Florida Senate - 2012                                     SB 502
       
       
       
       By Senator Hays
       
       
       
       
       20-00260C-12                                           2012502__
    1                        A bill to be entitled                      
    2         An act relating to public fairs and expositions;
    3         amending s. 616.001, F.S.; redefining existing terms
    4         and defining the terms “annual public fair” and
    5         “concession”; amending s. 616.01, F.S., relating to
    6         requirements for the proposed charter of an annual
    7         public fair; revising provisions to conform to changes
    8         made by the act; amending s. 616.02, F.S.; providing
    9         that the primary objective of a fair association is
   10         the holding, conducting, and promoting of public fairs
   11         or expositions; amending s. 616.03, F.S.; providing
   12         that a fair association may file its duly approved
   13         charter with the Department of State in addition to
   14         the Department of Agriculture and Consumer Services
   15         for notice purposes; amending s. 616.05, F.S.;
   16         providing the process by which a fair association may
   17         amend its charter; requiring a fair association that
   18         files its charter with the Department of State to file
   19         a copy of amendments to its charter with that
   20         department; amending s. 616.051, F.S.; revising
   21         provisions regarding the process by which a fair
   22         association may dissolve its charter; amending s.
   23         616.07, F.S.; revising provisions regarding the
   24         distribution of public funds and property when a fair
   25         association is dissolved; clarifying that certain
   26         authorized projects, activities, events, programs, and
   27         uses serve an essential governmental purpose and,
   28         therefore, are exempt from taxation; amending s.
   29         616.08, F.S.; requiring each fair association to hold
   30         an annual public fair; authorizing the fair
   31         association to license certain property and to grant,
   32         lease, rent, or license space for exhibits and
   33         concessions; requiring the fair association to
   34         stimulate public interest in the benefit and
   35         development of certain resources of the state, any
   36         county, or a municipality, including facilities for
   37         specified uses; exempting existing fair associations
   38         from local land use and zoning ordinances that
   39         conflict with the uses and purposes of public fairs
   40         and expositions; providing that certain fair
   41         associations are noncommercial activity providers;
   42         amending s. 616.101, F.S.; revising provisions related
   43         to the review of association accounts and records;
   44         amending s. 616.11, F.S.; clarifying the rights of the
   45         association to use certain property for public
   46         purposes; adding the Department of Transportation to
   47         the list of governmental entities that may make
   48         contributions to a fair association to assist it in
   49         carrying out its purpose; authorizing state, county,
   50         and municipal governments to fund certain projects at
   51         or connected with public fairs and expositions;
   52         amending s. 616.12, F.S.; revising provisions relating
   53         to the exemption from certain license taxes and local
   54         business taxes for annual public fairs held by a fair
   55         association; amending s. 616.121, F.S., relating to a
   56         penalty imposed for making false application for a
   57         permit; replacing the term “exhibitions” with the term
   58         “annual public fair” to conform to changes made by the
   59         act; amending s. 616.14, F.S.; prohibiting a fair
   60         association from conducting more than one annual
   61         public fair each calendar year; amending ss. 616.15
   62         and 616.17, F.S., relating to procedures for obtaining
   63         a permit from the Department of Agriculture and
   64         Consumer Services to conduct a public fair; revising
   65         provisions to conform to changes made by the act;
   66         revising requirements for obtaining a departmental
   67         waiver from minimum exhibit requirements; amending s.
   68         616.185, F.S.; revising provisions prohibiting the
   69         offense of trespass upon the grounds or facilities of
   70         a public fair; amending s. 616.19, F.S.; revising
   71         provisions relating to the designation of fairs;
   72         amending s. 616.21, F.S.; revising provisions related
   73         to the expenditure of appropriated funds; amending s.
   74         616.23, F.S.; removing certain limitations on the use
   75         of buildings by counties, municipalities, or fair
   76         associations; amending s. 616.24, F.S.; revising
   77         provisions related to enforcement; amending s.
   78         288.1175, F.S.; conforming cross-references; providing
   79         an effective date.
   80  
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Section 616.001, Florida Statutes, is amended to
   84  read:
   85         616.001 Definitions.—As used in this chapter, the term:
   86         (1) “Annual public fair” means a community, county,
   87  district, regional, or state fair that is held and conducted by
   88  a fair association and permitted by the department pursuant to
   89  s. 616.15.
   90         (2)(1) “Authority” means the Florida State Fair Authority.
   91         (3)(2) “Community fair” means an annual public a fair that
   92  which serves an area of less than an entire county, has and the
   93  exhibits that of which are in accordance with s. 616.17, and
   94  gives in which premiums or awards are given to exhibitors of the
   95  fair. Agricultural products shall be produced in the community
   96  the exhibit represents. The majority of the board of directors
   97  of the fair shall reside, be employed, or operate a business in
   98  the community the fair represents.
   99         (4) “Concession” means use by a fair association, or a
  100  grant, lease, or license to a third party, of a portion of the
  101  land under the ownership, custody, or control of a fair
  102  association for specific uses, or the right to enter upon the
  103  land for specific purposes, such as providing rides, games,
  104  food, beverage, merchandise for sale, exhibits, projects,
  105  activities, events, programs, or other uses authorized in this
  106  chapter.
  107         (5)(3) “County fair” means an annual public a fair that
  108  which serves an entire county and provides exhibitors with
  109  premiums or awards for the exhibits that of which are in
  110  accordance with s. 616.17 and in which premiums or awards are
  111  given to exhibitors of the fair. Agricultural products must
  112  shall be typical of those produced in the county the exhibit
  113  represents in meeting minimum exhibit requirements. The majority
  114  of the board of directors of the fair shall reside, be employed,
  115  or operate a business in the county that the fair association
  116  represents.
  117         (6)(4) “Department” means the Department of Agriculture and
  118  Consumer Services.
  119         (7)(5) “District fair” means an annual public a fair that
  120  which serves at least five counties and has the exhibits that
  121  meet the requirements of which are in accordance with s. 616.17.
  122  A district, which fair shall pay at least not less than a
  123  minimum of $25,000 in cash premiums or awards to exhibitors of
  124  the fair. Agricultural products must shall be typical of those
  125  produced in the counties county the exhibit represents.
  126  Livestock may originate from outside the district, but must be
  127  registered in the exhibitor’s name at least 30 days before the
  128  opening day of the fair. Each county is shall be encouraged to
  129  have proportionate exhibits, typical of its respective natural
  130  resources. Each county shall have exhibits representing in some
  131  phase of basic resources in agriculture and industry.
  132         (8)(6) “Entry” means one item entered for competition or
  133  show. An entry may or may not constitute an exhibit, depending
  134  upon the regulations as stated in the premium book.
  135         (9)(7) “Exhibit” means one or more entries entered for
  136  exhibition and constituting a unit. An exhibit may consist of
  137  one or more entries, depending upon the regulations as stated in
  138  the premium book. The term includes parades and displays of
  139  articles or a collection of articles, whether static,
  140  interactive, or dynamic, by a fair association or a third party
  141  contracting with a fair association, such as exhibits of
  142  animals, art, housewares, or motor vehicles.
  143         (10)(8) “Exhibitor” means an individual, group of
  144  individuals, or business, including a fair association or third
  145  party contracting with a fair association, which has an exhibit
  146  having an entry or entries in a show or fair.
  147         (11)(9) “Fair association” or “association” means an
  148  association not for profit incorporated under this chapter for
  149  the purpose of conducting and operating public fairs or
  150  expositions.
  151         (12)(10) “Public fair or exposition” means the annual
  152  public fair or any other project, activity, event, or program of
  153  a fair association which serves the purposes specified in s.
  154  616.08 and benefits and develops or exposition not for profit
  155  for the purpose of the benefit and development of the
  156  educational, agricultural, horticultural, livestock, charitable,
  157  historical, civic, cultural, scientific, and other resources of
  158  this the state, or any county, or counties of the state, or any
  159  municipality, or other community in this of any county of the
  160  state.
  161         (13)(11) “Regional fair” or “interstate fair” means an
  162  annual public a fair of this state and other several states, one
  163  of which is Florida, in which fair exhibits meet the
  164  requirements of are in accordance with s. 616.17. Agricultural
  165  products must shall be typical of those produced in the area the
  166  exhibit represents.
  167         (14)(12) “Specialized show” means a show or exhibition
  168  exhibiting and emphasizing a livestock or poultry show, or a
  169  fruit or vegetable festival, and must shall meet the minimum
  170  exhibit requirements specified as defined in s. 616.17. A
  171  specialized show may qualify under one of the definitions in
  172  subsections (2), (3), (5), (7), and (15) (13).
  173         (15)(13) “State fair” means an annual public a fair that
  174  which serves the entire state. Exhibits must comply shall be in
  175  accordance with s. 616.17, and cash premiums or awards may be
  176  given to exhibitors of the fair.
  177         Section 2. Section 616.01, Florida Statutes, is amended to
  178  read:
  179         616.01 Number of persons required; requisites of proposed
  180  charter.—Twenty-five or more persons who are residents and
  181  qualified electors of the county in which wherein the annual
  182  public fair is to be located, who wish wishing to form an
  183  association not for profit for the purpose of conducting and
  184  operating public fairs or expositions, may become incorporated
  185  in the following manner. The subscribers They shall submit the
  186  proposed charter to the department for review and approval. If
  187  the proposed charter is approved, the subscribers shall sign and
  188  then present the proposed charter to the judge of the circuit
  189  court for the county in which the principal office of the
  190  association will is to be located. The a proposed charter must
  191  specify signed by the intended incorporators, which shall set
  192  forth:
  193         (1) The name of the association and the place where the
  194  principal office is to be located. The name of the association
  195  shall include the word, “Inc.”
  196         (2) The general nature of the objectives its objects and
  197  powers of the association, including a provision that the
  198  association is incorporated for the sole purpose of conducting
  199  and operating public fairs or expositions.
  200         (3) The qualifications and terms of association members and
  201  criteria for the manner of their admission and expulsion.
  202  Provision may be made in the charter for ex officio membership,
  203  and memberships may be for terms of years.
  204         (4) The time for which the association it is to exist.
  205         (5) The name names and residence residences of each
  206  subscriber the subscribers.
  207         (6) Procedures for the election of and governance by what
  208  officers, who may its affairs are to be managed, and the time at
  209  which the officers will be elected or appointed.
  210         (7) The designation names of the officers who will are to
  211  manage the its affairs of the association until the first
  212  election or appointment under the charter.
  213         (8) Procedures for the adoption, amendment, or rescission
  214  of By whom its bylaws of the association are to be made,
  215  altered, or rescinded.
  216         (9) The highest amount of indebtedness or liability that
  217  may be accrued by the association to which it may at any time
  218  subject itself.
  219         Section 3. Section 616.02, Florida Statutes, is amended to
  220  read:
  221         616.02 Acknowledgment of charter.—The proposed charter of a
  222  fair association shall be acknowledged by at least three of its
  223  subscribers, each a person of good character and reputation,
  224  before an officer authorized to make acknowledgment of deeds.,
  225  which Subscribers shall also make and take subscribe to an oath,
  226  which must to be attached to the proposed charter, stating that
  227  the primary objective object of the association is public
  228  service and holding, conducting, and promoting public fairs or
  229  expositions; that money and other available assets in value
  230  exceeding $5,000 have there has been provided for the purposes
  231  of the association property, money, and other available assets
  232  in value exceeding $5,000; and that the association will operate
  233  intends in good faith to carry out the purposes and objectives
  234  objects set forth in its charter.
  235         Section 4. Section 616.03, Florida Statutes, is amended to
  236  read:
  237         616.03 Notice of application; approval and record of
  238  charter.—A notice of intention to apply to the circuit court
  239  judge for the charter of a fair association must specify,
  240  stating the date that time when the application will be made,
  241  shall be sent to the department for approval, and then shall be
  242  published in a newspaper in the county where the principal
  243  office of the association will is to be located once each week
  244  for 4 consecutive weeks. The notice must, setting forth briefly
  245  summarize the charter and objectives objects of the proposed
  246  association to be formed. The proposed charter shall be
  247  submitted to and approved by the board of county commissioners
  248  of the county in which the principal office of the association
  249  will is to be located. After Upon approval by of the department
  250  and the board of county commissioners, the proposed charter and
  251  with proof of both approval and publication shall be submitted
  252  to the circuit judge on the date specified at the time named in
  253  the notice.; and, If no cause is shown to the contrary and if
  254  the judge finds that the proposed charter is to be in proper
  255  form and will serve so sworn to and for the primary objective
  256  object of public service, the judge shall approve the charter
  257  and issue an order render a decree incorporating the subscribers
  258  under the charter for the objectives objects and purposes
  259  specified in the charter and with the powers therein specified.
  260  The charter and order decree of incorporation shall then be
  261  recorded in the office of the clerk of the circuit court in the
  262  county where the principal office of the association will is to
  263  be located and provided to in the office of the department.
  264  After the order is recorded, Thenceforth the subscribers and
  265  their associates are shall be incorporated with the objectives
  266  and powers established in the charter and under by the name
  267  given in the charter and with the objects and powers set forth
  268  therein. During the publication period, the proposed charter,
  269  during the time of publication, shall be on file in the office
  270  of the clerk of the circuit court. This section does not
  271  preclude a fair association from also filing its duly approved
  272  charter with the Department of State pursuant to chapter 617 for
  273  notice purposes.
  274         Section 5. Section 616.05, Florida Statutes, is amended to
  275  read:
  276         616.05 Amendment of charter.—A Any fair association may
  277  desiring to propose an amendment to of its charter may do so by
  278  resolution as provided in its charter or bylaws.
  279         (1) The proposed amendment shall be submitted to the
  280  department for approval.
  281         (2) After the department approves the proposed amendment,
  282  it will be incorporated into the original charter When approved,
  283  the proposed amendment, upon:
  284         (a) Publication of notice in the same manner as provided in
  285  s. 616.03;,
  286         (b) Filing the order of the circuit judge approving the
  287  amendment with Placement on file in the office of the clerk of
  288  the circuit court and in the office of the department, the
  289  rendering of a decree of the circuit judge approving and
  290  allowing the amendment;, and
  291         (c) Being recorded in the clerk’s office, shall be
  292  incorporated into the original charter.
  293  
  294  If a fair association has filed its charter with the Department
  295  of State pursuant to chapter 617, a copy of any amendment to the
  296  charter must be filed with the Department of State for notice
  297  purposes.
  298         Section 6. Section 616.051, Florida Statutes, is amended to
  299  read:
  300         616.051 Dissolving a charter.—A Any fair association may
  301  desiring to dissolve its charter may do so by resolution as
  302  provided in its charter or bylaws. The proposal for dissolving
  303  the charter shall be submitted to the department for approval.
  304  Upon approval and upon publication of notice and proof that all
  305  indebtedness has been paid and no claims are outstanding against
  306  the association, the circuit judge may, by decree, dissolve the
  307  association and order its remaining public funds remaining to be
  308  distributed as recommended by the board of directors.
  309         Section 7. Section 616.07, Florida Statutes, is amended to
  310  read:
  311         616.07 Members not personally liable; property of
  312  association held in trust; exempt from taxation.—
  313         (1) A No member, officer, director, or trustee of a fair
  314  association is not shall be personally liable for any of the
  315  debts of the association,; and no money or property of a fair
  316  association may not shall be distributed as profits or dividends
  317  among its members, officers, directors, or trustees., but
  318         (2) All money and property of the association, except that
  319  necessary shall, except for the payment of its just debts and
  320  liabilities, are be and remain perpetually public property,
  321  shall be administered by the association as trustee, and shall
  322  to be used exclusively for the legitimate purpose of the
  323  association. So long as they are used for that purpose, all
  324  money and property of the association are, and shall be, so long
  325  as so used, exempt from all forms of taxation, including special
  326  assessments, and any projects, activities, events, programs, and
  327  uses authorized by this part serve an essential governmental
  328  purpose and, therefore, are not taxable and are not subject to
  329  assessments.
  330         (3)(2)Upon order of the circuit judge, any public funds or
  331  property remaining in a fair association when the association is
  332  dissolved shall be distributed by resolution of the board of
  333  directors, upon order of the circuit judge to any county or any
  334  municipality within the county. The board, and may designate
  335  provide in the distribution resolution the public project that
  336  will benefit from on which the funds shall be used or the manner
  337  in which the property will be used. If the use to which the
  338  property shall be put; however, where property has been
  339  contributed by a municipality or county, the property shall be
  340  reconveyed to the municipality or county that gave the property
  341  to the association making the contribution of said property.
  342         Section 8. Section 616.08, Florida Statutes, is amended to
  343  read:
  344         616.08 Additional powers of association.—Each Every fair
  345  association shall have the power to hold, conduct, and operate
  346  public fairs and expositions, including an annual public fair.
  347  annually and For that such purpose, a fair association may to
  348  buy, lease, acquire, and occupy lands, and erect buildings and
  349  improvements of any kind on all kinds thereon, and develop those
  350  lands, buildings, and improvements; to sell, mortgage, lease,
  351  license, or convey any such property or any part thereof, in its
  352  discretion, from time to time for the purpose of public fairs or
  353  expositions; to charge and receive compensation for admission to
  354  those public fairs and expositions, and grant a lease or license
  355  or rent for the sale or renting of space for exhibits,
  356  concessions exhibitions, and for other purposes privileges; to
  357  conduct and hold public meetings; to supervise and conduct
  358  lectures and all kinds of demonstration work in connection with
  359  or for the improvement of agriculture, horticulture,
  360  stockraising and poultry raising, and all kinds of farming and
  361  related matters connected therewith; to hold exhibits of
  362  agricultural and horticultural products and livestock, poultry,
  363  equine chickens, and other domestic animals; to give
  364  certificates or diplomas of excellence; to promote the progress
  365  of the geographical area it represents and serves and stimulate
  366  public interest in the advantages and development of that area
  367  by providing facilities for the benefit and development of the
  368  educational, agricultural, horticultural, livestock, equestrian,
  369  charitable, historical, civic, cultural, scientific, and other
  370  resources of the state, any county of the state, or any
  371  municipality or other community of any county of the state,
  372  including facilities for exhibits, concessions, and industrial
  373  exhibitions, public gatherings, cultural activities,
  374  entertainment events, recreational vehicle parking, auctions,
  375  trade shows, concerts, and other functions that which the
  376  association determines will enhance the educational, physical,
  377  economic, and cultural interests of the public; and generally to
  378  do, perform, and carry out all matters, acts, and business usual
  379  or proper in connection with public fairs and expositions.; but
  380  This enumeration of particular powers does shall not diminish be
  381  in derogation of or limit any special provisions of the charter
  382  of the association inserted for the regulation of its business,
  383  and the conduct of its affairs of creating, defining, limiting,
  384  and regulating the powers of the association or its officers or
  385  members.; provided, The treasurer or similar officer of the
  386  association shall be required to give a good and sufficient bond
  387  with a surety company duly authorized under the laws of the
  388  state, payable to the association and in an amount equal to the
  389  value of the total amount of money and other property in that
  390  officer’s possession or custody, in addition to the value of any
  391  money and property of the association which that may reasonably
  392  be expected to come into that officer’s possession or custody. A
  393  fair association organized under this chapter and in existence
  394  as of July 1, 2011, is exempt from local land use and zoning
  395  ordinances that are in conflict with public fair and exposition
  396  uses and purposes or with any development or improvement
  397  fulfilling such uses and purposes. A fair association organized
  398  under this chapter is a noncommercial activity provider.
  399         Section 9. Section 616.101, Florida Statutes, is amended to
  400  read:
  401         616.101 Annual review of accounts and records.—Once each
  402  year, a review of The accounts and records of every fair
  403  association whose annual public fair has an annual attendance of
  404  more than 25,000, based on sound accounting practices and
  405  procedures, shall be reviewed annually made by a qualified
  406  accountant licensed by the state. A fair association whose
  407  annual public fair has an annual attendance of 25,000 or fewer
  408  less must submit an annual financial statement that has been
  409  signed by an officer of the county. The results of the all such
  410  reviews shall be kept in the official records of each
  411  association, available to all directors of the association. A
  412  certified copy of the review shall be filed with in the office
  413  of the department:
  414         (1) On request by the department to certify expenditures of
  415  the premiums awarded to exhibitors of a fair state premium or of
  416  building funds when there is evidence of violation of state
  417  laws; or
  418         (2) When the association is applying for a fair permit.
  419         Section 10. Section 616.11, Florida Statutes, is amended to
  420  read:
  421         616.11 Association authorized to contract with
  422  municipality, county, or state for use of land; admission fees;
  423  state, counties, and municipalities authorized to make
  424  contributions.—Any fair association may enter into any contract,
  425  lease, or agreement with any municipality or county in the state
  426  or with the state or agency or subdivision of the state thereof
  427  for the donation to or the use and occupation by the association
  428  of any land owned, leased, or held by the county or municipality
  429  or the state or agency or subdivision of the state thereof
  430  during a such time and on the such terms approved by as the
  431  county or municipality or the state or agency or subdivision
  432  thereof may authorize, with the right on the part of the
  433  association to use the property for public charge and receive an
  434  admission fee to the fair or exposition purposes or any part
  435  thereof. The state, the Department of Transportation and or any
  436  other agency or subdivision of the state thereof, the board of
  437  county commissioners of any county within which the fair or
  438  exhibition is held, and the mayor and city council of any
  439  municipality within the county may also make contributions of
  440  money, property, or services to fair associations to assist in
  441  carrying out the purposes of the associations under as
  442  authorized by this chapter. The state or any agency or
  443  subdivision of the state, boards of county commissioners of the
  444  various counties of the state, and the mayor and city council of
  445  any municipality within the county may expend in their
  446  discretion such sums of money as they deem necessary for the
  447  best interests of their counties and in aiding the development
  448  of the educational, agricultural, horticultural, livestock,
  449  charitable, historical, civic, cultural, scientific, and any
  450  other resources of their counties at and in connection with
  451  public fairs and expositions, including the offering and paying
  452  of premiums for the exhibitions of resources of the state,
  453  county, or municipality their respective counties.
  454         Section 11. Section 616.12, Florida Statutes, is amended to
  455  read:
  456         616.12 Licenses upon certain shows; distribution of fees;
  457  exemptions.—
  458         (1) Each Every person who operates may operate under any
  459  terms whatsoever, including a lease arrangement, any traveling
  460  show, exhibition, amusement enterprise, carnival, vaudeville,
  461  exhibit, minstrel, rodeo, theatrical, game or test of skill,
  462  riding device, dramatic repertoire, or other show or amusement,
  463  or concession, (including a concession operating in a tent,
  464  enclosure, or other temporary structure, whether covered or
  465  uncovered) within the grounds of, and in connection with, any
  466  annual public fair or exposition held by a fair association
  467  shall pay the license taxes now or hereafter provided by law.;
  468  However, if in the event the association satisfies the
  469  requirements fully qualifies with all other provisions of this
  470  chapter, including securing the required fair permit from the
  471  department, the traveling show, exhibition, amusement
  472  enterprise, carnival, vaudeville, minstrel, rodeo, theatrical,
  473  game or test of skill, riding device, dramatic repertoire, or
  474  other show or amusement (including a concession operating in a
  475  tent, enclosure, or other temporary structure, whether covered
  476  or uncovered) within the grounds of, and in connection with, any
  477  such fair or exposition is not required to pay any such license
  478  taxes and local business tax authorized in chapter 205 are
  479  waived and the department shall issue tax, but shall operate
  480  under a tax exemption certificate issued by the department. The
  481  department shall adopt prescribe the proper forms and rules to
  482  administer for carrying out the purpose and intent expressed in
  483  this section, including the necessary tax exemption certificate,
  484  to be signed by the tax collector, showing that the fair
  485  association has met all requirements and that the traveling
  486  show, exhibition, amusement enterprise, carnival, vaudeville,
  487  exhibit, minstrel, rodeo, theatrical, game or test of skill,
  488  riding device, dramatic repertoire, or other show or amusement,
  489  or concession (including a concession operating in a tent,
  490  enclosure, or other temporary structure, whether covered or
  491  uncovered) has met in full all requirements of this chapter and
  492  accordingly is fully exempt.
  493         (2) Any fair association securing the required annual fair
  494  permit from the department is exempt from local business tax as
  495  defined by chapter 205, occupational license fees, occupational
  496  permit fees, inspection fees, franchise fees and taxes, utility
  497  service fees and taxes, communication service fees and taxes,
  498  surplus line fees and taxes, impact fees, or any occupational
  499  taxes assessed by any county, municipality, political
  500  subdivision, department, or agency, or instrumentality thereof.
  501         Section 12. Section 616.121, Florida Statutes, is amended
  502  to read:
  503         616.121 Making false application.—Any person who, with
  504  fraudulent intent, makes or causes to be made any false
  505  statement in an application for a permit to hold an annual a
  506  public fair or exposition or in an application for distribution
  507  of the amount paid for license taxes under the provisions of
  508  this chapter, with fraudulent intent of obtaining that permit or
  509  amount, and by that false statement obtains that permit or
  510  distribution, any part of that amount for himself or herself or
  511  for any firm or corporation in which that person has a financial
  512  interest, or for whom that person is acting, commits a
  513  misdemeanor of the first degree, punishable as provided in s.
  514  775.082 or s. 775.083.
  515         Section 13. Section 616.14, Florida Statutes, is amended to
  516  read:
  517         616.14 Number of fairs; penalty.—
  518         (1) A fair association may not conduct more than one annual
  519  public fair each calendar year. Any fair association that
  520  conducts more than one public fair or exposition during any one
  521  calendar year is subject to revocation of its charter by the
  522  court granting the charter.
  523         (2) Any fair association that does not conduct an annual a
  524  public fair or exposition for a period of 3 calendar years
  525  shall, upon the recommendation of the department, have its
  526  charter revoked by the court granting the charter.
  527         Section 14. Section 616.15, Florida Statutes, is amended to
  528  read:
  529         616.15 Permit from Department of Agriculture and Consumer
  530  Services required.—
  531         (1) An annual No public fair or exposition may not be
  532  conducted by a fair association without a permit issued by the
  533  department. The permit shall be issued in the following manner:
  534  The association shall present to the department an application
  535  for a the permit, signed by an officer of the association, at
  536  least 3 months before holding the annual public fair. The or
  537  exposition; this application shall be accompanied by a fee in an
  538  amount to be determined by the department not to exceed $366 or
  539  be less than $183 for processing the application and making any
  540  required investigation. The application fee must be at least
  541  $183 and may not exceed $366. The Fees collected under this
  542  subsection shall be deposited in the General Inspection Trust
  543  Fund of the State Treasury in a special account to be known as
  544  the “Agricultural and Livestock Fair Account.” A copy of the
  545  application must be sent to each fair association located within
  546  50 miles of the site of the proposed annual public fair or
  547  exposition at the same time the application is sent to the
  548  department. The department may issue a the permit if the
  549  applicant provides if the application sets forth:
  550         (a) The opening and closing dates of the proposed annual
  551  public fair or exposition.
  552         (b) The name and address of the owner of the central
  553  amusement attraction that will to operate during the annual
  554  public fair or exposition.
  555         (c) An affidavit properly executed by the president or
  556  other chief executive officer of the applicant association
  557  certifying the existence of a binding contract entered into by
  558  the association or exposition and the owner of the central
  559  amusement attraction covering the period for which the permit
  560  from the department is applied. The contract or contracts
  561  between the parties shall be available for inspection by duly
  562  authorized agents of the department in administering this
  563  chapter.
  564         (d) A written statement that the main purpose of the
  565  association is to conduct and operate a public the proposed fair
  566  and or exposition, including the annual fair, for the benefit
  567  and development of the educational, agricultural, horticultural,
  568  livestock, charitable, historical, civic, cultural, scientific,
  569  and other resources of the geographical area the fair
  570  association or exposition represents and serves. The statement
  571  must shall be in writing, shall be subscribed, and shall be
  572  acknowledged by an officer of the association before an officer
  573  authorized to take acknowledgments.
  574         (e) A premium list of the current annual public fair or
  575  exposition to be conducted or a copy of the previous year’s
  576  premium list showing all premiums and awards to be offered to
  577  exhibitors in various departments of the annual public fair,
  578  which may include, but are not limited to, such as art
  579  exhibition, beef cattle, county exhibits, dairy cattle,
  580  horticulture, swine, women’s department, 4-H Club activities,
  581  Future Farmers of America activities, Future Homemakers of
  582  America activities, poultry and egg exhibits, and community
  583  exhibits, the foregoing being a list of the usual exhibitors of
  584  a fair and not to be construed as limiting the premium list to
  585  these departments. The premium list, which may be submitted
  586  separately from the application, must be submitted at least at
  587  any time not later than 60 days before the holding of the annual
  588  public fair begins operation or exposition, and the department
  589  shall issue the permit as provided in this section within 10
  590  days thereafter if the applicant is properly qualified.
  591         (f) Proof of liability insurance insuring the association
  592  against liability for injury to persons, in an amount of not
  593  less than $300,000 per occurrence.
  594         (g) A copy of the most recent review.
  595         (h) A list of all current members of the board of directors
  596  of the association and their contact information, including home
  597  address addresses.
  598  
  599  The department shall issue the permit within 10 days after it
  600  receives all the information and the applicant qualifies
  601  pursuant to this section.
  602         (2) The department shall administer and enforce the
  603  provisions of this chapter except as to the regulation of games,
  604  which shall be regulated by local law enforcement agencies. The
  605  department shall adopt is authorized to make and publish rules
  606  to administer, not inconsistent with this chapter, including
  607  rules governing as to the form and contents of the application
  608  for the permit and any reports that it may deem necessary in
  609  enforcing the provisions of this chapter.
  610         (3) Notwithstanding any fair association meeting the
  611  requirements set forth in subsection (1), the department may
  612  order a full investigation to determine if whether or not the
  613  fair association meets in full the requirements of s. 616.01,
  614  and accordingly may withhold a permit from, deny a permit to, or
  615  withdraw a permit once issued to the association. The department
  616  shall also consider whether any proposed annual public fair or
  617  exposition, as set forth in an application for a permit, will
  618  compete with another annual public fair or exposition within 50
  619  miles of the proposed annual public fair or exposition with
  620  respect to name, dates of operation, or market. The department
  621  may deny, withhold, or withdraw a permit from a fair association
  622  if the department determines that such fair association will
  623  compete with another association. The department shall give
  624  preference to existing fair associations with established dates,
  625  locations, and names. The determination by the department is
  626  shall be final.
  627         Section 15. Subsections (1) and (3) of section 616.17,
  628  Florida Statutes, are amended to read:
  629         616.17 Minimum exhibits.—
  630         (1) An annual No public fair or exposition conducted by a
  631  fair association may not be approved by the department for a tax
  632  exemption certificate unless the fair association or exposition
  633  displays at least the following minimum exhibits, but this
  634  requirement may not be construed as a limitation on the number
  635  of exhibits which the fair or exposition may have:
  636         (a) Three exhibits from 4-H Clubs or Future Farmers of
  637  America chapters which are officially approved by those clubs or
  638  chapters.
  639         (b) Three exhibits of community, individual, or county farm
  640  displays.
  641         (c) Three exhibits of field crops in at least three
  642  different crops.
  643         (d) Three exhibits of horticultural products.
  644         (e) Three culinary exhibits such as canned fruits, canned
  645  vegetables, canned pickles or juices, jams, jellies, cakes,
  646  bread, candies, or eggs.
  647         (f) Three exhibits of household arts such as homemade
  648  spreads, towels, luncheon sets, rugs, clothing, or baby apparel.
  649         (g) Three exhibits of fruit or vegetable crops in at least
  650  three different crops.
  651         (h) Three exhibits of arts, crafts, photography, or
  652  antiques or of scout handiwork.
  653         (i) Three exhibits from home demonstration, home economics,
  654  educational, religious, or civic groups.
  655         (j) Three exhibits of livestock such as dairy cows, beef
  656  cattle, hogs, sheep, poultry, horses, or mules.
  657         (3) The department may provide a waiver to the minimum
  658  exhibit requirements of this section to any fair association
  659  that submits an application for the waiver to the department, at
  660  least 30 60 days before prior to the annual public fair or
  661  exposition in need of the waiver, and shows good cause why the
  662  requirements of this section cannot be met.
  663         Section 16. Section 616.185, Florida Statutes, is amended
  664  to read:
  665         616.185 Trespass upon grounds or facilities of public fair
  666  or exposition; penalty; arrests.—
  667         (1) For the purposes of this chapter, trespass upon the
  668  grounds of the Florida State Fair Authority or any other public
  669  fair association or exposition permitted under s. 616.15 means:
  670         (a) Entering and remaining upon any grounds or facilities
  671  owned, operated, or controlled by the Florida State Fair
  672  Authority or any other association public fair or exposition
  673  permitted under s. 616.15 and committing any act that which
  674  disrupts the orderly conduct of any authorized activity of the
  675  fair association organization in charge, or its lessees,
  676  licensees, or the general public on those grounds or facilities;
  677  or
  678         (b) Entering and remaining on those grounds or facilities
  679  after being directed not to enter or to leave them by the
  680  executive director of the authority, chief administrative
  681  officer of the fair association or exposition, or any employee
  682  or agent of the association thereof designated by the executive
  683  director or administrator to maintain order on those grounds and
  684  facilities, after a determination by the executive director,
  685  administrator, employee, or agent that the entering or remaining
  686  on those grounds or facilities is in violation of the rules and
  687  regulations of the Florida State Fair Authority or permitted
  688  public fair association or exposition or is disrupting the
  689  orderly conduct of any authorized activity of the fair
  690  association organization in charge, or its lessees, licensees,
  691  or the general public on those grounds or facilities.
  692         (2) Any person found guilty of committing the offense of
  693  trespass upon the grounds of the Florida State Fair Authority or
  694  any other public fair association or exposition permitted under
  695  s. 616.15 commits is guilty of a misdemeanor of the second
  696  degree, punishable as provided in s. 775.082 or s. 775.083.
  697         (3) A law enforcement peace officer may arrest any person
  698  on or off the premises, without a warrant, if the officer has
  699  probable cause for believing such person has committed the
  700  offense of trespass upon the grounds of the Florida State Fair
  701  Authority or any public fair association or exposition permitted
  702  under s. 616.15. Such an arrest does shall not render the law
  703  enforcement peace officer criminally or civilly liable for false
  704  arrest, false imprisonment, or unlawful detention.
  705         Section 17. Section 616.19, Florida Statutes, is amended to
  706  read:
  707         616.19 Designation of fairs.—Any public fair association or
  708  exposition heretofore or hereafter created pursuant to this
  709  chapter shall be designated by the name stated in the permit
  710  required or stated by its fair association and is shall be
  711  recognized by the state as equal in dignity to the Florida State
  712  Fair and as fully recognized as the Florida State Fair.
  713         Section 18. Section 616.21, Florida Statutes, is amended to
  714  read:
  715         616.21 Agricultural and livestock exhibit buildings;
  716  conditions for expenditures.—No part of Appropriated funds may
  717  not be expended except upon approval and with the recommendation
  718  of the department. Further, the no part of such an appropriation
  719  may not be expended for the construction of a building unless
  720  and until a good fee simple title to the land on which the
  721  building is to be constructed is vested in the county,
  722  municipality, or fair association for which the building is to
  723  be constructed.
  724         Section 19. Section 616.23, Florida Statutes, is amended to
  725  read:
  726         616.23 Use of buildings.—The buildings authorized by ss.
  727  616.21-616.23 may be used by the county, municipality, or fair
  728  association for which the buildings are built as agricultural or
  729  livestock exhibition buildings for public fair or exposition
  730  purposes in the promotion of the agricultural and livestock
  731  industries. These buildings may be used as office space for
  732  agricultural agents; however, no more than 20 percent of the
  733  buildings may be so used.
  734         Section 20. Subsection (2) of section 616.24, Florida
  735  Statutes, is amended to read:
  736         616.24 Enforcement.—
  737         (2) It is the duty of each every state attorney, law
  738  enforcement officer as defined by chapter 943, and other
  739  appropriate county or municipal officer to enforce this chapter
  740  and the rules adopted pursuant thereto and to assist the
  741  department and its inspectors and agents in the enforcement of
  742  this chapter and the rules adopted pursuant thereto.
  743         Section 21. Paragraph (a) of subsection (4) and subsection
  744  (6) of section 288.1175, Florida Statutes, are amended to read:
  745         288.1175 Agriculture education and promotion facility.—
  746         (4) The Department of Agriculture and Consumer Services
  747  shall certify a facility as an agriculture education and
  748  promotion facility if the Department of Agriculture and Consumer
  749  Services determines that:
  750         (a) The applicant is a unit of local government as defined
  751  in s. 218.369, or a fair association as defined in s.
  752  616.001(11) 616.001(9), which is responsible for the planning,
  753  design, permitting, construction, renovation, management, and
  754  operation of the agriculture education and promotion facility or
  755  holds title to the property on which such facility is to be
  756  developed and located.
  757         (6) Funds may not be expended to develop or subsidize
  758  privately owned facilities, except for facilities owned by fair
  759  associations as defined in s. 616.001(11) 616.001(9).
  760         Section 22. This act shall take effect July 1, 2012.