Florida Senate - 2012 CS for SB 502
By the Committee on Agriculture; and Senator Hays
575-00928-12 2012502c1
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 license taxes and local
51 business taxes for annual public fairs held by a fair
52 association; amending s. 616.121, F.S., relating to a
53 penalty imposed for making false application for a
54 permit; replacing the term “exhibitions” with the term
55 “annual public fair” to conform to changes made by the
56 act; 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 to
81 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 and
115 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 the annual public fair event, which serves the
151 purposes specified in s. 616.08 and benefits and develops or
152 exposition not for profit for the purpose of the benefit and
153 development of the educational, agricultural, horticultural,
154 livestock, charitable, historical, civic, cultural, scientific,
155 and other resources of this the state, or any county, or
156 counties of the state, or any municipality, or other community
157 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 and
198 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 a
219 fair association shall be acknowledged by at least three of its
220 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 in
282 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 to
296 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 or
328 property remaining in a fair association when the association is
329 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 to
393 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 of
408 the premiums awarded to exhibitors of a fair state premium or of
409 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 to
413 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 to
448 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 to
507 read:
508 616.14 Number of fairs; penalty.—
509 (1) A fair association may not conduct more than one annual
510 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 to
519 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 directors
587 of the association and their contact information, including home
588 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 farm
631 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 economics,
645 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 to
697 read:
698 616.19 Designation of fairs.—Any public fair association or
699 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 to
705 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 to
716 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.