Florida Senate - 2012 SB 502
By Senator Hays
20-00260C-12 2012502__
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; exempting existing fair associations
38 from local land use and zoning ordinances that
39 conflict with the uses and purposes of public fairs
40 and expositions; providing that certain fair
41 associations are noncommercial activity providers;
42 amending s. 616.101, F.S.; revising provisions related
43 to the review of association accounts and records;
44 amending s. 616.11, F.S.; clarifying the rights of the
45 association to use certain property for public
46 purposes; adding the Department of Transportation to
47 the list of governmental entities that may make
48 contributions to a fair association to assist it in
49 carrying out its purpose; authorizing state, county,
50 and municipal governments to fund certain projects at
51 or connected with public fairs and expositions;
52 amending s. 616.12, F.S.; revising provisions relating
53 to the exemption from certain license taxes and local
54 business taxes for annual public fairs held by a fair
55 association; amending s. 616.121, F.S., relating to a
56 penalty imposed for making false application for a
57 permit; replacing the term “exhibitions” with the term
58 “annual public fair” to conform to changes made by the
59 act; amending s. 616.14, F.S.; prohibiting a fair
60 association from conducting more than one annual
61 public fair each calendar year; amending ss. 616.15
62 and 616.17, F.S., relating to procedures for obtaining
63 a permit from the Department of Agriculture and
64 Consumer Services to conduct a public fair; revising
65 provisions to conform to changes made by the act;
66 revising requirements for obtaining a departmental
67 waiver from minimum exhibit requirements; amending s.
68 616.185, F.S.; revising provisions prohibiting the
69 offense of trespass upon the grounds or facilities of
70 a public fair; amending s. 616.19, F.S.; revising
71 provisions relating to the designation of fairs;
72 amending s. 616.21, F.S.; revising provisions related
73 to the expenditure of appropriated funds; amending s.
74 616.23, F.S.; removing certain limitations on the use
75 of buildings by counties, municipalities, or fair
76 associations; amending s. 616.24, F.S.; revising
77 provisions related to enforcement; amending s.
78 288.1175, F.S.; conforming cross-references; providing
79 an effective date.
80
81 Be It Enacted by the Legislature of the State of Florida:
82
83 Section 1. Section 616.001, Florida Statutes, is amended to
84 read:
85 616.001 Definitions.—As used in this chapter, the term:
86 (1) “Annual public fair” means a community, county,
87 district, regional, or state fair that is held and conducted by
88 a fair association and permitted by the department pursuant to
89 s. 616.15.
90 (2)(1) “Authority” means the Florida State Fair Authority.
91 (3)(2) “Community fair” means an annual public a fair that
92 which serves an area of less than an entire county, has and the
93 exhibits that of which are in accordance with s. 616.17, and
94 gives in which premiums or awards are given to exhibitors of the
95 fair. Agricultural products shall be produced in the community
96 the exhibit represents. The majority of the board of directors
97 of the fair shall reside, be employed, or operate a business in
98 the community the fair represents.
99 (4) “Concession” means use by a fair association, or a
100 grant, lease, or license to a third party, of a portion of the
101 land under the ownership, custody, or control of a fair
102 association for specific uses, or the right to enter upon the
103 land for specific purposes, such as providing rides, games,
104 food, beverage, merchandise for sale, exhibits, projects,
105 activities, events, programs, or other uses authorized in this
106 chapter.
107 (5)(3) “County fair” means an annual public a fair that
108 which serves an entire county and provides exhibitors with
109 premiums or awards for the exhibits that of which are in
110 accordance with s. 616.17 and in which premiums or awards are
111 given to exhibitors of the fair. Agricultural products must
112 shall be typical of those produced in the county the exhibit
113 represents in meeting minimum exhibit requirements. The majority
114 of the board of directors of the fair shall reside, be employed,
115 or operate a business in the county that the fair association
116 represents.
117 (6)(4) “Department” means the Department of Agriculture and
118 Consumer Services.
119 (7)(5) “District fair” means an annual public a fair that
120 which serves at least five counties and has the exhibits that
121 meet the requirements of which are in accordance with s. 616.17.
122 A district, which fair shall pay at least not less than a
123 minimum of $25,000 in cash premiums or awards to exhibitors of
124 the fair. Agricultural products must shall be typical of those
125 produced in the counties county the exhibit represents.
126 Livestock may originate from outside the district, but must be
127 registered in the exhibitor’s name at least 30 days before the
128 opening day of the fair. Each county is shall be encouraged to
129 have proportionate exhibits, typical of its respective natural
130 resources. Each county shall have exhibits representing in some
131 phase of basic resources in agriculture and industry.
132 (8)(6) “Entry” means one item entered for competition or
133 show. An entry may or may not constitute an exhibit, depending
134 upon the regulations as stated in the premium book.
135 (9)(7) “Exhibit” means one or more entries entered for
136 exhibition and constituting a unit. An exhibit may consist of
137 one or more entries, depending upon the regulations as stated in
138 the premium book. The term includes parades and displays of
139 articles or a collection of articles, whether static,
140 interactive, or dynamic, by a fair association or a third party
141 contracting with a fair association, such as exhibits of
142 animals, art, housewares, or motor vehicles.
143 (10)(8) “Exhibitor” means an individual, group of
144 individuals, or business, including a fair association or third
145 party contracting with a fair association, which has an exhibit
146 having an entry or entries in a show or fair.
147 (11)(9) “Fair association” or “association” means an
148 association not for profit incorporated under this chapter for
149 the purpose of conducting and operating public fairs or
150 expositions.
151 (12)(10) “Public fair or exposition” means the annual
152 public fair or any other project, activity, event, or program of
153 a fair association which serves the purposes specified in s.
154 616.08 and benefits and develops or exposition not for profit
155 for the purpose of the benefit and development of the
156 educational, agricultural, horticultural, livestock, charitable,
157 historical, civic, cultural, scientific, and other resources of
158 this the state, or any county, or counties of the state, or any
159 municipality, or other community in this of any county of the
160 state.
161 (13)(11) “Regional fair” or “interstate fair” means an
162 annual public a fair of this state and other several states, one
163 of which is Florida, in which fair exhibits meet the
164 requirements of are in accordance with s. 616.17. Agricultural
165 products must shall be typical of those produced in the area the
166 exhibit represents.
167 (14)(12) “Specialized show” means a show or exhibition
168 exhibiting and emphasizing a livestock or poultry show, or a
169 fruit or vegetable festival, and must shall meet the minimum
170 exhibit requirements specified as defined in s. 616.17. A
171 specialized show may qualify under one of the definitions in
172 subsections (2), (3), (5), (7), and (15) (13).
173 (15)(13) “State fair” means an annual public a fair that
174 which serves the entire state. Exhibits must comply shall be in
175 accordance with s. 616.17, and cash premiums or awards may be
176 given to exhibitors of the fair.
177 Section 2. Section 616.01, Florida Statutes, is amended to
178 read:
179 616.01 Number of persons required; requisites of proposed
180 charter.—Twenty-five or more persons who are residents and
181 qualified electors of the county in which wherein the annual
182 public fair is to be located, who wish wishing to form an
183 association not for profit for the purpose of conducting and
184 operating public fairs or expositions, may become incorporated
185 in the following manner. The subscribers They shall submit the
186 proposed charter to the department for review and approval. If
187 the proposed charter is approved, the subscribers shall sign and
188 then present the proposed charter to the judge of the circuit
189 court for the county in which the principal office of the
190 association will is to be located. The a proposed charter must
191 specify signed by the intended incorporators, which shall set
192 forth:
193 (1) The name of the association and the place where the
194 principal office is to be located. The name of the association
195 shall include the word, “Inc.”
196 (2) The general nature of the objectives its objects and
197 powers of the association, including a provision that the
198 association is incorporated for the sole purpose of conducting
199 and operating public fairs or expositions.
200 (3) The qualifications and terms of association members and
201 criteria for the manner of their admission and expulsion.
202 Provision may be made in the charter for ex officio membership,
203 and memberships may be for terms of years.
204 (4) The time for which the association it is to exist.
205 (5) The name names and residence residences of each
206 subscriber the subscribers.
207 (6) Procedures for the election of and governance by what
208 officers, who may its affairs are to be managed, and the time at
209 which the officers will be elected or appointed.
210 (7) The designation names of the officers who will are to
211 manage the its affairs of the association until the first
212 election or appointment under the charter.
213 (8) Procedures for the adoption, amendment, or rescission
214 of By whom its bylaws of the association are to be made,
215 altered, or rescinded.
216 (9) The highest amount of indebtedness or liability that
217 may be accrued by the association to which it may at any time
218 subject itself.
219 Section 3. Section 616.02, Florida Statutes, is amended to
220 read:
221 616.02 Acknowledgment of charter.—The proposed charter of a
222 fair association shall be acknowledged by at least three of its
223 subscribers, each a person of good character and reputation,
224 before an officer authorized to make acknowledgment of deeds.,
225 which Subscribers shall also make and take subscribe to an oath,
226 which must to be attached to the proposed charter, stating that
227 the primary objective object of the association is public
228 service and holding, conducting, and promoting public fairs or
229 expositions; that money and other available assets in value
230 exceeding $5,000 have there has been provided for the purposes
231 of the association property, money, and other available assets
232 in value exceeding $5,000; and that the association will operate
233 intends in good faith to carry out the purposes and objectives
234 objects set forth in its charter.
235 Section 4. Section 616.03, Florida Statutes, is amended to
236 read:
237 616.03 Notice of application; approval and record of
238 charter.—A notice of intention to apply to the circuit court
239 judge for the charter of a fair association must specify,
240 stating the date that time when the application will be made,
241 shall be sent to the department for approval, and then shall be
242 published in a newspaper in the county where the principal
243 office of the association will is to be located once each week
244 for 4 consecutive weeks. The notice must, setting forth briefly
245 summarize the charter and objectives objects of the proposed
246 association to be formed. The proposed charter shall be
247 submitted to and approved by the board of county commissioners
248 of the county in which the principal office of the association
249 will is to be located. After Upon approval by of the department
250 and the board of county commissioners, the proposed charter and
251 with proof of both approval and publication shall be submitted
252 to the circuit judge on the date specified at the time named in
253 the notice.; and, If no cause is shown to the contrary and if
254 the judge finds that the proposed charter is to be in proper
255 form and will serve so sworn to and for the primary objective
256 object of public service, the judge shall approve the charter
257 and issue an order render a decree incorporating the subscribers
258 under the charter for the objectives objects and purposes
259 specified in the charter and with the powers therein specified.
260 The charter and order decree of incorporation shall then be
261 recorded in the office of the clerk of the circuit court in the
262 county where the principal office of the association will is to
263 be located and provided to in the office of the department.
264 After the order is recorded, Thenceforth the subscribers and
265 their associates are shall be incorporated with the objectives
266 and powers established in the charter and under by the name
267 given in the charter and with the objects and powers set forth
268 therein. During the publication period, the proposed charter,
269 during the time of publication, shall be on file in the office
270 of the clerk of the circuit court. This section does not
271 preclude a fair association from also filing its duly approved
272 charter with the Department of State pursuant to chapter 617 for
273 notice purposes.
274 Section 5. Section 616.05, Florida Statutes, is amended to
275 read:
276 616.05 Amendment of charter.—A Any fair association may
277 desiring to propose an amendment to of its charter may do so by
278 resolution as provided in its charter or bylaws.
279 (1) The proposed amendment shall be submitted to the
280 department for approval.
281 (2) After the department approves the proposed amendment,
282 it will be incorporated into the original charter When approved,
283 the proposed amendment, upon:
284 (a) Publication of notice in the same manner as provided in
285 s. 616.03;,
286 (b) Filing the order of the circuit judge approving the
287 amendment with Placement on file in the office of the clerk of
288 the circuit court and in the office of the department, the
289 rendering of a decree of the circuit judge approving and
290 allowing the amendment;, and
291 (c) Being recorded in the clerk’s office, shall be
292 incorporated into the original charter.
293
294 If a fair association has filed its charter with the Department
295 of State pursuant to chapter 617, a copy of any amendment to the
296 charter must be filed with the Department of State for notice
297 purposes.
298 Section 6. Section 616.051, Florida Statutes, is amended to
299 read:
300 616.051 Dissolving a charter.—A Any fair association may
301 desiring to dissolve its charter may do so by resolution as
302 provided in its charter or bylaws. The proposal for dissolving
303 the charter shall be submitted to the department for approval.
304 Upon approval and upon publication of notice and proof that all
305 indebtedness has been paid and no claims are outstanding against
306 the association, the circuit judge may, by decree, dissolve the
307 association and order its remaining public funds remaining to be
308 distributed as recommended by the board of directors.
309 Section 7. Section 616.07, Florida Statutes, is amended to
310 read:
311 616.07 Members not personally liable; property of
312 association held in trust; exempt from taxation.—
313 (1) A No member, officer, director, or trustee of a fair
314 association is not shall be personally liable for any of the
315 debts of the association,; and no money or property of a fair
316 association may not shall be distributed as profits or dividends
317 among its members, officers, directors, or trustees., but
318 (2) All money and property of the association, except that
319 necessary shall, except for the payment of its just debts and
320 liabilities, are be and remain perpetually public property,
321 shall be administered by the association as trustee, and shall
322 to be used exclusively for the legitimate purpose of the
323 association. So long as they are used for that purpose, all
324 money and property of the association are, and shall be, so long
325 as so used, exempt from all forms of taxation, including special
326 assessments, and any projects, activities, events, programs, and
327 uses authorized by this part serve an essential governmental
328 purpose and, therefore, are not taxable and are not subject to
329 assessments.
330 (3)(2) Upon order of the circuit judge, any public funds or
331 property remaining in a fair association when the association is
332 dissolved shall be distributed by resolution of the board of
333 directors, upon order of the circuit judge to any county or any
334 municipality within the county. The board, and may designate
335 provide in the distribution resolution the public project that
336 will benefit from on which the funds shall be used or the manner
337 in which the property will be used. If the use to which the
338 property shall be put; however, where property has been
339 contributed by a municipality or county, the property shall be
340 reconveyed to the municipality or county that gave the property
341 to the association making the contribution of said property.
342 Section 8. Section 616.08, Florida Statutes, is amended to
343 read:
344 616.08 Additional powers of association.—Each Every fair
345 association shall have the power to hold, conduct, and operate
346 public fairs and expositions, including an annual public fair.
347 annually and For that such purpose, a fair association may to
348 buy, lease, acquire, and occupy lands, and erect buildings and
349 improvements of any kind on all kinds thereon, and develop those
350 lands, buildings, and improvements; to sell, mortgage, lease,
351 license, or convey any such property or any part thereof, in its
352 discretion, from time to time for the purpose of public fairs or
353 expositions; to charge and receive compensation for admission to
354 those public fairs and expositions, and grant a lease or license
355 or rent for the sale or renting of space for exhibits,
356 concessions exhibitions, and for other purposes privileges; to
357 conduct and hold public meetings; to supervise and conduct
358 lectures and all kinds of demonstration work in connection with
359 or for the improvement of agriculture, horticulture,
360 stockraising and poultry raising, and all kinds of farming and
361 related matters connected therewith; to hold exhibits of
362 agricultural and horticultural products and livestock, poultry,
363 equine chickens, and other domestic animals; to give
364 certificates or diplomas of excellence; to promote the progress
365 of the geographical area it represents and serves and stimulate
366 public interest in the advantages and development of that area
367 by providing facilities for the benefit and development of the
368 educational, agricultural, horticultural, livestock, equestrian,
369 charitable, historical, civic, cultural, scientific, and other
370 resources of the state, any county of the state, or any
371 municipality or other community of any county of the state,
372 including facilities for exhibits, concessions, and industrial
373 exhibitions, public gatherings, cultural activities,
374 entertainment events, recreational vehicle parking, auctions,
375 trade shows, concerts, and other functions that which the
376 association determines will enhance the educational, physical,
377 economic, and cultural interests of the public; and generally to
378 do, perform, and carry out all matters, acts, and business usual
379 or proper in connection with public fairs and expositions.; but
380 This enumeration of particular powers does shall not diminish be
381 in derogation of or limit any special provisions of the charter
382 of the association inserted for the regulation of its business,
383 and the conduct of its affairs of creating, defining, limiting,
384 and regulating the powers of the association or its officers or
385 members.; provided, The treasurer or similar officer of the
386 association shall be required to give a good and sufficient bond
387 with a surety company duly authorized under the laws of the
388 state, payable to the association and in an amount equal to the
389 value of the total amount of money and other property in that
390 officer’s possession or custody, in addition to the value of any
391 money and property of the association which that may reasonably
392 be expected to come into that officer’s possession or custody. A
393 fair association organized under this chapter and in existence
394 as of July 1, 2011, is exempt from local land use and zoning
395 ordinances that are in conflict with public fair and exposition
396 uses and purposes or with any development or improvement
397 fulfilling such uses and purposes. A fair association organized
398 under this chapter is a noncommercial activity provider.
399 Section 9. Section 616.101, Florida Statutes, is amended to
400 read:
401 616.101 Annual review of accounts and records.—Once each
402 year, a review of The accounts and records of every fair
403 association whose annual public fair has an annual attendance of
404 more than 25,000, based on sound accounting practices and
405 procedures, shall be reviewed annually made by a qualified
406 accountant licensed by the state. A fair association whose
407 annual public fair has an annual attendance of 25,000 or fewer
408 less must submit an annual financial statement that has been
409 signed by an officer of the county. The results of the all such
410 reviews shall be kept in the official records of each
411 association, available to all directors of the association. A
412 certified copy of the review shall be filed with in the office
413 of the department:
414 (1) On request by the department to certify expenditures of
415 the premiums awarded to exhibitors of a fair state premium or of
416 building funds when there is evidence of violation of state
417 laws; or
418 (2) When the association is applying for a fair permit.
419 Section 10. Section 616.11, Florida Statutes, is amended to
420 read:
421 616.11 Association authorized to contract with
422 municipality, county, or state for use of land; admission fees;
423 state, counties, and municipalities authorized to make
424 contributions.—Any fair association may enter into any contract,
425 lease, or agreement with any municipality or county in the state
426 or with the state or agency or subdivision of the state thereof
427 for the donation to or the use and occupation by the association
428 of any land owned, leased, or held by the county or municipality
429 or the state or agency or subdivision of the state thereof
430 during a such time and on the such terms approved by as the
431 county or municipality or the state or agency or subdivision
432 thereof may authorize, with the right on the part of the
433 association to use the property for public charge and receive an
434 admission fee to the fair or exposition purposes or any part
435 thereof. The state, the Department of Transportation and or any
436 other agency or subdivision of the state thereof, the board of
437 county commissioners of any county within which the fair or
438 exhibition is held, and the mayor and city council of any
439 municipality within the county may also make contributions of
440 money, property, or services to fair associations to assist in
441 carrying out the purposes of the associations under as
442 authorized by this chapter. The state or any agency or
443 subdivision of the state, boards of county commissioners of the
444 various counties of the state, and the mayor and city council of
445 any municipality within the county may expend in their
446 discretion such sums of money as they deem necessary for the
447 best interests of their counties and in aiding the development
448 of the educational, agricultural, horticultural, livestock,
449 charitable, historical, civic, cultural, scientific, and any
450 other resources of their counties at and in connection with
451 public fairs and expositions, including the offering and paying
452 of premiums for the exhibitions of resources of the state,
453 county, or municipality their respective counties.
454 Section 11. Section 616.12, Florida Statutes, is amended to
455 read:
456 616.12 Licenses upon certain shows; distribution of fees;
457 exemptions.—
458 (1) Each Every person who operates may operate under any
459 terms whatsoever, including a lease arrangement, any traveling
460 show, exhibition, amusement enterprise, carnival, vaudeville,
461 exhibit, minstrel, rodeo, theatrical, game or test of skill,
462 riding device, dramatic repertoire, or other show or amusement,
463 or concession, (including a concession operating in a tent,
464 enclosure, or other temporary structure, whether covered or
465 uncovered) within the grounds of, and in connection with, any
466 annual public fair or exposition held by a fair association
467 shall pay the license taxes now or hereafter provided by law.;
468 However, if in the event the association satisfies the
469 requirements fully qualifies with all other provisions of this
470 chapter, including securing the required fair permit from the
471 department, the traveling show, exhibition, amusement
472 enterprise, carnival, vaudeville, minstrel, rodeo, theatrical,
473 game or test of skill, riding device, dramatic repertoire, or
474 other show or amusement (including a concession operating in a
475 tent, enclosure, or other temporary structure, whether covered
476 or uncovered) within the grounds of, and in connection with, any
477 such fair or exposition is not required to pay any such license
478 taxes and local business tax authorized in chapter 205 are
479 waived and the department shall issue tax, but shall operate
480 under a tax exemption certificate issued by the department. The
481 department shall adopt prescribe the proper forms and rules to
482 administer for carrying out the purpose and intent expressed in
483 this section, including the necessary tax exemption certificate,
484 to be signed by the tax collector, showing that the fair
485 association has met all requirements and that the traveling
486 show, exhibition, amusement enterprise, carnival, vaudeville,
487 exhibit, minstrel, rodeo, theatrical, game or test of skill,
488 riding device, dramatic repertoire, or other show or amusement,
489 or concession (including a concession operating in a tent,
490 enclosure, or other temporary structure, whether covered or
491 uncovered) has met in full all requirements of this chapter and
492 accordingly is fully exempt.
493 (2) Any fair association securing the required annual fair
494 permit from the department is exempt from local business tax as
495 defined by chapter 205, occupational license fees, occupational
496 permit fees, inspection fees, franchise fees and taxes, utility
497 service fees and taxes, communication service fees and taxes,
498 surplus line fees and taxes, impact fees, or any occupational
499 taxes assessed by any county, municipality, political
500 subdivision, department, or agency, or instrumentality thereof.
501 Section 12. Section 616.121, Florida Statutes, is amended
502 to read:
503 616.121 Making false application.—Any person who, with
504 fraudulent intent, makes or causes to be made any false
505 statement in an application for a permit to hold an annual a
506 public fair or exposition or in an application for distribution
507 of the amount paid for license taxes under the provisions of
508 this chapter, with fraudulent intent of obtaining that permit or
509 amount, and by that false statement obtains that permit or
510 distribution, any part of that amount for himself or herself or
511 for any firm or corporation in which that person has a financial
512 interest, or for whom that person is acting, commits a
513 misdemeanor of the first degree, punishable as provided in s.
514 775.082 or s. 775.083.
515 Section 13. Section 616.14, Florida Statutes, is amended to
516 read:
517 616.14 Number of fairs; penalty.—
518 (1) A fair association may not conduct more than one annual
519 public fair each calendar year. Any fair association that
520 conducts more than one public fair or exposition during any one
521 calendar year is subject to revocation of its charter by the
522 court granting the charter.
523 (2) Any fair association that does not conduct an annual a
524 public fair or exposition for a period of 3 calendar years
525 shall, upon the recommendation of the department, have its
526 charter revoked by the court granting the charter.
527 Section 14. Section 616.15, Florida Statutes, is amended to
528 read:
529 616.15 Permit from Department of Agriculture and Consumer
530 Services required.—
531 (1) An annual No public fair or exposition may not be
532 conducted by a fair association without a permit issued by the
533 department. The permit shall be issued in the following manner:
534 The association shall present to the department an application
535 for a the permit, signed by an officer of the association, at
536 least 3 months before holding the annual public fair. The or
537 exposition; this application shall be accompanied by a fee in an
538 amount to be determined by the department not to exceed $366 or
539 be less than $183 for processing the application and making any
540 required investigation. The application fee must be at least
541 $183 and may not exceed $366. The Fees collected under this
542 subsection shall be deposited in the General Inspection Trust
543 Fund of the State Treasury in a special account to be known as
544 the “Agricultural and Livestock Fair Account.” A copy of the
545 application must be sent to each fair association located within
546 50 miles of the site of the proposed annual public fair or
547 exposition at the same time the application is sent to the
548 department. The department may issue a the permit if the
549 applicant provides if the application sets forth:
550 (a) The opening and closing dates of the proposed annual
551 public fair or exposition.
552 (b) The name and address of the owner of the central
553 amusement attraction that will to operate during the annual
554 public fair or exposition.
555 (c) An affidavit properly executed by the president or
556 other chief executive officer of the applicant association
557 certifying the existence of a binding contract entered into by
558 the association or exposition and the owner of the central
559 amusement attraction covering the period for which the permit
560 from the department is applied. The contract or contracts
561 between the parties shall be available for inspection by duly
562 authorized agents of the department in administering this
563 chapter.
564 (d) A written statement that the main purpose of the
565 association is to conduct and operate a public the proposed fair
566 and or exposition, including the annual fair, for the benefit
567 and development of the educational, agricultural, horticultural,
568 livestock, charitable, historical, civic, cultural, scientific,
569 and other resources of the geographical area the fair
570 association or exposition represents and serves. The statement
571 must shall be in writing, shall be subscribed, and shall be
572 acknowledged by an officer of the association before an officer
573 authorized to take acknowledgments.
574 (e) A premium list of the current annual public fair or
575 exposition to be conducted or a copy of the previous year’s
576 premium list showing all premiums and awards to be offered to
577 exhibitors in various departments of the annual public fair,
578 which may include, but are not limited to, such as art
579 exhibition, beef cattle, county exhibits, dairy cattle,
580 horticulture, swine, women’s department, 4-H Club activities,
581 Future Farmers of America activities, Future Homemakers of
582 America activities, poultry and egg exhibits, and community
583 exhibits, the foregoing being a list of the usual exhibitors of
584 a fair and not to be construed as limiting the premium list to
585 these departments. The premium list, which may be submitted
586 separately from the application, must be submitted at least at
587 any time not later than 60 days before the holding of the annual
588 public fair begins operation or exposition, and the department
589 shall issue the permit as provided in this section within 10
590 days thereafter if the applicant is properly qualified.
591 (f) Proof of liability insurance insuring the association
592 against liability for injury to persons, in an amount of not
593 less than $300,000 per occurrence.
594 (g) A copy of the most recent review.
595 (h) A list of all current members of the board of directors
596 of the association and their contact information, including home
597 address addresses.
598
599 The department shall issue the permit within 10 days after it
600 receives all the information and the applicant qualifies
601 pursuant to this section.
602 (2) The department shall administer and enforce the
603 provisions of this chapter except as to the regulation of games,
604 which shall be regulated by local law enforcement agencies. The
605 department shall adopt is authorized to make and publish rules
606 to administer, not inconsistent with this chapter, including
607 rules governing as to the form and contents of the application
608 for the permit and any reports that it may deem necessary in
609 enforcing the provisions of this chapter.
610 (3) Notwithstanding any fair association meeting the
611 requirements set forth in subsection (1), the department may
612 order a full investigation to determine if whether or not the
613 fair association meets in full the requirements of s. 616.01,
614 and accordingly may withhold a permit from, deny a permit to, or
615 withdraw a permit once issued to the association. The department
616 shall also consider whether any proposed annual public fair or
617 exposition, as set forth in an application for a permit, will
618 compete with another annual public fair or exposition within 50
619 miles of the proposed annual public fair or exposition with
620 respect to name, dates of operation, or market. The department
621 may deny, withhold, or withdraw a permit from a fair association
622 if the department determines that such fair association will
623 compete with another association. The department shall give
624 preference to existing fair associations with established dates,
625 locations, and names. The determination by the department is
626 shall be final.
627 Section 15. Subsections (1) and (3) of section 616.17,
628 Florida Statutes, are amended to read:
629 616.17 Minimum exhibits.—
630 (1) An annual No public fair or exposition conducted by a
631 fair association may not be approved by the department for a tax
632 exemption certificate unless the fair association or exposition
633 displays at least the following minimum exhibits, but this
634 requirement may not be construed as a limitation on the number
635 of exhibits which the fair or exposition may have:
636 (a) Three exhibits from 4-H Clubs or Future Farmers of
637 America chapters which are officially approved by those clubs or
638 chapters.
639 (b) Three exhibits of community, individual, or county farm
640 displays.
641 (c) Three exhibits of field crops in at least three
642 different crops.
643 (d) Three exhibits of horticultural products.
644 (e) Three culinary exhibits such as canned fruits, canned
645 vegetables, canned pickles or juices, jams, jellies, cakes,
646 bread, candies, or eggs.
647 (f) Three exhibits of household arts such as homemade
648 spreads, towels, luncheon sets, rugs, clothing, or baby apparel.
649 (g) Three exhibits of fruit or vegetable crops in at least
650 three different crops.
651 (h) Three exhibits of arts, crafts, photography, or
652 antiques or of scout handiwork.
653 (i) Three exhibits from home demonstration, home economics,
654 educational, religious, or civic groups.
655 (j) Three exhibits of livestock such as dairy cows, beef
656 cattle, hogs, sheep, poultry, horses, or mules.
657 (3) The department may provide a waiver to the minimum
658 exhibit requirements of this section to any fair association
659 that submits an application for the waiver to the department, at
660 least 30 60 days before prior to the annual public fair or
661 exposition in need of the waiver, and shows good cause why the
662 requirements of this section cannot be met.
663 Section 16. Section 616.185, Florida Statutes, is amended
664 to read:
665 616.185 Trespass upon grounds or facilities of public fair
666 or exposition; penalty; arrests.—
667 (1) For the purposes of this chapter, “trespass” upon the
668 grounds of the Florida State Fair Authority or any other public
669 fair association or exposition permitted under s. 616.15 means:
670 (a) Entering and remaining upon any grounds or facilities
671 owned, operated, or controlled by the Florida State Fair
672 Authority or any other association public fair or exposition
673 permitted under s. 616.15 and committing any act that which
674 disrupts the orderly conduct of any authorized activity of the
675 fair association organization in charge, or its lessees,
676 licensees, or the general public on those grounds or facilities;
677 or
678 (b) Entering and remaining on those grounds or facilities
679 after being directed not to enter or to leave them by the
680 executive director of the authority, chief administrative
681 officer of the fair association or exposition, or any employee
682 or agent of the association thereof designated by the executive
683 director or administrator to maintain order on those grounds and
684 facilities, after a determination by the executive director,
685 administrator, employee, or agent that the entering or remaining
686 on those grounds or facilities is in violation of the rules and
687 regulations of the Florida State Fair Authority or permitted
688 public fair association or exposition or is disrupting the
689 orderly conduct of any authorized activity of the fair
690 association organization in charge, or its lessees, licensees,
691 or the general public on those grounds or facilities.
692 (2) Any person found guilty of committing the offense of
693 trespass upon the grounds of the Florida State Fair Authority or
694 any other public fair association or exposition permitted under
695 s. 616.15 commits is guilty of a misdemeanor of the second
696 degree, punishable as provided in s. 775.082 or s. 775.083.
697 (3) A law enforcement peace officer may arrest any person
698 on or off the premises, without a warrant, if the officer has
699 probable cause for believing such person has committed the
700 offense of trespass upon the grounds of the Florida State Fair
701 Authority or any public fair association or exposition permitted
702 under s. 616.15. Such an arrest does shall not render the law
703 enforcement peace officer criminally or civilly liable for false
704 arrest, false imprisonment, or unlawful detention.
705 Section 17. Section 616.19, Florida Statutes, is amended to
706 read:
707 616.19 Designation of fairs.—Any public fair association or
708 exposition heretofore or hereafter created pursuant to this
709 chapter shall be designated by the name stated in the permit
710 required or stated by its fair association and is shall be
711 recognized by the state as equal in dignity to the Florida State
712 Fair and as fully recognized as the Florida State Fair.
713 Section 18. Section 616.21, Florida Statutes, is amended to
714 read:
715 616.21 Agricultural and livestock exhibit buildings;
716 conditions for expenditures.—No part of Appropriated funds may
717 not be expended except upon approval and with the recommendation
718 of the department. Further, the no part of such an appropriation
719 may not be expended for the construction of a building unless
720 and until a good fee simple title to the land on which the
721 building is to be constructed is vested in the county,
722 municipality, or fair association for which the building is to
723 be constructed.
724 Section 19. Section 616.23, Florida Statutes, is amended to
725 read:
726 616.23 Use of buildings.—The buildings authorized by ss.
727 616.21-616.23 may be used by the county, municipality, or fair
728 association for which the buildings are built as agricultural or
729 livestock exhibition buildings for public fair or exposition
730 purposes in the promotion of the agricultural and livestock
731 industries. These buildings may be used as office space for
732 agricultural agents; however, no more than 20 percent of the
733 buildings may be so used.
734 Section 20. Subsection (2) of section 616.24, Florida
735 Statutes, is amended to read:
736 616.24 Enforcement.—
737 (2) It is the duty of each every state attorney, law
738 enforcement officer as defined by chapter 943, and other
739 appropriate county or municipal officer to enforce this chapter
740 and the rules adopted pursuant thereto and to assist the
741 department and its inspectors and agents in the enforcement of
742 this chapter and the rules adopted pursuant thereto.
743 Section 21. Paragraph (a) of subsection (4) and subsection
744 (6) of section 288.1175, Florida Statutes, are amended to read:
745 288.1175 Agriculture education and promotion facility.—
746 (4) The Department of Agriculture and Consumer Services
747 shall certify a facility as an agriculture education and
748 promotion facility if the Department of Agriculture and Consumer
749 Services determines that:
750 (a) The applicant is a unit of local government as defined
751 in s. 218.369, or a fair association as defined in s.
752 616.001(11) 616.001(9), which is responsible for the planning,
753 design, permitting, construction, renovation, management, and
754 operation of the agriculture education and promotion facility or
755 holds title to the property on which such facility is to be
756 developed and located.
757 (6) Funds may not be expended to develop or subsidize
758 privately owned facilities, except for facilities owned by fair
759 associations as defined in s. 616.001(11) 616.001(9).
760 Section 22. This act shall take effect July 1, 2012.