House Bill 4027c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 4027
By the Committees on Agriculture, Rules & Calendar and
Representative Constantine
1 A bill to be entitled
2 An act relating to the Florida Statutes;
3 repealing various statutory provisions that
4 have become obsolete, have had their effect,
5 have served their purpose, or have been
6 impliedly repealed or superseded; repealing ss.
7 506.01-506.05, F.S., relating to regulation on
8 the use of stamped or marked containers and
9 baskets; repealing ss. 506.14-506.18, F.S.,
10 relating to regulation of the sale or
11 distribution of milk products in marked
12 bottles, cans, or crates; repealing ss.
13 506.29-506.45, F.S., the Florida Milk and
14 Ice-cream Container Law; amending s. 506.519,
15 F.S.; revising a reference, to conform;
16 repealing ch. 523, F.S., relating to regulation
17 of naval stores; repealing ch. 544, F.S.,
18 relating to combinations against Florida meats;
19 repealing s. 570.541, F.S., relating to the
20 Racing Quarter Horse Advisory Council;
21 repealing ss. 588.07 and 588.08, F.S., relating
22 to the prohibition against stakes and the right
23 to land not in issue at trial; repealing s.
24 593.114(3)(b), F.S., relating to applicability
25 of provisions concerning the validity of
26 assessments under the Florida Boll Weevil
27 Eradication Law; repealing ch. 602, F.S.,
28 relating to citrus canker disease; repealing s.
29 616.21(2)-(4), F.S., relating to the
30 Agricultural and Livestock Fair Council;
31 amending ss. 616.001 and 616.15, F.S.; deleting
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 4027
188-559-00
1 references, to conform; repealing s. 698.10,
2 F.S., relating to chattel mortgages filed or
3 recorded prior to a certain date; repealing s.
4 865.04, F.S., relating to a prohibition against
5 the false packing of provisions; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Sections 506.01, 506.02, 506.03, 506.04,
11 and 506.05, Florida Statutes, are repealed.
12 Section 2. Sections 506.14, 506.15, 506.16, 506.17,
13 and 506.18, Florida Statutes, are repealed.
14 Section 3. Sections 506.29, 506.30, 506.31, 506.32,
15 506.33, 506.34, 506.35, 506.36, 506.37, 506.38, 506.39,
16 506.40, 506.41, 506.42, 506.43, 506.44, and 506.45, Florida
17 Statutes, are repealed.
18 Section 4. Subsection (2) of section 506.519, Florida
19 Statutes, is amended to read:
20 506.519 Scope of ss. 506.501-506.519.--
21 (2) The provisions of ss. 506.501-506.519 are intended
22 to be supplemental to the other provisions of this chapter ss.
23 506.01-506.45 and any other provisions of law governing the
24 subject matter of ss. 506.501-506.519.
25 Section 5. Sections 523.01, 523.02, 523.03, 523.04,
26 523.05, 523.06, 523.07, 523.08, 523.09, 523.10, 523.12,
27 523.13, 523.14, 523.15, 523.16, 523.17, 523.18, 523.19,
28 523.20, 523.21, and 523.22, Florida Statutes, are repealed.
29 Section 6. Sections 544.01, 544.02, 544.03, 544.04,
30 544.05, and 544.06, Florida Statutes, are repealed.
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 4027
188-559-00
1 Section 7. Section 570.541, Florida Statutes, is
2 repealed.
3 Section 8. Sections 588.07 and 588.08, Florida
4 Statutes, are repealed.
5 Section 9. Paragraph (b) of subsection (3) of section
6 593.114, Florida Statutes, is repealed.
7 Section 10. Sections 602.015, 602.025, 602.035,
8 602.055, 602.065, 602.075, 602.085, 602.095, 602.097, and
9 602.099, Florida Statutes, are repealed.
10 Section 11. Subsections (2), (3), and (4) of section
11 616.21, Florida Statutes, are repealed.
12 Section 12. Section 616.001, Florida Statutes, is
13 amended to read:
14 616.001 Definitions.--As used in this chapter, the
15 term:
16 (1) "Authority" means the Florida State Fair
17 Authority.
18 (2) "Community fair" means a fair which serves an area
19 of less than an entire county and the exhibits of which are in
20 accordance with s. 616.17 and in which premiums or awards are
21 given to exhibitors of the fair. Agricultural products shall
22 be produced in the community the exhibit represents. The
23 majority of the board of directors of the fair shall reside,
24 be employed, or operate a business in the community the fair
25 represents.
26 (3) "Council" means the Agricultural and Livestock
27 Fair Council.
28 (3)(4) "County fair" means a fair which serves an
29 entire county and the exhibits of which are in accordance with
30 s. 616.17 and in which premiums or awards are given to
31 exhibitors of the fair. Agricultural products shall be
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 4027
188-559-00
1 typical of those produced in the county the exhibit represents
2 in meeting minimum exhibit requirements. The majority of the
3 board of directors of the fair shall reside, be employed, or
4 operate a business in the county the fair represents.
5 (4)(5) "Department" means the Department of
6 Agriculture and Consumer Services.
7 (5)(6) "District fair" means a fair which serves at
8 least five counties and the exhibits of which are in
9 accordance with s. 616.17, which fair shall pay not less than
10 a minimum of $25,000 in cash premiums or awards to exhibitors
11 of the fair. Agricultural products shall be typical of those
12 produced in the county the exhibit represents. Livestock may
13 originate from outside the district, but must be registered in
14 the exhibitor's name 30 days before the opening day of the
15 fair. Each county shall be encouraged to have proportionate
16 exhibits, typical of its respective natural resources. Each
17 county shall have exhibits in some phase of basic resources in
18 agriculture and industry.
19 (6)(7) "Entry" means one item entered for competition
20 or show. An entry may or may not constitute an exhibit,
21 depending upon the regulations as stated in the premium book.
22 (7)(8) "Exhibit" means one or more entries entered for
23 exhibition and constituting a unit. An exhibit may consist of
24 one or more entries, depending upon the regulations as stated
25 in the premium book.
26 (8)(9) "Exhibitor" means an individual, group of
27 individuals, or business having an entry or entries in a show
28 or fair.
29 (9)(10) "Fair association" or "association" means an
30 association not for profit incorporated under this chapter for
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 4027
188-559-00
1 the purpose of conducting and operating public fairs or
2 expositions.
3 (10)(11) "Public fair or exposition" means a fair or
4 exposition not for profit for the purpose of the benefit and
5 development of the educational, agricultural, horticultural,
6 livestock, charitable, historical, civic, cultural,
7 scientific, and other resources of the state, any county or
8 counties of the state, or any municipality or other community
9 of any county of the state.
10 (11)(12) "Regional fair" or "interstate fair" means a
11 fair of several states, one of which is Florida, in which fair
12 exhibits are in accordance with s. 616.17. Agricultural
13 products shall be typical of those produced in the area the
14 exhibit represents.
15 (12)(13) "Specialized show" means a show or exhibition
16 exhibiting and emphasizing a livestock or poultry show, or a
17 fruit or vegetable festival, and shall meet the minimum
18 exhibit requirements as defined in s. 616.17. A specialized
19 show may qualify under one of the definitions in subsections
20 (2), (3) (4), (5) (6), and (13) (14).
21 (13)(14) "State fair" means a fair which serves the
22 entire state. Exhibits shall be in accordance with s. 616.17,
23 and cash premiums or awards may be given to exhibitors of the
24 fair.
25 Section 13. Subsection (1) of section 616.15, Florida
26 Statutes, is amended to read:
27 616.15 Permit from Department of Agriculture and
28 Consumer Services required.--
29 (1) No public fair or exposition may be conducted by a
30 fair association without a permit issued by the department.
31 The permit shall be issued in the following manner: The
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 4027
188-559-00
1 association shall present to the department an application for
2 the permit, signed by an officer of the association, at least
3 3 months before holding the fair or exposition; this
4 application shall be accompanied by a fee in an amount to be
5 determined by the department not to exceed $366 or be less
6 than $183 for processing the application and making any
7 required investigation. The fees collected under this
8 subsection shall be deposited in the General Inspection Trust
9 Fund of the State Treasury in a special account to be known as
10 the "Agricultural and Livestock Fair Account." A copy of the
11 application must be sent to each fair association located
12 within 50 miles of the site of the proposed fair or exposition
13 at the same time the application is sent to the department.
14 The department may issue the permit with the advice and
15 counsel of the Agricultural and Livestock Fair Council,
16 provided the application sets forth:
17 (a) The opening and closing dates of the proposed fair
18 or exposition.
19 (b) The name and address of the owner of the central
20 amusement attraction to operate during the fair or exposition.
21 (c) An affidavit properly executed by the president or
22 other chief executive officer of the applicant association
23 certifying the existence of a binding contract entered into by
24 the association or exposition and the owner of the central
25 amusement attraction covering the period for which the permit
26 from the department is applied. The contract or contracts
27 between the parties shall be available for inspection by duly
28 authorized agents of the department in administering this
29 chapter.
30 (d) A statement that the main purpose of the
31 association is to conduct and operate the proposed fair or
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 4027
188-559-00
1 exposition for the benefit and development of the educational,
2 agricultural, horticultural, livestock, charitable,
3 historical, civic, cultural, scientific, and other resources
4 of the geographical area the fair or exposition represents and
5 serves. The statement shall be in writing, shall be
6 subscribed, and shall be acknowledged by an officer of the
7 association before an officer authorized to take
8 acknowledgments.
9 (e) A premium list of the current fair or exposition
10 to be conducted or a copy of the previous year's premium list
11 showing all premiums and awards to be offered to exhibitors in
12 various departments of the fair, such as art exhibition, beef
13 cattle, county exhibits, dairy cattle, horticulture, swine,
14 women's department, 4-H Club activities, Future Farmers of
15 America activities, Future Homemakers of America activities,
16 poultry and egg exhibits, and community exhibits, the
17 foregoing being a list of the usual exhibitors of a fair and
18 not to be construed as limiting the premium list to these
19 departments. The list may be submitted separately at any time
20 not later than 60 days before the holding of the fair or
21 exposition, and the department shall issue the permit as
22 provided in this section within 10 days thereafter if the
23 applicant is properly qualified.
24 (f) Proof of liability insurance insuring the
25 association against liability for injury to persons, in an
26 amount of not less than $300,000 per occurrence.
27 (g) A copy of the most recent review.
28 (h) A list of all current members of the board of
29 directors of the association and their home addresses.
30 Section 14. Section 698.10, Florida Statutes, is
31 repealed.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 4027
188-559-00
1 Section 15. Section 865.04, Florida Statutes, is
2 repealed.
3 Section 16. This act shall take effect upon becoming a
4 law.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
8