community, county,
84	district, regional, or state fair that is held and conducted by
85	a fair association and permitted by the department pursuant to
86	s. 616.15.
87	(2)(1)  "Authority" means the Florida State Fair Authority.
88	(3)(2)  "Community fair" means an annual public a fair that
89	which serves an area of less than an entire county, has and the
90	exhibits that of which are in accordance with s. 616.17, and
91	gives in which premiums or awards are given to exhibitors of the
92	fair. Agricultural products shall be produced in the community
93	the exhibit represents. The majority of the board of directors
94	of the fair shall reside, be employed, or operate a business in
95	the community the fair represents.
96	(4)  "Concession" means use by a fair association, or a
97	grant, lease, or license to a third party, of a portion of the
98	land under the ownership, custody, or control of a fair
99	association for specific uses, or the right to enter upon the
100	land for specific purposes, such as providing rides, games,
101	food, beverage, merchandise for sale, exhibits, projects,
102	activities, events, programs, or other uses authorized in this
103	chapter.
104	(5)(3)  "County fair" means an annual public a fair that
105	which serves an entire county and provides exhibitors with
106	premiums or awards for the exhibits that of which are in
107	accordance with s. 616.17 and in which premiums or awards are
108	given to exhibitors of the fair. Agricultural products must
109	shall be typical of those produced in the county the exhibit
110	represents in meeting minimum exhibit requirements. The majority
111	of the board of directors of the fair shall reside, be employed,
112	or operate a business in the county that the fair association
113	represents.
114	(6)(4)  "Department" means the Department of Agriculture
115	and Consumer Services.
116	(7)(5)  "District fair" means an annual public a fair that
117	which serves at least five counties and has the exhibits that
118	meet the requirements of which are in accordance with s. 616.17.
119	A district, which fair shall pay at least not less than a
120	minimum of $25,000 in cash premiums or awards to exhibitors of
121	the fair. Agricultural products must shall be typical of those
122	produced in the counties county the exhibit represents.
123	Livestock may originate from outside the district, but must be
124	registered in the exhibitor's name at least 30 days before the
125	opening day of the fair. Each county is shall be encouraged to
126	have proportionate exhibits, typical of its respective natural
127	resources. Each county shall have exhibits representing in some
128	phase of basic resources in agriculture and industry.
129	(8)(6)  "Entry" means one item entered for competition or
130	show. An entry may or may not constitute an exhibit, depending
131	upon the regulations as stated in the premium book.
132	(9)(7)  "Exhibit" means one or more entries entered for
133	exhibition and constituting a unit. An exhibit may consist of
134	one or more entries, depending upon the regulations as stated in
135	the premium book. The term includes parades and displays of
136	articles or a collection of articles, whether static,
137	interactive, or dynamic, by a fair association or a third party
138	contracting with a fair association, such as exhibits of
139	animals, art, housewares, or motor vehicles.
140	(10)(8)  "Exhibitor" means an individual, group of
141	individuals, or business, including a fair association or third
142	party contracting with a fair association, which has an exhibit
143	having an entry or entries in a show or fair.
144	(11)(9)  "Fair association" or "association" means an
145	association not for profit incorporated under this chapter for
146	the purpose of conducting and operating public fairs or
147	expositions.
148	(12)(10)  "Public fair or exposition" means a project,
149	activity, event, or program, and use by a fair association,
150	including, but not limited to, the annual public fair, which
151	serves the purposes specified in s. 616.08 and benefits and
152	develops or exposition not for profit for the purpose of the
153	benefit and development of the educational, agricultural,
154	horticultural, livestock, charitable, historical, civic,
155	cultural, scientific, and other resources of this the state, or
156	any county, or counties of the state, or any municipality, or
157	other community in this of any county of the state.
158	(13)(11)  "Regional fair" or "interstate fair" means an
159	annual public a fair of this state and other several states, one
160	of which is Florida, in which fair exhibits meet the
161	requirements of are in accordance with s. 616.17. Agricultural
162	products must shall be typical of those produced in the area the
163	exhibit represents.
164	(14)(12)  "Specialized show" means a show or exhibition
165	exhibiting and emphasizing a livestock or poultry show, or a
166	fruit or vegetable festival, and must shall meet the minimum
167	exhibit requirements specified as defined in s. 616.17. A
168	specialized show may qualify under one of the definitions in
169	subsections (2), (3), (5), (7), and (15) (13).
170	(15)(13)  "State fair" means an annual public a fair that
171	which serves the entire state. Exhibits must comply shall be in
172	accordance with s. 616.17, and cash premiums or awards may be
173	given to exhibitors of the fair.
174	Section 2.  Section 616.01, Florida Statutes, is amended to
175	read:
176	616.01  Number of persons required; requisites of proposed
177	charter.-Twenty-five or more persons who are residents and
178	qualified electors of the county in which wherein the annual
179	public fair is to be located, who wish wishing to form an
180	association not for profit for the purpose of conducting and
181	operating public fairs or expositions, may become incorporated
182	in the following manner. The subscribers They shall submit the
183	proposed charter to the department for review and approval. If
184	the proposed charter is approved, the subscribers shall sign and
185	then present the proposed charter to the judge of the circuit
186	court for the county in which the principal office of the
187	association will is to be located. The a proposed charter must
188	specify signed by the intended incorporators, which shall set
189	forth:
190	(1)  The name of the association and the place where the
191	principal office is to be located. The name of the association
192	shall include the word, "Inc."
193	(2)  The general nature of the objectives its objects and
194	powers of the association, including a provision that the
195	association is incorporated for the sole purpose of conducting
196	and operating public fairs or expositions.
197	(3)  The qualifications and terms of association members
198	and criteria for the manner of their admission and expulsion.
199	Provision may be made in the charter for ex officio membership,
200	and memberships may be for terms of years.
201	(4)  The time for which the association it is to exist.
202	(5)  The name names and residence residences of each
203	subscriber the subscribers.
204	(6)  Procedures for the election of and governance by what
205	officers, who may its affairs are to be managed, and the time at
206	which the officers will be elected or appointed.
207	(7)  The designation names of the officers who will are to
208	manage the its affairs of the association until the first
209	election or appointment under the charter.
210	(8)  Procedures for the adoption, amendment, or rescission
211	of By whom its bylaws of the association are to be made,
212	altered, or rescinded.
213	(9)  The highest amount of indebtedness or liability that
214	may be accrued by the association to which it may at any time
215	subject itself.
216	Section 3.  Section 616.02, Florida Statutes, is amended to
217	read:
218	616.02  Acknowledgment of charter.-The proposed charter of
219	a fair association shall be acknowledged by at least three of
220	its subscribers, each a person of good character and reputation,
221	before an officer authorized to make acknowledgment of deeds.,
222	which Subscribers shall also make and take subscribe to an oath,
223	which must to be attached to the proposed charter, stating that
224	the primary objective object of the association is public
225	service and holding, conducting, and promoting public fairs or
226	expositions; that money and other available assets in value
227	exceeding $5,000 have there has been provided for the purposes
228	of the association property, money, and other available assets
229	in value exceeding $5,000; and that the association will operate
230	intends in good faith to carry out the purposes and objectives
231	objects set forth in its charter.
232	Section 4.  Section 616.03, Florida Statutes, is amended to
233	read:
234	616.03  Notice of application; approval and record of
235	charter.-A notice of intention to apply to the circuit court
236	judge for the charter of a fair association must specify,
237	stating the date that time when the application will be made,
238	shall be sent to the department for approval, and then shall be
239	published in a newspaper in the county where the principal
240	office of the association will is to be located once each week
241	for 4 consecutive weeks. The notice must, setting forth briefly
242	summarize the charter and objectives objects of the proposed
243	association to be formed. The proposed charter shall be
244	submitted to and approved by the board of county commissioners
245	of the county in which the principal office of the association
246	will is to be located. After Upon approval by of the department
247	and the board of county commissioners, the proposed charter and
248	with proof of both approval and publication shall be submitted
249	to the circuit judge on the date specified at the time named in
250	the notice.; and, If no cause is shown to the contrary and if
251	the judge finds that the proposed charter is to be in proper
252	form and will serve so sworn to and for the primary objective
253	object of public service, the judge shall approve the charter
254	and issue an order render a decree incorporating the subscribers
255	under the charter for the objectives objects and purposes
256	specified in the charter and with the powers therein specified.
257	The charter and order decree of incorporation shall then be
258	recorded in the office of the clerk of the circuit court in the
259	county where the principal office of the association will is to
260	be located and provided to in the office of the department.
261	After the order is recorded, Thenceforth the subscribers and
262	their associates are shall be incorporated with the objectives
263	and powers established in the charter and under by the name
264	given in the charter and with the objects and powers set forth
265	therein. During the publication period, the proposed charter,
266	during the time of publication, shall be on file in the office
267	of the clerk of the circuit court. This section does not
268	preclude a fair association from also filing its duly approved
269	charter with the Department of State pursuant to chapter 617 for
270	notice purposes.
271	Section 5.  Section 616.05, Florida Statutes, is amended to
272	read:
273	616.05  Amendment of charter.-A Any fair association may
274	desiring to propose an amendment to of its charter may do so by
275	resolution as provided in its charter or bylaws.
276	(1)  The proposed amendment shall be submitted to the
277	department for approval.
278	(2)  After the department approves the proposed amendment,
279	it will be incorporated into the original charter When approved,
280	the proposed amendment, upon:
281	(a)  Publication of notice in the same manner as provided
282	in s. 616.03;,
283	(b)  Filing the order of the circuit judge approving the
284	amendment with Placement on file in the office of the clerk of
285	the circuit court and in the office of the department, the
286	rendering of a decree of the circuit judge approving and
287	allowing the amendment;, and
288	(c)  Being recorded in the clerk's office, shall be
289	incorporated into the original charter.
290
291	If a fair association has filed its charter with the Department
292	of State pursuant to chapter 617, a copy of any amendment to the
293	charter must be filed with the Department of State for notice
294	purposes.
295	Section 6.  Section 616.051, Florida Statutes, is amended
296	to read:
297	616.051  Dissolving a charter.-A Any fair association may
298	desiring to dissolve its charter may do so by resolution as
299	provided in its charter or bylaws. The proposal for dissolving
300	the charter shall be submitted to the department for approval.
301	Upon approval and upon publication of notice and proof that all
302	indebtedness has been paid and no claims are outstanding against
303	the association, the circuit judge may, by decree, dissolve the
304	association and order its remaining public funds remaining to be
305	distributed as recommended by the board of directors.
306	Section 7.  Section 616.07, Florida Statutes, is amended to
307	read:
308	616.07  Members not personally liable; property of
309	association held in trust; exempt from taxation.-
310	(1)  A No member, officer, director, or trustee of a fair
311	association is not shall be personally liable for any of the
312	debts of the association,; and no money or property of a fair
313	association may not shall be distributed as profits or dividends
314	among its members, officers, directors, or trustees., but
315	(2)  All money and property of the association, except that
316	necessary shall, except for the payment of its just debts and
317	liabilities, are be and remain perpetually public property,
318	shall be administered by the association as trustee, and shall
319	to be used exclusively for the legitimate purpose of the
320	association. So long as they are used for that purpose, all
321	money and property of the association are, and shall be, so long
322	as so used, exempt from all forms of taxation, including special
323	assessments, and any projects, activities, events, programs, and
324	uses authorized by this part serve an essential governmental
325	purpose and, therefore, are not taxable and are not subject to
326	assessments.
327	(3)(2)  Upon order of the circuit judge, any public funds
328	or property remaining in a fair association when the association
329	is dissolved shall be distributed by resolution of the board of
330	directors, upon order of the circuit judge to any county or any
331	municipality within the county. The board, and may designate
332	provide in the distribution resolution the public project that
333	will benefit from on which the funds shall be used or the manner
334	in which the property will be used. If the use to which the
335	property shall be put; however, where property has been
336	contributed by a municipality or county, the property shall be
337	reconveyed to the municipality or county that gave the property
338	to the association making the contribution of said property.
339	Section 8.  Section 616.08, Florida Statutes, is amended to
340	read:
341	616.08  Additional powers of association.-Each Every fair
342	association shall have the power to hold, conduct, and operate
343	public fairs and expositions, including an annual public fair.
344	annually and For that such purpose, a fair association may to
345	buy, lease, acquire, and occupy lands, and erect buildings and
346	improvements of any kind on all kinds thereon, and develop those
347	lands, buildings, and improvements; to sell, mortgage, lease,
348	license, or convey any such property or any part thereof, in its
349	discretion, from time to time for the purpose of public fairs or
350	expositions; to charge and receive compensation for admission to
351	those public fairs and expositions, and grant a lease or license
352	or rent for the sale or renting of space for exhibits,
353	concessions exhibitions, and for other purposes privileges; to
354	conduct and hold public meetings; to supervise and conduct
355	lectures and all kinds of demonstration work in connection with
356	or for the improvement of agriculture, horticulture,
357	stockraising and poultry raising, and all kinds of farming and
358	related matters connected therewith; to hold exhibits of
359	agricultural and horticultural products and livestock, poultry,
360	equine chickens, and other domestic animals; to give
361	certificates or diplomas of excellence; to promote the progress
362	of the geographical area it represents and serves and stimulate
363	public interest in the advantages and development of that area
364	by providing facilities for the benefit and development of the
365	educational, agricultural, horticultural, livestock, equestrian,
366	charitable, historical, civic, cultural, scientific, and other
367	resources of the state, any county of the state, or any
368	municipality or other community of any county of the state,
369	including facilities for exhibits, concessions, and industrial
370	exhibitions, public gatherings, cultural activities,
371	entertainment events, recreational vehicle parking, auctions,
372	trade shows, concerts, and other functions that which the
373	association determines will enhance the educational, physical,
374	economic, and cultural interests of the public; and generally to
375	do, perform, and carry out all matters, acts, and business usual
376	or proper in connection with public fairs and expositions.; but
377	This enumeration of particular powers does shall not diminish be
378	in derogation of or limit any special provisions of the charter
379	of the association inserted for the regulation of its business,
380	and the conduct of its affairs of creating, defining, limiting,
381	and regulating the powers of the association or its officers or
382	members.; provided, The treasurer or similar officer of the
383	association shall be required to give a good and sufficient bond
384	with a surety company duly authorized under the laws of the
385	state, payable to the association and in an amount equal to the
386	value of the total amount of money and other property in that
387	officer's possession or custody, in addition to the value of any
388	money and property of the association which that may reasonably
389	be expected to come into that officer's possession or custody. A
390	fair association organized under this chapter is a noncommercial
391	activity provider.
392	Section 9.  Section 616.101, Florida Statutes, is amended
393	to read:
394	616.101  Annual review of accounts and records.-Once each
395	year, a review of The accounts and records of every fair
396	association whose annual public fair has an annual attendance of
397	more than 25,000, based on sound accounting practices and
398	procedures, shall be reviewed annually made by a qualified
399	accountant licensed by the state. A fair association whose
400	annual public fair has an annual attendance of 25,000 or fewer
401	less must submit an annual financial statement that has been
402	signed by an officer of the county. The results of the all such
403	reviews shall be kept in the official records of each
404	association, available to all directors of the association. A
405	certified copy of the review shall be filed with in the office
406	of the department:
407	(1)  On request by the department to certify expenditures
408	of the premiums awarded to exhibitors of a fair state premium or
409	of building funds when there is evidence of violation of state
410	laws; or
411	(2)  When the association is applying for a fair permit.
412	Section 10.  Section 616.11, Florida Statutes, is amended
413	to read:
414	616.11  Association authorized to contract with
415	municipality, county, or state for use of land; admission fees;
416	state, counties, and municipalities authorized to make
417	contributions.-Any fair association may enter into any contract,
418	lease, or agreement with any municipality or county in the state
419	or with the state or agency or subdivision of the state thereof
420	for the donation to or the use and occupation by the association
421	of any land owned, leased, or held by the county or municipality
422	or the state or agency or subdivision of the state thereof
423	during a such time and on the such terms approved by as the
424	county or municipality or the state or agency or subdivision
425	thereof may authorize, with the right on the part of the
426	association to use the property for public charge and receive an
427	admission fee to the fair or exposition purposes or any part
428	thereof. The state, the Department of Transportation and or any
429	other agency or subdivision of the state thereof, the board of
430	county commissioners of any county within which the fair or
431	exhibition is held, and the mayor and city council of any
432	municipality within the county may also make contributions of
433	money, property, or services to fair associations to assist in
434	carrying out the purposes of the associations under as
435	authorized by this chapter. The state or any agency or
436	subdivision of the state, boards of county commissioners of the
437	various counties of the state, and the mayor and city council of
438	any municipality within the county may expend in their
439	discretion such sums of money as they deem necessary for the
440	best interests of their counties and in aiding the development
441	of the educational, agricultural, horticultural, livestock,
442	charitable, historical, civic, cultural, scientific, and any
443	other resources of their counties at and in connection with
444	public fairs and expositions, including the offering and paying
445	of premiums for the exhibitions of resources of the state,
446	county, or municipality their respective counties.
447	Section 11.  Section 616.12, Florida Statutes, is amended
448	to read:
449	616.12  Licenses upon certain shows; distribution of fees;
450	exemptions.-
451	(1)  Each Every person who operates may operate under any
452	terms whatsoever, including a lease arrangement, any traveling
453	show, exhibition, amusement enterprise, carnival, vaudeville,
454	exhibit, minstrel, rodeo, theatrical, game or test of skill,
455	riding device, dramatic repertoire, or other show or amusement,
456	or concession, (including a concession operating in a tent,
457	enclosure, or other temporary structure, whether covered or
458	uncovered) within the grounds of, and in connection with, any
459	annual public fair or exposition held by a fair association
460	shall pay the license taxes now or hereafter provided by law.;
461	However, if in the event the association satisfies the
462	requirements fully qualifies with all other provisions of this
463	chapter, including securing the required fair permit from the
464	department, the traveling show, exhibition, amusement
465	enterprise, carnival, vaudeville, minstrel, rodeo, theatrical,
466	game or test of skill, riding device, dramatic repertoire, or
467	other show or amusement (including a concession operating in a
468	tent, enclosure, or other temporary structure, whether covered
469	or uncovered) within the grounds of, and in connection with, any
470	such fair or exposition is not required to pay any such license
471	taxes and local business tax authorized in chapter 205 are
472	waived and the department shall issue tax, but shall operate
473	under a tax exemption certificate issued by the department. The
474	department shall adopt prescribe the proper forms and rules to
475	administer for carrying out the purpose and intent expressed in
476	this section, including the necessary tax exemption certificate,
477	to be signed by the tax collector, showing that the fair
478	association has met all requirements and that the traveling
479	show, exhibition, amusement enterprise, carnival, vaudeville,
480	exhibit, minstrel, rodeo, theatrical, game or test of skill,
481	riding device, dramatic repertoire, or other show or amusement,
482	or concession (including a concession operating in a tent,
483	enclosure, or other temporary structure, whether covered or
484	uncovered) has met in full all requirements of this chapter and
485	accordingly is fully exempt.
486	(2)  Any fair association securing the required annual fair
487	permit from the department is exempt from local business tax as
488	defined by chapter 205 occupational license fees, occupational
489	permit fees, or any occupational taxes assessed by any county,
490	municipality, political subdivision, department, or agency, or
491	instrumentality thereof.
492	Section 12.  Section 616.121, Florida Statutes, is amended
493	to read:
494	616.121  Making false application.-Any person who, with
495	fraudulent intent, makes or causes to be made any false
496	statement in an application for a permit to hold an annual a
497	public fair or exposition or in an application for distribution
498	of the amount paid for license taxes under the provisions of
499	this chapter, with fraudulent intent of obtaining that permit or
500	amount, and by that false statement obtains that permit or
501	distribution, any part of that amount for himself or herself or
502	for any firm or corporation in which that person has a financial
503	interest, or for whom that person is acting, commits a
504	misdemeanor of the first degree, punishable as provided in s.
505	775.082 or s. 775.083.
506	Section 13.  Section 616.14, Florida Statutes, is amended
507	to read:
508	616.14  Number of fairs; penalty.-
509	(1)  A fair association may not conduct more than one
510	annual public fair each calendar year. Any fair association that
511	conducts more than one public fair or exposition during any one
512	calendar year is subject to revocation of its charter by the
513	court granting the charter.
514	(2)  Any fair association that does not conduct an annual a
515	public fair or exposition for a period of 3 calendar years
516	shall, upon the recommendation of the department, have its
517	charter revoked by the court granting the charter.
518	Section 14.  Section 616.15, Florida Statutes, is amended
519	to read:
520	616.15  Permit from Department of Agriculture and Consumer
521	Services required.-
522	(1)  An annual No public fair or exposition may not be
523	conducted by a fair association without a permit issued by the
524	department. The permit shall be issued in the following manner:
525	The association shall present to the department an application
526	for a the permit, signed by an officer of the association, at
527	least 3 months before holding the annual public fair. The or
528	exposition; this application shall be accompanied by a fee in an
529	amount to be determined by the department not to exceed $366 or
530	be less than $183 for processing the application and making any
531	required investigation. The application fee must be at least
532	$183 and may not exceed $366. The Fees collected under this
533	subsection shall be deposited in the General Inspection Trust
534	Fund of the State Treasury in a special account to be known as
535	the "Agricultural and Livestock Fair Account." A copy of the
536	application must be sent to each fair association located within
537	50 miles of the site of the proposed annual public fair or
538	exposition at the same time the application is sent to the
539	department. The department may issue a the permit if the
540	applicant provides if the application sets forth:
541	(a)  The opening and closing dates of the proposed annual
542	public fair or exposition.
543	(b)  The name and address of the owner of the central
544	amusement attraction that will to operate during the annual
545	public fair or exposition.
546	(c)  An affidavit properly executed by the president or
547	other chief executive officer of the applicant association
548	certifying the existence of a binding contract entered into by
549	the association or exposition and the owner of the central
550	amusement attraction covering the period for which the permit
551	from the department is applied. The contract or contracts
552	between the parties shall be available for inspection by duly
553	authorized agents of the department in administering this
554	chapter.
555	(d)  A written statement that the main purpose of the
556	association is to conduct and operate a public the proposed fair
557	and or exposition, including the annual fair, for the benefit
558	and development of the educational, agricultural, horticultural,
559	livestock, charitable, historical, civic, cultural, scientific,
560	and other resources of the geographical area the fair
561	association or exposition represents and serves. The statement
562	must shall be in writing, shall be subscribed, and shall be
563	acknowledged by an officer of the association before an officer
564	authorized to take acknowledgments.
565	(e)  A premium list of the current annual public fair or
566	exposition to be conducted or a copy of the previous year's
567	premium list showing all premiums and awards to be offered to
568	exhibitors in various departments of the annual public fair,
569	which may include, but are not limited to, such as art
570	exhibition, beef cattle, county exhibits, dairy cattle,
571	horticulture, swine, women's department, 4-H Club activities,
572	Future Farmers of America activities, Future Homemakers of
573	America activities, poultry and egg exhibits, and community
574	exhibits, the foregoing being a list of the usual exhibitors of
575	a fair and not to be construed as limiting the premium list to
576	these departments. The premium list, which may be submitted
577	separately from the application, must be submitted at least at
578	any time not later than 60 days before the holding of the annual
579	public fair begins operation or exposition, and the department
580	shall issue the permit as provided in this section within 10
581	days thereafter if the applicant is properly qualified.
582	(f)  Proof of liability insurance insuring the association
583	against liability for injury to persons, in an amount of not
584	less than $300,000 per occurrence.
585	(g)  A copy of the most recent review.
586	(h)  A list of all current members of the board of
587	directors of the association and their contact information,
588	including home address addresses.
589
590	The department shall issue the permit within 10 days after it
591	receives all the information and the applicant qualifies
592	pursuant to this section.
593	(2)  The department shall administer and enforce the
594	provisions of this chapter except as to the regulation of games,
595	which shall be regulated by local law enforcement agencies. The
596	department shall adopt is authorized to make and publish rules
597	to administer, not inconsistent with this chapter, including
598	rules governing as to the form and contents of the application
599	for the permit and any reports that it may deem necessary in
600	enforcing the provisions of this chapter.
601	(3)  Notwithstanding any fair association meeting the
602	requirements set forth in subsection (1), the department may
603	order a full investigation to determine if whether or not the
604	fair association meets in full the requirements of s. 616.01,
605	and accordingly may withhold a permit from, deny a permit to, or
606	withdraw a permit once issued to the association. The department
607	shall also consider whether any proposed annual public fair or
608	exposition, as set forth in an application for a permit, will
609	compete with another annual public fair or exposition within 50
610	miles of the proposed annual public fair or exposition with
611	respect to name, dates of operation, or market. The department
612	may deny, withhold, or withdraw a permit from a fair association
613	if the department determines that such fair association will
614	compete with another association. The department shall give
615	preference to existing fair associations with established dates,
616	locations, and names. The determination by the department is
617	shall be final.
618	Section 15.  Subsections (1) and (3) of section 616.17,
619	Florida Statutes, are amended to read:
620	616.17  Minimum exhibits.-
621	(1)  An annual No public fair or exposition conducted by a
622	fair association may not be approved by the department for a tax
623	exemption certificate unless the fair association or exposition
624	displays at least the following minimum exhibits, but this
625	requirement may not be construed as a limitation on the number
626	of exhibits which the fair or exposition may have:
627	(a)  Three exhibits from 4-H Clubs or Future Farmers of
628	America chapters which are officially approved by those clubs or
629	chapters.
630	(b)  Three exhibits of community, individual, or county
631	farm displays.
632	(c)  Three exhibits of field crops in at least three
633	different crops.
634	(d)  Three exhibits of horticultural products.
635	(e)  Three culinary exhibits such as canned fruits, canned
636	vegetables, canned pickles or juices, jams, jellies, cakes,
637	bread, candies, or eggs.
638	(f)  Three exhibits of household arts such as homemade
639	spreads, towels, luncheon sets, rugs, clothing, or baby apparel.
640	(g)  Three exhibits of fruit or vegetable crops in at least
641	three different crops.
642	(h)  Three exhibits of arts, crafts, photography, or
643	antiques or of scout handiwork.
644	(i)  Three exhibits from home demonstration, home
645	economics, educational, religious, or civic groups.
646	(j)  Three exhibits of livestock such as dairy cows, beef
647	cattle, hogs, sheep, poultry, horses, or mules.
648	(3)  The department may provide a waiver to the minimum
649	exhibit requirements of this section to any fair association
650	that submits an application for the waiver to the department, at
651	least 30 60 days before prior to the annual public fair or
652	exposition in need of the waiver, and shows good cause why the
653	requirements of this section cannot be met.
654	Section 16.  Section 616.185, Florida Statutes, is amended
655	to read:
656	616.185  Trespass upon grounds or facilities of public fair
657	or exposition; penalty; arrests.-
658	(1)  For the purposes of this chapter, "trespass" upon the
659	grounds of the Florida State Fair Authority or any other public
660	fair association or exposition permitted under s. 616.15 means:
661	(a)  Entering and remaining upon any grounds or facilities
662	owned, operated, or controlled by the Florida State Fair
663	Authority or any other association public fair or exposition
664	permitted under s. 616.15 and committing any act that which
665	disrupts the orderly conduct of any authorized activity of the
666	fair association organization in charge, or its lessees,
667	licensees, or the general public on those grounds or facilities;
668	or
669	(b)  Entering and remaining on those grounds or facilities
670	after being directed not to enter or to leave them by the
671	executive director of the authority, chief administrative
672	officer of the fair association or exposition, or any employee
673	or agent of the association thereof designated by the executive
674	director or administrator to maintain order on those grounds and
675	facilities, after a determination by the executive director,
676	administrator, employee, or agent that the entering or remaining
677	on those grounds or facilities is in violation of the rules and
678	regulations of the Florida State Fair Authority or permitted
679	public fair association or exposition or is disrupting the
680	orderly conduct of any authorized activity of the fair
681	association organization in charge, or its lessees, licensees,
682	or the general public on those grounds or facilities.
683	(2)  Any person found guilty of committing the offense of
684	trespass upon the grounds of the Florida State Fair Authority or
685	any other public fair association or exposition permitted under
686	s. 616.15 commits is guilty of a misdemeanor of the second
687	degree, punishable as provided in s. 775.082 or s. 775.083.
688	(3)  A law enforcement peace officer may arrest any person
689	on or off the premises, without a warrant, if the officer has
690	probable cause for believing such person has committed the
691	offense of trespass upon the grounds of the Florida State Fair
692	Authority or any public fair association or exposition permitted
693	under s. 616.15. Such an arrest does shall not render the law
694	enforcement peace officer criminally or civilly liable for false
695	arrest, false imprisonment, or unlawful detention.
696	Section 17.  Section 616.19, Florida Statutes, is amended
697	to read:
698	616.19  Designation of fairs.-Any public fair association
699	or exposition heretofore or hereafter created pursuant to this
700	chapter shall be designated by the name stated in the permit
701	required or stated by its fair association and is shall be
702	recognized by the state as equal in dignity to the Florida State
703	Fair and as fully recognized as the Florida State Fair.
704	Section 18.  Section 616.21, Florida Statutes, is amended
705	to read:
706	616.21  Agricultural and livestock exhibit buildings;
707	conditions for expenditures.-No part of Appropriated funds may
708	not be expended except upon approval and with the recommendation
709	of the department. Further, the no part of such an appropriation
710	may not be expended for the construction of a building unless
711	and until a good fee simple title to the land on which the
712	building is to be constructed is vested in the county,
713	municipality, or fair association for which the building is to
714	be constructed.
715	Section 19.  Section 616.23, Florida Statutes, is amended
716	to read:
717	616.23  Use of buildings.-The buildings authorized by ss.
718	616.21-616.23 may be used by the county, municipality, or fair
719	association for which the buildings are built as agricultural or
720	livestock exhibition buildings for public fair or exposition
721	purposes in the promotion of the agricultural and livestock
722	industries. These buildings may be used as office space for
723	agricultural agents; however, no more than 20 percent of the
724	buildings may be so used.
725	Section 20.  Subsection (2) of section 616.24, Florida
726	Statutes, is amended to read:
727	616.24  Enforcement.-
728	(2)  It is the duty of each every state attorney, law
729	enforcement officer as defined by chapter 943, and other
730	appropriate county or municipal officer to enforce this chapter
731	and the rules adopted pursuant thereto and to assist the
732	department and its inspectors and agents in the enforcement of
733	this chapter and the rules adopted pursuant thereto.
734	Section 21.  Paragraph (a) of subsection (4) and subsection
735	(6) of section 288.1175, Florida Statutes, are amended to read:
736	288.1175  Agriculture education and promotion facility.-
737	(4)  The Department of Agriculture and Consumer Services
738	shall certify a facility as an agriculture education and
739	promotion facility if the Department of Agriculture and Consumer
740	Services determines that:
741	(a)  The applicant is a unit of local government as defined
742	in s. 218.369, or a fair association as defined in s.
743	616.001(11) 616.001(9), which is responsible for the planning,
744	design, permitting, construction, renovation, management, and
745	operation of the agriculture education and promotion facility or
746	holds title to the property on which such facility is to be
747	developed and located.
748	(6)  Funds may not be expended to develop or subsidize
749	privately owned facilities, except for facilities owned by fair
750	associations as defined in s. 616.001(11) 616.001(9).
751	Section 22.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.