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.