Senate Bill 1786er

CODING: Words stricken are deletions; words underlined are additions.





    ENROLLED

    2000 Legislature                                       SB 1786



  1

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; repealing ss.

  7         506.01-506.05, F.S., relating to regulation on

  8         the use of stamped or marked containers and

  9         baskets; repealing ss. 506.14-506.18, F.S.,

10         relating to regulation of the sale or

11         distribution of milk products in marked

12         bottles, cans, or crates; repealing ss.

13         506.29-506.45, F.S., the Florida Milk and

14         Ice-cream Container Law; amending s. 506.519,

15         F.S.; revising a reference, to conform;

16         repealing ch. 523, F.S., relating to regulation

17         of naval stores; repealing ch. 544, F.S.,

18         relating to combinations against Florida meats;

19         repealing s. 570.541, F.S.; abolishing the

20         Racing Quarter Horse Advisory Council;

21         repealing ss. 588.07 and 588.08, F.S., relating

22         to the prohibition against stakes and the right

23         to land not in issue at trial; repealing s.

24         593.114(3)(b), F.S., relating to applicability

25         of provisions concerning the validity of

26         assessments under the Florida Boll Weevil

27         Eradication Law; repealing ch. 602, F.S.,

28         relating to citrus canker disease; amending ss.

29         616.001, 616.15, 616.21, F.S.; abolishing the

30         Agricultural and Livestock Fair Council;

31         repealing s. 698.10, F.S., relating to chattel


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       SB 1786



  1         mortgages filed or recorded prior to a certain

  2         date; repealing s. 865.04, F.S., relating to a

  3         prohibition against the false packing of

  4         provisions; providing an effective date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Sections 506.01, 506.02, 506.03, 506.04,

  9  and 506.05, Florida Statutes, are repealed.

10         Section 2.  Sections 506.14, 506.15, 506.16, 506.17,

11  and 506.18, Florida Statutes, are repealed.

12         Section 3.  Sections 506.29, 506.30, 506.31, 506.32,

13  506.33, 506.34, 506.35, 506.36, 506.37, 506.38, 506.39,

14  506.40, 506.41, 506.42, 506.43, 506.44, and 506.45, Florida

15  Statutes, are repealed.

16         Section 4.  Subsection (2) of section 506.519, Florida

17  Statutes, is amended to read:

18         506.519  Scope of ss. 506.501-506.519.--

19         (2)  The provisions of ss. 506.501-506.519 are intended

20  to be supplemental to the other provisions of this chapter ss.

21  506.01-506.45 and any other provisions of law governing the

22  subject matter of ss. 506.501-506.519.

23         Section 5.  Sections 523.01, 523.02, 523.03, 523.04,

24  523.05, 523.06, 523.07, 523.08, 523.09, 523.10, 523.12,

25  523.13, 523.14, 523.15, 523.16, 523.17, 523.18, 523.19,

26  523.20, 523.21, and 523.22, Florida Statutes, are repealed.

27         Section 6.  Sections 544.01, 544.02, 544.03, 544.04,

28  544.05, and 544.06, Florida Statutes, are repealed.

29         Section 7.  Section 570.541, Florida Statutes, is

30  repealed.

31


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       SB 1786



  1         Section 8.  Sections 588.07 and 588.08, Florida

  2  Statutes, are repealed.

  3         Section 9.  Paragraph (b) of subsection (3) of section

  4  593.114, Florida Statutes, is repealed.

  5         Section 10.  Sections 602.015, 602.025, 602.035,

  6  602.055, 602.065, 602.075, 602.085, 602.095, 602.097, and

  7  602.099, Florida Statutes, are repealed.

  8         Section 11.  Section 616.001, Florida Statutes, is

  9  amended to read:

10         616.001  Definitions.--As used in this chapter, the

11  term:

12         (1)  "Authority" means the Florida State Fair

13  Authority.

14         (2)  "Community fair" means a fair which serves an area

15  of less than an entire county and the exhibits of which are in

16  accordance with s. 616.17 and in which premiums or awards are

17  given to exhibitors of the fair. Agricultural products shall

18  be produced in the community the exhibit represents.  The

19  majority of the board of directors of the fair shall reside,

20  be employed, or operate a business in the community the fair

21  represents.

22         (3)  "Council" means the Agricultural and Livestock

23  Fair Council.

24         (3)(4)  "County fair" means a fair which serves an

25  entire county and the exhibits of which are in accordance with

26  s. 616.17 and in which premiums or awards are given to

27  exhibitors of the fair.  Agricultural products shall be

28  typical of those produced in the county the exhibit represents

29  in meeting minimum exhibit requirements.  The majority of the

30  board of directors of the fair shall reside, be employed, or

31  operate a business in the county the fair represents.


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       SB 1786



  1         (4)(5)  "Department" means the Department of

  2  Agriculture and Consumer Services.

  3         (5)(6)  "District fair" means a fair which serves at

  4  least five counties and the exhibits of which are in

  5  accordance with s. 616.17, which fair shall pay not less than

  6  a minimum of $25,000 in cash premiums or awards to exhibitors

  7  of the fair. Agricultural products shall be typical of those

  8  produced in the county the exhibit represents.  Livestock may

  9  originate from outside the district, but must be registered in

10  the exhibitor's name 30 days before the opening day of the

11  fair.  Each county shall be encouraged to have proportionate

12  exhibits, typical of its respective natural resources.  Each

13  county shall have exhibits in some phase of basic resources in

14  agriculture and industry.

15         (6)(7)  "Entry" means one item entered for competition

16  or show. An entry may or may not constitute an exhibit,

17  depending upon the regulations as stated in the premium book.

18         (7)(8)  "Exhibit" means one or more entries entered for

19  exhibition and constituting a unit.  An exhibit may consist of

20  one or more entries, depending upon the regulations as stated

21  in the premium book.

22         (8)(9)  "Exhibitor" means an individual, group of

23  individuals, or business having an entry or entries in a show

24  or fair.

25         (9)(10)  "Fair association" or "association" means an

26  association not for profit incorporated under this chapter for

27  the purpose of conducting and operating public fairs or

28  expositions.

29         (10)(11)  "Public fair or exposition" means a fair or

30  exposition not for profit for the purpose of the benefit and

31  development of the educational, agricultural, horticultural,


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       SB 1786



  1  livestock, charitable, historical, civic, cultural,

  2  scientific, and other resources of the state, any county or

  3  counties of the state, or any municipality or other community

  4  of any county of the state.

  5         (11)(12)  "Regional fair" or "interstate fair" means a

  6  fair of several states, one of which is Florida, in which fair

  7  exhibits are in accordance with s. 616.17.  Agricultural

  8  products shall be typical of those produced in the area the

  9  exhibit represents.

10         (12)(13)  "Specialized show" means a show or exhibition

11  exhibiting and emphasizing a livestock or poultry show, or a

12  fruit or vegetable festival, and shall meet the minimum

13  exhibit requirements as defined in s. 616.17.  A specialized

14  show may qualify under one of the definitions in subsections

15  (2), (3)(4), (5)(6), and (13)(14).

16         (13)(14)  "State fair" means a fair which serves the

17  entire state. Exhibits shall be in accordance with s. 616.17,

18  and cash premiums or awards may be given to exhibitors of the

19  fair.

20         Section 12.  Subsection (1) of section 616.15, Florida

21  Statutes, is amended to read:

22         616.15  Permit from Department of Agriculture and

23  Consumer Services required.--

24         (1)  No public fair or exposition may be conducted by a

25  fair association without a permit issued by the department.

26  The permit shall be issued in the following manner: The

27  association shall present to the department an application for

28  the permit, signed by an officer of the association, at least

29  3 months before holding the fair or exposition; this

30  application shall be accompanied by a fee in an amount to be

31  determined by the department not to exceed $366 or be less


                                  5

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       SB 1786



  1  than $183 for processing the application and making any

  2  required investigation.  The fees collected under this

  3  subsection shall be deposited in the General Inspection Trust

  4  Fund of the State Treasury in a special account to be known as

  5  the "Agricultural and Livestock Fair Account." A copy of the

  6  application must be sent to each fair association located

  7  within 50 miles of the site of the proposed fair or exposition

  8  at the same time the application is sent to the department.

  9  The department may issue the permit if with the advice and

10  counsel of the Agricultural and Livestock Fair Council,

11  provided the application sets forth:

12         (a)  The opening and closing dates of the proposed fair

13  or exposition.

14         (b)  The name and address of the owner of the central

15  amusement attraction to operate during the fair or exposition.

16         (c)  An affidavit properly executed by the president or

17  other chief executive officer of the applicant association

18  certifying the existence of a binding contract entered into by

19  the association or exposition and the owner of the central

20  amusement attraction covering the period for which the permit

21  from the department is applied.  The contract or contracts

22  between the parties shall be available for inspection by duly

23  authorized agents of the department in administering this

24  chapter.

25         (d)  A statement that the main purpose of the

26  association is to conduct and operate the proposed fair or

27  exposition for the benefit and development of the educational,

28  agricultural, horticultural, livestock, charitable,

29  historical, civic, cultural, scientific, and other resources

30  of the geographical area the fair or exposition represents and

31  serves. The statement shall be in writing, shall be


                                  6

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       SB 1786



  1  subscribed, and shall be acknowledged by an officer of the

  2  association before an officer authorized to take

  3  acknowledgments.

  4         (e)  A premium list of the current fair or exposition

  5  to be conducted or a copy of the previous year's premium list

  6  showing all premiums and awards to be offered to exhibitors in

  7  various departments of the fair, such as art exhibition, beef

  8  cattle, county exhibits, dairy cattle, horticulture, swine,

  9  women's department, 4-H Club activities, Future Farmers of

10  America activities, Future Homemakers of America activities,

11  poultry and egg exhibits, and community exhibits, the

12  foregoing being a list of the usual exhibitors of a fair and

13  not to be construed as limiting the premium list to these

14  departments. The list may be submitted separately at any time

15  not later than 60 days before the holding of the fair or

16  exposition, and the department shall issue the permit as

17  provided in this section within 10 days thereafter if the

18  applicant is properly qualified.

19         (f)  Proof of liability insurance insuring the

20  association against liability for injury to persons, in an

21  amount of not less than $300,000 per occurrence.

22         (g)  A copy of the most recent review.

23         (h)  A list of all current members of the board of

24  directors of the association and their home addresses.

25         Section 13.  Section 616.21, Florida Statutes, is

26  amended to read:

27         616.21  Agricultural and livestock exhibit buildings;

28  conditions for expenditures; Agricultural and Livestock Fair

29  Council.--

30         (1)  No part of appropriated funds may be expended

31  except upon approval and with the recommendation of the


                                  7

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       SB 1786



  1  department. Further, no part of such an appropriation may be

  2  expended for the construction of a building unless and until a

  3  good fee simple title to the land on which the building is to

  4  be constructed is vested in the county, municipality, or fair

  5  association for which the building is to be constructed.

  6         (2)(a)  There is created in the department the

  7  Agricultural and Livestock Fair Council, which shall be

  8  composed of five members, one of whom shall be appointed chair

  9  annually by the commissioner, as follows: a representative of

10  the Department of Education designated by the Commissioner of

11  Education; a representative of the department designated by

12  the Commissioner of Agriculture; the Dean for Extension,

13  Institute of Food and Agricultural Sciences of the University

14  of Florida; the president of the Florida Federation of Fairs

15  and Livestock Shows; and the president of the Florida Farm

16  Bureau Federation or his or her representative. A

17  representative of the department shall serve as secretary to

18  the council and shall keep a complete record of all its

19  proceedings, which record shall show the names of the members

20  present at each meeting and any action taken by the council.

21         (b)  The council shall meet at the call of its chair,

22  at the request of a majority of its membership, at the request

23  of the department, or at such times as may be prescribed by

24  its rules. No official action may be taken by the council

25  unless three of its members are in agreement on the particular

26  proposal, recommendation, or motion.

27         (c)  The members of the council shall receive no

28  compensation for their services but shall be entitled to be

29  reimbursed for per diem and travel expenses as provided in s.

30  112.061.

31


                                  8

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       SB 1786



  1         (3)  It is the duty and responsibility of the

  2  Agricultural and Livestock Fair Council:

  3         (a)  To advise, counsel, and consult with the

  4  department upon request in connection with:

  5         1.  The adoption, administration, and enforcement of

  6  all laws and rules relating to public fairs and expositions.

  7         2.  Expenditures of moneys appropriated for the

  8  construction or repair of agricultural and livestock exhibit

  9  buildings in the state.

10         3.  Issuance of permits to conduct public fairs or

11  expositions as provided in s. 616.15.

12         (b)  On its own initiative, to offer suggestions and

13  recommendations to the commissioner and the department in

14  regard to changes in the laws and rules relating to public

15  fairs and expositions as may be deemed advisable to secure the

16  effective administration and enforcement of the laws and

17  rules.

18         (c)  Upon the request of the commissioner, to

19  investigate violations of the provisions of this chapter and

20  rules adopted under this chapter and to report its findings or

21  recommendations in connection therewith to the commissioner

22  and the department.

23         (4)  The council may adopt rules, not inconsistent with

24  law, to govern its own proceedings.

25         Section 14.  Section 698.10, Florida Statutes, is

26  repealed.

27         Section 15.  Section 865.04, Florida Statutes, is

28  repealed.

29         Section 16.  This act shall take effect upon becoming a

30  law.

31


                                  9