Bill Text: FL S0502 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public Fairs and Expositions
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-01 - Laid on Table, refer to CS/CS/HB 449 -SJ 731 [S0502 Detail]
Download: Florida-2012-S0502-Comm_Sub.html
Bill Title: Public Fairs and Expositions
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-01 - Laid on Table, refer to CS/CS/HB 449 -SJ 731 [S0502 Detail]
Download: Florida-2012-S0502-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 502 By the Committees on Community Affairs; and Agriculture; and Senator Hays 578-01523-12 2012502c2 1 A bill to be entitled 2 An act relating to public fairs and expositions; 3 amending s. 616.001, F.S.; redefining existing terms 4 and defining the terms “annual public fair” and 5 “concession”; amending s. 616.01, F.S., relating to 6 requirements for the proposed charter of an annual 7 public fair; revising provisions to conform to changes 8 made by the act; amending s. 616.02, F.S.; providing 9 that the primary objective of a fair association is 10 the holding, conducting, and promoting of public fairs 11 or expositions; amending s. 616.03, F.S.; providing 12 that a fair association may file its duly approved 13 charter with the Department of State in addition to 14 the Department of Agriculture and Consumer Services 15 for notice purposes; amending s. 616.05, F.S.; 16 providing the process by which a fair association may 17 amend its charter; requiring a fair association that 18 files its charter with the Department of State to file 19 a copy of amendments to its charter with that 20 department; amending s. 616.051, F.S.; revising 21 provisions regarding the process by which a fair 22 association may dissolve its charter; amending s. 23 616.07, F.S.; revising provisions regarding the 24 distribution of public funds and property when a fair 25 association is dissolved; clarifying that certain 26 authorized projects, activities, events, programs, and 27 uses serve an essential governmental purpose and, 28 therefore, are exempt from taxation; amending s. 29 616.08, F.S.; requiring each fair association to hold 30 an annual public fair; authorizing the fair 31 association to license certain property and to grant, 32 lease, rent, or license space for exhibits and 33 concessions; requiring the fair association to 34 stimulate public interest in the benefit and 35 development of certain resources of the state, any 36 county, or a municipality, including facilities for 37 specified uses; providing that certain fair 38 associations are noncommercial activity providers; 39 amending s. 616.101, F.S.; revising provisions related 40 to the review of association accounts and records; 41 amending s. 616.11, F.S.; clarifying the rights of the 42 association to use certain property for public 43 purposes; adding the Department of Transportation to 44 the list of governmental entities that may make 45 contributions to a fair association to assist it in 46 carrying out its purpose; authorizing state, county, 47 and municipal governments to fund certain projects at 48 or connected with public fairs and expositions; 49 amending s. 616.12, F.S.; revising provisions relating 50 to the exemption from certain license taxes and local 51 business taxes for annual public fairs held by a fair 52 association; amending s. 616.121, F.S., relating to a 53 penalty imposed for making false application for a 54 permit; replacing the term “exhibitions” with the term 55 “annual public fair” to conform to changes made by the 56 act; amending s. 616.14, F.S.; prohibiting a fair 57 association from conducting more than one annual 58 public fair each calendar year; amending ss. 616.15 59 and 616.17, F.S., relating to procedures for obtaining 60 a permit from the Department of Agriculture and 61 Consumer Services to conduct a public fair; revising 62 provisions to conform to changes made by the act; 63 revising requirements for obtaining a departmental 64 waiver from minimum exhibit requirements; amending s. 65 616.185, F.S.; revising provisions prohibiting the 66 offense of trespass upon the grounds or facilities of 67 a public fair; amending s. 616.19, F.S.; revising 68 provisions relating to the designation of fairs; 69 amending s. 616.21, F.S.; revising provisions related 70 to the expenditure of appropriated funds; amending s. 71 616.23, F.S.; removing certain limitations on the use 72 of buildings by counties, municipalities, or fair 73 associations; amending s. 616.24, F.S.; revising 74 provisions related to enforcement; amending s. 75 288.1175, F.S.; conforming cross-references; providing 76 an effective date. 77 78 Be It Enacted by the Legislature of the State of Florida: 79 80 Section 1. Section 616.001, Florida Statutes, is amended to 81 read: 82 616.001 Definitions.—As used in this chapter, the term: 83 (1) “Annual public fair” means a community, county, 84 district, regional, or state fair that is held and conducted by 85 a fair association and permitted by the department pursuant to 86 s. 616.15. 87 (2)(1)“Authority” means the Florida State Fair Authority. 88 (3)(2)“Community fair” means an annual publicafair that 89whichserves an area of less than an entire county, hasand the90 exhibits thatof whichare in accordance with s. 616.17, and 91 givesin whichpremiums or awardsare givento exhibitorsof the92fair. Agricultural products shall be produced in the community 93 the exhibit represents. The majority of the board of directors 94 of the fair shall reside, be employed, or operate a business in 95 the community the fair represents. 96 (4) “Concession” means use by a fair association, or a 97 grant, lease, or license to a third party, of a portion of the 98 land under the ownership, custody, or control of a fair 99 association for specific uses, or the right to enter upon the 100 land for specific purposes, such as providing rides, games, 101 food, beverage, merchandise for sale, exhibits, projects, 102 activities, events, programs, or other uses authorized in this 103 chapter. 104 (5)(3)“County fair” means an annual publicafair that 105whichserves an entire county and provides exhibitors with 106 premiums or awards fortheexhibits thatof whichare in 107 accordance with s. 616.17and in which premiums or awards are108given to exhibitors of the fair. Agricultural products must 109shallbe typical of those produced in the county the exhibit 110 representsin meeting minimum exhibit requirements. The majority 111 of the board of directors of the fair shall reside, be employed, 112 or operate a business in the county that the fair association 113 represents. 114 (6)(4)“Department” means the Department of Agriculture and 115 Consumer Services. 116 (7)(5)“District fair” means an annual publicafair that 117whichserves at least five counties and hastheexhibits that 118 meet the requirements ofwhich are in accordance withs. 616.17. 119 A district, whichfair shall pay at leastnotless than a120minimum of$25,000 in cash premiums or awards to exhibitorsof121the fair. Agricultural products mustshallbe typical of those 122 produced in the countiescountythe exhibit represents. 123 Livestock may originate from outside the district, but must be 124 registered in the exhibitor’s name at least 30 days before the 125 opening day of the fair. Each county isshall beencouraged to 126 have proportionate exhibits, typical of its respective natural 127 resources. Each county shall have exhibits representinginsome128phase ofbasic resources in agriculture and industry. 129 (8)(6)“Entry” means one item entered for competition or 130 show. An entry mayor may notconstitute an exhibit, depending 131 upon the regulationsasstated in the premium book. 132 (9)(7)“Exhibit” means one or more entries entered for 133 exhibition and constituting a unit. An exhibit may consist of 134 one or more entries, depending upon the regulationsasstated in 135 the premium book. The term includes parades and displays of 136 articles or a collection of articles, whether static, 137 interactive, or dynamic, by a fair association or a third party 138 contracting with a fair association, such as exhibits of 139 animals, art, housewares, or motor vehicles. 140 (10)(8)“Exhibitor” means an individual, group of 141 individuals, or business, including a fair association or third 142 party contracting with a fair association, which has an exhibit 143havingan entry or entriesin a show or fair. 144 (11)(9)“Fair association” or “association” means an 145 association not for profit incorporated under this chapter for 146 the purpose of conducting and operating public fairs or 147 expositions. 148 (12)(10)“Public fair or exposition” means a project, 149 activity, event, or program and use by a fair association, 150 including the annual public fair event, which serves the 151 purposes specified in s. 616.08 and benefits and developsor152exposition not for profitfor the purpose of thebenefit and153development ofthe educational, agricultural, horticultural, 154 livestock, charitable, historical, civic, cultural, scientific, 155 and other resources of thisthestate, or any county,or156counties of the state, or anymunicipality, or other community 157 in thisof any county of thestate. 158 (13)(11)“Regional fair” or “interstate fair” means an 159 annual publicafair of this state and otherseveralstates, one160of which is Florida,in which fair exhibits meet the 161 requirements ofare in accordance withs. 616.17. Agricultural 162 products mustshallbe typical of those produced in the area the 163 exhibit represents. 164 (14)(12)“Specialized show” means a show or exhibition 165 exhibiting and emphasizingalivestock or poultryshow, or a 166 fruit or vegetable festival, and mustshallmeet the minimum 167 exhibit requirements specifiedas definedin s. 616.17. A 168 specialized show may qualify under one of the definitions in 169 subsections(2),(3), (5), (7), and (15)(13). 170 (15)(13)“State fair” means an annual publicafair that 171whichserves the entire state. Exhibits must complyshallbe in172accordancewith s. 616.17, and cash premiums or awards may be 173 given to exhibitorsof the fair. 174 Section 2. Section 616.01, Florida Statutes, is amended to 175 read: 176 616.01 Number of persons required; requisites of proposed 177 charter.—Twenty-five or more persons who are residents and 178 qualified electors of the county in whichwhereinthe annual 179 public fair is to be located, who wishwishingto form an 180 association not for profit for the purpose of conducting and 181 operating public fairs or expositions, may become incorporated 182 in the following manner. The subscribersTheyshall submit the 183 proposed charter to the department for review and approval. If 184 the proposed charter is approved, the subscribers shall sign and 185thenpresent the proposed charter to the judge of the circuit 186 court for the county in which the principal office of the 187 association willis tobe located. Theaproposed charter must 188 specifysigned by the intended incorporators, whichshallset189forth: 190 (1) The name of the association and the place where the 191 principal office is to be located. The name of the association 192 shall include the word, “Inc.” 193 (2) The general nature of the objectivesits objectsand 194 powers of the association, including a provision that the 195 association is incorporated for the sole purpose of conducting 196 and operating public fairs or expositions. 197 (3) The qualifications and terms of association members and 198 criteria forthe manner oftheir admission and expulsion. 199 Provision may be made in the charter for ex officio membership,200and memberships may be for terms of years. 201 (4) The time for which the associationitis to exist. 202 (5) The namenamesand residenceresidencesof each 203 subscriberthe subscribers. 204 (6) Procedures for the election of and governance bywhat205 officers, who mayitsaffairsare tobe managed, and the time at206which the officers willbe elected or appointed. 207 (7) The designationnamesoftheofficers who willare to208 manage theitsaffairs of the association until the first 209 election or appointment under the charter. 210 (8) Procedures for the adoption, amendment, or rescission 211 ofBy whomitsbylaws of the associationare to be made,212altered, or rescinded. 213 (9) The highest amount of indebtedness or liability that 214 may be accrued by the associationto whichitmay at any time215subject itself. 216 Section 3. Section 616.02, Florida Statutes, is amended to 217 read: 218 616.02 Acknowledgment of charter.—The proposed charter of a 219 fair association shall be acknowledged by at least three of its 220 subscribers, each a person of good character and reputation,221 before an officer authorized to make acknowledgment of deeds.,222whichSubscribers shall also make and takesubscribe toan oath, 223 which musttobe attached to the proposed charter, stating that 224 the primary objectiveobjectof the association is public 225 service and holding, conducting, and promoting public fairs or 226 expositions; that money and other available assets in value 227 exceeding $5,000 havetherehasbeen provided for the purposes 228 of the associationproperty, money, and other available assets229in value exceeding $5,000; and that the association will operate 230intendsin good faith to carry out the purposes and objectives 231objectsset forth in its charter. 232 Section 4. Section 616.03, Florida Statutes, is amended to 233 read: 234 616.03 Notice of application; approval and record of 235 charter.—A notice of intention to apply to the circuit court 236judgefor the charter of a fair association must specify,237statingthe date thattime whentheapplication will be made, 238 shall be sent to the department for approval, andthenshall be 239 published in a newspaper in the county where the principal 240 office of the association willis tobe located once each week 241 for 4 consecutive weeks. The notice must, setting forthbriefly 242 summarize the charter and objectivesobjectsof the proposed 243 associationto be formed. The proposed charter shall be 244 submitted to and approved by the board of county commissioners 245 of the county in which the principal office of the association 246 willis tobe located. AfterUponapproval byofthe department 247 and the board of county commissioners, the proposed charter and 248withproof ofbothapproval and publication shall be submitted 249 to the circuit judge on the date specifiedat the time namedin 250 the notice.; and,If no cause is shown to the contrary andif251 the judge finds that the proposed charter isto bein proper 252 form and will serveso sworn to and forthe primary objective 253objectof public service, the judge shall approve the charter 254 and issue an orderrender a decreeincorporating the subscribers 255 under the charter for the objectivesobjectsand purposes 256 specified in the charterand with the powers therein specified. 257 The charter and orderdecreeof incorporation shallthenbe 258 recorded in the office of the clerk of the circuit court in the 259 county where the principal office of the association willis to260 be located and provided toin the office ofthe department. 261 After the order is recorded,Thenceforththe subscribers and 262 their associates areshall beincorporated with the objectives 263 and powers established in the charter and underbythe name 264 given in the charterand with the objects and powers set forth265therein. During the publication period, the proposed charter,266during the time of publication,shall be on file in the office 267 of the clerk of the circuit court. This section does not 268 preclude a fair association from also filing its duly approved 269 charter with the Department of State pursuant to chapter 617 for 270 notice purposes. 271 Section 5. Section 616.05, Florida Statutes, is amended to 272 read: 273 616.05 Amendment of charter.—AAnyfair association may 274desiring topropose an amendment toofits chartermay do soby 275 resolution as provided in its charter or bylaws. 276 (1) The proposed amendment shall be submitted to the 277 department for approval. 278 (2) After the department approves the proposed amendment, 279 it will be incorporated into the original charterWhen approved,280the proposed amendment,upon: 281 (a) Publication of notice in the same manner as provided in 282 s. 616.03;,283 (b) Filing the order of the circuit judge approving the 284 amendment withPlacement on file inthe office of the clerk of 285 the circuit court andin the office ofthe department, the286rendering of a decree of the circuit judge approving and287allowing the amendment;,and 288 (c) Being recorded in the clerk’s office, shall be289incorporated into the original charter. 290 291 If a fair association has filed its charter with the Department 292 of State pursuant to chapter 617, a copy of any amendment to the 293 charter must be filed with the Department of State for notice 294 purposes. 295 Section 6. Section 616.051, Florida Statutes, is amended to 296 read: 297 616.051 Dissolving a charter.—AAnyfair association may 298desiring todissolve its chartermay do soby resolution as 299 provided in its charter or bylaws. The proposal for dissolving 300 the charter shall be submitted to the department for approval. 301 Upon approval anduponpublication of notice and proof that all 302 indebtedness has been paid and no claims are outstanding against 303 the association, the circuit judge may, by decree, dissolve the 304 association and order its remaining public fundsremainingto be 305 distributed as recommended by the board of directors. 306 Section 7. Section 616.07, Florida Statutes, is amended to 307 read: 308 616.07 Members not personally liable; property of 309 association held in trust; exempt from taxation.— 310 (1) ANomember, officer, director, or trustee of a fair 311 association is notshall bepersonally liable for any of the 312 debts of the association,;andnomoney or property of a fair 313 association may notshallbe distributed as profits or dividends 314 among its members, officers, directors, or trustees., but315 (2) All money and property of the association, except that 316 necessaryshall, exceptfor the payment of its just debts and 317 liabilities, arebe and remain perpetuallypublic property, 318 shall be administered by the association as trustee, and shall 319tobe used exclusively for the legitimate purpose of the 320 association. So long as they are used for that purpose, all 321 money and property of the association are, andshall be, so long322as so used,exempt from all forms of taxation, including special 323 assessments, and any projects, activities, events, programs, and 324 uses authorized by this part serve an essential governmental 325 purpose and, therefore, are not taxable and are not subject to 326 assessments. 327 (3)(2)Upon order of the circuit judge, any public funds or 328 property remaining in a fair association when the association is 329 dissolved shall be distributed by resolution of the board of 330 directors, upon order of the circuit judgeto any county or any 331 municipality within the county. The board, andmay designate 332providein the distribution resolution the public project that 333 will benefit fromon whichthe fundsshallbe usedor the manner 334 in which the property will be used. Ifthe use to which the335property shall be put; however, whereproperty has been 336 contributed by a municipality or county, the property shall be 337 reconveyed to the municipality or county that gave the property 338 to the associationmaking the contribution of said property. 339 Section 8. Section 616.08, Florida Statutes, is amended to 340 read: 341 616.08 Additional powers of association.—EachEveryfair 342 association shallhave the power tohold, conduct, and operate 343 public fairs and expositions, including an annual public fair. 344annuallyandFor thatsuchpurpose, a fair association mayto345 buy, lease, acquire, and occupy lands, and erect buildings and 346 improvements of any kind onall kindsthereon,and developthose 347 lands, buildings, and improvements;tosell, mortgage, lease, 348 license, or convey any such property or any part thereof, in its 349 discretion, from time to time for the purpose of public fairs or 350 expositions;tocharge and receive compensation for admission to 351 those public fairs and expositions, and grant a lease or license 352 or rentfor the sale or renting ofspace for exhibits, 353 concessionsexhibitions, andforother purposesprivileges;to354 conduct and hold public meetings;tosupervise and conduct 355 lectures andall kinds ofdemonstration work in connection with 356 or for the improvement of agriculture, horticulture, 357 stockraising and poultry raising, and all kinds of farming and 358 related mattersconnected therewith;tohold exhibits of 359 agricultural and horticultural products and livestock, poultry, 360 equinechickens, and other domestic animals;togive 361 certificates or diplomas of excellence;topromote the progress 362 of the geographical area it represents and serves and stimulate 363 public interest in the advantages and development of that area 364 by providing facilities for the benefit and development of the 365 educational, agricultural, horticultural, livestock, equestrian, 366 charitable, historical, civic, cultural, scientific, and other 367 resources of the state, any county of the state, or any 368 municipality or other community of any county of the state, 369 including facilities for exhibits, concessions,andindustrial 370 exhibitions, public gatherings, cultural activities, 371 entertainment events, recreational vehicle parking, auctions, 372 trade shows, concerts, and other functions thatwhichthe 373 association determines will enhance the educational, physical, 374 economic, and cultural interests of the public; and generallyto375 do, perform, and carry out all matters, acts, and business usual 376 or proper in connection with public fairs and expositions.; but377 This enumeration of particular powers doesshallnot diminishbe378in derogation ofor limit any special provisions of the charter 379 of the associationinsertedfor the regulation of its business, 380 and the conduct of its affairs of creating, defining, limiting, 381 and regulating the powers of the association or its officers or 382 members.; provided,The treasurer or similar officer of the 383 association shallberequired togive a good and sufficient bond 384 with a surety company duly authorized under the laws of the 385 state, payable to the association and in an amount equal to the 386 value of the total amount of money and other property in that 387 officer’s possession or custody, in addition to the value of any 388 money and property of the association whichthatmay reasonably 389 be expected to come into that officer’s possession or custody. A 390 fair association organized under this chapter is a noncommercial 391 activity provider. 392 Section 9. Section 616.101, Florida Statutes, is amended to 393 read: 394 616.101 Annual review of accounts and records.—Once each395year,a review ofThe accounts and records of every fair 396 association whose annual public fair has an annual attendance of 397 more than 25,000, based on sound accounting practices and398procedures,shall be reviewed annuallymadeby a qualified 399 accountant licensed by the state. A fair association whose 400 annual public fair has an annual attendance of 25,000 or fewer 401lessmust submit an annual financial statement that has been 402 signed by an officer of the county. The results of theall such403 reviews shall be kept in the official records of each 404 association, available to all directors of the association. A 405 certified copy of the review shall be filed within the office406ofthe department: 407 (1) On request by the department to certify expenditures of 408 the premiums awarded to exhibitors of a fairstate premiumor of 409 building funds when there is evidence of violation of state 410 laws; or 411 (2) When the association is applying for a fair permit. 412 Section 10. Section 616.11, Florida Statutes, is amended to 413 read: 414 616.11 Association authorized to contract with 415 municipality, county, or state for use of land; admission fees; 416 state, counties, and municipalities authorized to make 417 contributions.—Any fair association may enter into any contract, 418 lease, or agreement with any municipality or county in the state 419 or with the state or agency or subdivision of the statethereof420 for the donation to or the use and occupation by the association 421 of any land owned, leased, or held by the county or municipality 422 or the state or agency or subdivision of the statethereof423 during asuchtime and on thesuchterms approved byasthe 424 county or municipality or the state or agency or subdivision 425thereof may authorize, with the righton the partof the 426 association to use the property for publicchargeandreceive an427admission fee to the fair orexposition purposesor any part428thereof. The state, the Department of Transportation andorany 429 other agency or subdivision of the statethereof, the board of 430 county commissioners of any county within which the fair or 431 exhibition is held, and the mayor and city council of any 432 municipality within the county may also make contributions of 433 money, property, or services to fair associations to assist in 434 carrying out the purposes of the associations underas435authorized bythis chapter. The state or any agency or 436 subdivision of the state, boards of county commissioners of the 437 various counties of the state, and the mayor and city council of 438 any municipality within the county may expendin their439discretionsuch sums of money as they deem necessary for the 440 best interests of their counties and in aiding the development 441 of the educational, agricultural, horticultural, livestock, 442 charitable, historical, civic, cultural, scientific, and any 443 other resources of their counties at and in connection with 444 public fairs and expositions, including the offering and paying 445 of premiums for the exhibitions of resources of the state, 446 county, or municipalitytheir respective counties. 447 Section 11. Section 616.12, Florida Statutes, is amended to 448 read: 449 616.12 Licenses upon certain shows; distribution of fees; 450 exemptions.— 451 (1) EachEveryperson who operatesmay operateunder any452terms whatsoever, including a lease arrangement,any traveling 453 show, exhibition, amusement enterprise, carnival, vaudeville, 454 exhibit, minstrel, rodeo, theatrical, game or test of skill, 455 riding device, dramatic repertoire,orother show or amusement, 456 or concession,(including a concession operating in a tent, 457 enclosure, or other temporary structure,whether covered or458uncovered)within the grounds of, and in connection with, any 459 annual public fairor expositionheld by a fair association 460 shall pay the license taxesnow or hereafterprovided by law.;461 However, ifin the eventthe association satisfies the 462 requirementsfully qualifies with all other provisionsof this 463 chapter, including securing the required fair permit from the 464 department, thetraveling show, exhibition, amusement465enterprise, carnival, vaudeville, minstrel, rodeo, theatrical,466game or test of skill, riding device, dramatic repertoire, or467other show or amusement(including a concession operating in a468tent, enclosure, or other temporary structure, whether covered469or uncovered)within the grounds of, and in connection with, any470suchfairor expositionis not required to pay any suchlicense 471 taxes and local business tax authorized in chapter 205 are 472 waived and the department shall issuetax, but shall operate473undera tax exemption certificateissued by the department. The 474 department shall adoptprescribethe proper forms and rules to 475 administerfor carrying out the purpose and intent expressed in476 this section, including the necessary tax exemption certificate, 477to be signed by the tax collector,showing that the fair 478 association has met all requirements and that the traveling 479 show, exhibition, amusement enterprise, carnival, vaudeville, 480 exhibit, minstrel, rodeo, theatrical, game or test of skill, 481 riding device, dramatic repertoire,orother show or amusement, 482 or concession(including a concession operating in a tent,483enclosure, or other temporary structure, whether covered or484uncovered)has metin fullall requirements of this chapter and485accordinglyisfullyexempt. 486 (2) Any fair association securing the required annual fair 487 permit from the department is exempt from local business tax as 488 defined by chapter 205occupational license fees, occupational 489 permit fees, or any occupational taxes assessed by any county, 490 municipality, political subdivision, department,oragency, or 491 instrumentality thereof. 492 Section 12. Section 616.121, Florida Statutes, is amended 493 to read: 494 616.121 Making false application.—Any person who, with 495 fraudulent intent, makes or causes to be made any false 496 statement in an application for a permit to hold an annuala497 public fairor expositionor in an application for distribution 498 of the amount paid for license taxes under the provisions of 499 this chapter,with fraudulent intent of obtaining that permit or500amount,and by that false statement obtains that permit or 501 distribution,any part of that amount for himself or herself or502for any firm or corporation in which that person has a financial503interest, or for whom that person is acting,commits a 504 misdemeanor of the first degree, punishable as provided in s. 505 775.082 or s. 775.083. 506 Section 13. Section 616.14, Florida Statutes, is amended to 507 read: 508 616.14 Number of fairs; penalty.— 509 (1) A fair association may not conduct more than one annual 510 public fair each calendar year. Any fair association that 511 conducts more than one public fairor expositionduring any one 512 calendar year is subject to revocation of its charter by the 513 court granting the charter. 514 (2) Any fair association that does not conduct an annuala515 public fairor expositionfor a period of 3 calendar years 516 shall, upon the recommendation of the department, have its 517 charter revoked by the court granting the charter. 518 Section 14. Section 616.15, Florida Statutes, is amended to 519 read: 520 616.15 Permit from Department of Agriculture and Consumer 521 Services required.— 522 (1) An annualNopublic fairor expositionmay not be 523 conducted by a fair association without a permit issued by the 524 department.The permit shall be issued in the following manner:525 The association shall present to the department an application 526 for athepermit, signed by an officer of the association, at 527 least 3 months before holding the annual public fair. Theor528exposition;thisapplication shall be accompanied by a fee in an 529 amount to be determined by the departmentnot to exceed $366 or530be less than $183for processing the application and making any 531 required investigation. The application fee must be at least 532 $183 and may not exceed $366.TheFees collected under this 533 subsection shall be deposited in the General Inspection Trust 534 Fund of the State Treasury in a special account to be known as 535 the “Agricultural and Livestock Fair Account.” A copy of the 536 application must be sent to each fair association located within 537 50 miles of the site of the proposed annual public fairor538expositionat the same time the application is sent to the 539 department. The department may issue athepermit if the 540 applicant providesif the application sets forth: 541 (a) The opening and closing dates of the proposed annual 542 public fairor exposition. 543 (b) The name and address of the owner of the central 544 amusement attraction that willtooperate during the annual 545 public fairor exposition. 546 (c) An affidavit properly executed by the president or 547otherchief executive officer of the applicant association 548 certifying the existence of a binding contract entered into by 549 the associationor expositionand the owner of the central 550 amusement attraction covering the period for which the permit 551 from the department is applied. The contractor contracts552 between the parties shall be available for inspection by duly 553 authorized agents of the department in administering this 554 chapter. 555 (d) A written statement that the main purpose of the 556 association is to conduct and operate a publicthe proposedfair 557 andorexposition, including the annual fair, for the benefit 558 and development of the educational, agricultural, horticultural, 559 livestock, charitable, historical, civic, cultural, scientific, 560 and other resources of the geographical area the fair 561 associationor expositionrepresents and serves. The statement 562 mustshall be in writing, shallbe subscribed,andshall be563 acknowledged by an officer of the association before an officer 564 authorized to take acknowledgments. 565 (e) A premium list of the current annual public fairor566expositionto be conducted or a copy of the previous year’s 567 premium list showing all premiums and awards to be offered to 568 exhibitors in various departments of the annual public fair, 569 which may include, but are not limited to,such asart 570 exhibition, beef cattle, county exhibits, dairy cattle, 571 horticulture, swine, women’s department, 4-H Club activities, 572 Future Farmers of America activities, Future Homemakers of 573 America activities, poultry and egg exhibits, and community 574 exhibits, the foregoing being a list of the usual exhibitors of575a fair and not to be construed as limiting the premium list to576these departments. The premium list, which may be submitted 577 separately from the application, must be submitted at leastat578any time not later than60 days beforethe holding ofthe annual 579 public fair begins operationor exposition, and the department580shall issue the permit as provided in this section within 10581days thereafter if the applicant is properly qualified. 582 (f) Proof of liability insurance insuring the association 583 against liability for injury to persons, in an amount of not 584 less than $300,000 per occurrence. 585 (g) A copy of the most recent review. 586 (h) A list of all current members of the board of directors 587 of the association and their contact information, including home 588 addressaddresses. 589 590 The department shall issue the permit within 10 days after it 591 receives all the information and the applicant qualifies 592 pursuant to this section. 593 (2) The department shall administer and enforce the 594 provisions of this chapter except as to the regulation of games, 595 which shall be regulated by local law enforcement agencies. The 596 department shall adoptis authorized to make and publishrules 597 to administer, not inconsistent withthis chapter, including 598 rules governingas tothe form and contents of the application 599 for the permit and any reports that it may deem necessary in 600 enforcing the provisions of this chapter. 601 (3) Notwithstanding any fair association meeting the 602 requirements set forth in subsection (1), the department may 603 order a full investigation to determine ifwhether or notthe 604 fair association meetsin fullthe requirements of s. 616.01, 605 andaccordinglymay withhold a permit from, deny a permit to, or 606 withdraw a permit once issued to the association. The department 607 shall also consider whether any proposed annual public fairor608exposition, as set forth in an application for a permit, will 609 compete with another annual public fairor expositionwithin 50 610 miles of the proposed annual public fairor expositionwith 611 respect to name, dates of operation, or market. The department 612 may deny, withhold, or withdraw a permit from a fair association 613 if the department determines that such fair association will 614 compete with another association. The department shall give 615 preference to existing fair associations with established dates, 616 locations, and names. The determination by the department is 617shall befinal. 618 Section 15. Subsections (1) and (3) of section 616.17, 619 Florida Statutes, are amended to read: 620 616.17 Minimum exhibits.— 621 (1) An annualNopublic fairor expositionconducted by a 622 fair association may not be approved by the department for a tax 623 exemption certificate unless the fair associationor exposition624 displays at least the followingminimumexhibits, but this625requirementmaynotbe construed as a limitation onthe number626of exhibits which the fairor expositionmay have: 627 (a) Three exhibits from 4-H Clubs or Future Farmers of 628 America chapters which are officially approved by those clubs or 629 chapters. 630 (b) Three exhibits of community, individual, or county farm 631 displays. 632 (c) Three exhibits of field crops in at least three 633 different crops. 634 (d) Three exhibits of horticultural products. 635 (e) Three culinary exhibits such as canned fruits, canned 636 vegetables, canned pickles or juices, jams, jellies, cakes, 637 bread, candies, or eggs. 638 (f) Three exhibits of household arts such as homemade 639 spreads, towels, luncheon sets, rugs, clothing, or baby apparel. 640 (g) Three exhibits of fruit or vegetable crops in at least 641 three different crops. 642 (h) Three exhibits of arts, crafts, photography, or 643 antiques or of scout handiwork. 644 (i) Three exhibits from home demonstration, home economics, 645 educational, religious, or civic groups. 646 (j) Three exhibits of livestock such as dairy cows, beef 647 cattle, hogs, sheep, poultry, horses, or mules. 648 (3) The department may provide a waiver to the minimum 649 exhibit requirements of this section to any fair association 650 that submits an application for the waiver to the department, at 651 least 3060days beforeprior tothe annual public fairor652expositionin need of the waiver, and shows good cause why the 653 requirements of this section cannot be met. 654 Section 16. Section 616.185, Florida Statutes, is amended 655 to read: 656 616.185 Trespass upon grounds or facilities of public fair 657or exposition; penalty; arrests.— 658 (1) For the purposes of this chapter,“trespass”upon the 659 grounds of the Florida State Fair Authority or any otherpublic660 fair associationor expositionpermitted under s. 616.15 means: 661 (a) Entering and remaining upon any grounds or facilities 662 owned, operated, or controlled by the Florida State Fair 663 Authority or any other associationpublic fair or exposition664 permitted under s. 616.15 and committing any act thatwhich665 disrupts the orderly conduct of any authorized activity of the 666 fair associationorganizationin charge, or its lessees, 667 licensees, or the general public on those grounds or facilities; 668 or 669 (b) Entering and remaining on those grounds or facilities 670 after being directed not to enter or to leave them by the 671 executive director of the authority, chief administrative 672 officer of the fair associationor exposition, or any employee 673 or agent of the associationthereofdesignated by the executive 674 director or administrator to maintain order on those grounds and 675 facilities, after a determination by the executive director, 676 administrator, employee, or agent that the entering or remaining 677 on those grounds or facilities is in violation of the rules and 678 regulations of the Florida State Fair Authority or permitted 679publicfair associationor expositionor is disrupting the 680 orderly conduct of any authorized activity of the fair 681 associationorganizationin charge, or its lessees, licensees, 682 or the general public on those grounds or facilities. 683 (2) Any personfound guilty ofcommitting the offense of 684 trespass upon the grounds of the Florida State Fair Authority or 685 any otherpublicfair associationor expositionpermitted under 686 s. 616.15 commitsis guilty ofa misdemeanor of the second 687 degree, punishable as provided in s. 775.082 or s. 775.083. 688 (3) A law enforcementpeaceofficer may arrest any person 689 on or off the premises, without a warrant, if the officer has 690 probable cause for believing such person has committed the 691 offense of trespass upon the grounds of the Florida State Fair 692 Authority or anypublicfair associationor expositionpermitted 693 under s. 616.15. Such an arrest doesshallnot render the law 694 enforcementpeaceofficer criminally or civilly liable for false 695 arrest, false imprisonment, or unlawful detention. 696 Section 17. Section 616.19, Florida Statutes, is amended to 697 read: 698 616.19 Designation of fairs.—Anypublicfair associationor699exposition heretofore or hereaftercreated pursuant to this 700 chapter shall be designated by the name stated in the permit 701 required or stated by its fair association and isshall be702 recognized by the state as equal in dignity to the Florida State 703 Fair and as fully recognized as the Florida State Fair. 704 Section 18. Section 616.21, Florida Statutes, is amended to 705 read: 706 616.21 Agricultural and livestock exhibit buildings; 707 conditions for expenditures.—No part ofAppropriated funds may 708 not be expended except upon approval and with the recommendation 709 of the department. Further, theno part of such anappropriation 710 may not be expended for the construction of a building unless 711and until a goodfee simple title to the land on which the 712 building is to be constructed is vested in the county, 713 municipality, or fair association for which the building is to 714 be constructed. 715 Section 19. Section 616.23, Florida Statutes, is amended to 716 read: 717 616.23 Use of buildings.—The buildings authorized by ss. 718 616.21-616.23 may be used by the county, municipality, or fair 719 association forwhich the buildings are built as agricultural or720livestock exhibition buildings forpublic fair or exposition 721 purposesin the promotion of the agricultural and livestock722industries. These buildings may be used as office space for 723 agricultural agents; however, no more than 20 percent of the 724 buildings may be so used. 725 Section 20. Subsection (2) of section 616.24, Florida 726 Statutes, is amended to read: 727 616.24 Enforcement.— 728 (2) It is the duty of eacheverystate attorney, law 729 enforcement officer as defined by chapter 943, and other 730 appropriate county or municipal officer to enforce this chapter 731 and the rules adopted pursuant thereto and to assist the 732 department and its inspectors and agents in the enforcement of 733 this chapter and the rules adopted pursuant thereto. 734 Section 21. Paragraph (a) of subsection (4) and subsection 735 (6) of section 288.1175, Florida Statutes, are amended to read: 736 288.1175 Agriculture education and promotion facility.— 737 (4) The Department of Agriculture and Consumer Services 738 shall certify a facility as an agriculture education and 739 promotion facility if the Department of Agriculture and Consumer 740 Services determines that: 741 (a) The applicant is a unit of local government as defined 742 in s. 218.369, or a fair association as defined in s. 743 616.001(11)616.001(9), which is responsible for the planning, 744 design, permitting, construction, renovation, management, and 745 operation of the agriculture education and promotion facility or 746 holds title to the property on which such facility is to be 747 developed and located. 748 (6) Funds may not be expended to develop or subsidize 749 privately owned facilities, except for facilities owned by fair 750 associations as defined in s. 616.001(11)616.001(9). 751 Section 22. This act shall take effect July 1, 2012.