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The Florida Senate

2007 Florida Statutes

Permit from Department of Agriculture and Consumer Services required.
Section 616.15, Florida Statutes 2007

616.15  Permit from Department of Agriculture and Consumer Services required.--

(1)  No public fair or exposition may be conducted by a fair association without a permit issued by the department. The permit shall be issued in the following manner: The association shall present to the department an application for the permit, signed by an officer of the association, at least 3 months before holding the fair or exposition; this application shall be accompanied by a fee in an amount to be determined by the department not to exceed $366 or be less than $183 for processing the application and making any required investigation. The fees collected under this subsection shall be deposited in the General Inspection Trust Fund of the State Treasury in a special account to be known as the "Agricultural and Livestock Fair Account." A copy of the application must be sent to each fair association located within 50 miles of the site of the proposed fair or exposition at the same time the application is sent to the department. The department may issue the permit if the application sets forth:

(a)  The opening and closing dates of the proposed fair or exposition.

(b)  The name and address of the owner of the central amusement attraction to operate during the fair or exposition.

(c)  An affidavit properly executed by the president or other chief executive officer of the applicant association certifying the existence of a binding contract entered into by the association or exposition and the owner of the central amusement attraction covering the period for which the permit from the department is applied. The contract or contracts between the parties shall be available for inspection by duly authorized agents of the department in administering this chapter.

(d)  A statement that the main purpose of the association is to conduct and operate the proposed fair or exposition for the benefit and development of the educational, agricultural, horticultural, livestock, charitable, historical, civic, cultural, scientific, and other resources of the geographical area the fair or exposition represents and serves. The statement shall be in writing, shall be subscribed, and shall be acknowledged by an officer of the association before an officer authorized to take acknowledgments.

(e)  A premium list of the current fair or exposition to be conducted or a copy of the previous year's premium list showing all premiums and awards to be offered to exhibitors in various departments of the fair, such as art exhibition, beef cattle, county exhibits, dairy cattle, horticulture, swine, women's department, 4-H Club activities, Future Farmers of America activities, Future Homemakers of America activities, poultry and egg exhibits, and community exhibits, the foregoing being a list of the usual exhibitors of a fair and not to be construed as limiting the premium list to these departments. The list may be submitted separately at any time not later than 60 days before the holding of the fair or exposition, and the department shall issue the permit as provided in this section within 10 days thereafter if the applicant is properly qualified.

(f)  Proof of liability insurance insuring the association against liability for injury to persons, in an amount of not less than $300,000 per occurrence.

(g)  A copy of the most recent review.

(h)  A list of all current members of the board of directors of the association and their home addresses.

(2)  The department shall administer and enforce the provisions of this chapter except as to the regulation of games, which shall be regulated by local law enforcement agencies. The department is authorized to make and publish rules, not inconsistent with this chapter, as to the form and contents of the application for the permit and any reports that it may deem necessary in enforcing the provisions of this chapter.

(3)  Notwithstanding any fair association meeting the requirements set forth in subsection (1), the department may order a full investigation to determine whether or not the fair association meets in full the requirements of s. 616.01 and accordingly may withhold a permit from, deny a permit to, or withdraw a permit once issued to the association. The department shall also consider whether any proposed fair or exposition, as set forth in an application for a permit, will compete with another public fair or exposition within 50 miles of the proposed fair or exposition with respect to name, dates of operation, or market. The department may deny, withhold, or withdraw a permit from a fair association if the department determines that such fair association will compete with another association. The department shall give preference to existing fair associations with established dates, locations, and names. The determination by the department shall be final.

History.--s. 4, ch. 57-796; s. 6, ch. 59-166; s. 2, ch. 61-119; s. 4, ch. 67-491; ss. 14, 35, ch. 69-106; s. 2, ch. 81-297; s. 2, ch. 81-318; ss. 14, 25, 26, ch. 83-239; s. 15, ch. 92-4; ss. 20, 44, ch. 93-168; s. 2, ch. 94-297; s. 21, ch. 99-391; s. 12, ch. 2000-272.