HB 449

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
84	to 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
118	and 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
201	and 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
222	a fair association shall be acknowledged by at least three of
223	its 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
285	in 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
299	to 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
331	or property remaining in a fair association when the association
332	is 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
400	to 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
415	of the premiums awarded to exhibitors of a fair state premium or
416	of 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
420	to 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
455	to 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
516	to read:
517	616.14  Number of fairs; penalty.-
518	(1)  A fair association may not conduct more than one
519	annual 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
528	to 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
596	directors of the association and their contact information,
597	including home 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
640	farm 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
654	economics, 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
706	to read:
707	616.19  Designation of fairs.-Any public fair association
708	or 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
714	to 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
725	to 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

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