Bill Text: FL S0502 | 2012 | Regular Session | Comm Sub
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 CS for SB 502 By the Committees on Budget Subcommittee on Finance and Tax; Community Affairs; and Agriculture; and Senators Hays and Dean 593-02259-12 2012502c3 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; providing that 29 certain exemptions are not applicable to taxes imposed 30 under ch. 212, F.S.; amending s. 616.08, F.S.; 31 requiring each fair association to hold an annual 32 public fair; authorizing the fair association to 33 license certain property and to grant, lease, rent, or 34 license space for exhibits and concessions; requiring 35 the fair association to stimulate public interest in 36 the benefit and development of certain resources of 37 the state, any county, or a municipality, including 38 facilities for specified uses; providing that certain 39 fair associations are noncommercial activity 40 providers; amending s. 616.101, F.S.; revising 41 provisions related to the review of association 42 accounts and records; amending s. 616.11, F.S.; 43 clarifying the rights of the association to use 44 certain property for public purposes; adding the 45 Department of Transportation to the list of 46 governmental entities that may make contributions to a 47 fair association to assist it in carrying out its 48 purpose; authorizing state, county, and municipal 49 governments to fund certain projects at or connected 50 with public fairs and expositions; amending s. 616.12, 51 F.S.; revising provisions relating to the exemption 52 from certain license taxes and local business taxes 53 for annual public fairs held by a fair association; 54 amending s. 616.121, F.S., relating to a penalty 55 imposed for making false application for a permit; 56 replacing the term “exhibitions” with the term “annual 57 public fair” to conform to changes made by the act; 58 amending s. 616.14, F.S.; prohibiting a fair 59 association from conducting more than one annual 60 public fair each calendar year; amending ss. 616.15 61 and 616.17, F.S., relating to procedures for obtaining 62 a permit from the Department of Agriculture and 63 Consumer Services to conduct a public fair; revising 64 provisions to conform to changes made by the act; 65 revising requirements for obtaining a departmental 66 waiver from minimum exhibit requirements; amending s. 67 616.185, F.S.; revising provisions prohibiting the 68 offense of trespass upon the grounds or facilities of 69 a public fair; amending s. 616.19, F.S.; revising 70 provisions relating to the designation of fairs; 71 amending s. 616.21, F.S.; revising provisions related 72 to the expenditure of appropriated funds; amending s. 73 616.23, F.S.; removing certain limitations on the use 74 of buildings by counties, municipalities, or fair 75 associations; amending s. 616.24, F.S.; revising 76 provisions related to enforcement; amending s. 77 288.1175, F.S.; conforming cross-references; providing 78 an effective date. 79 80 Be It Enacted by the Legislature of the State of Florida: 81 82 Section 1. Section 616.001, Florida Statutes, is amended to 83 read: 84 616.001 Definitions.—As used in this chapter, the term: 85 (1) “Annual public fair” means a community, county, 86 district, regional, or state fair that is held and conducted by 87 a fair association and permitted by the department pursuant to 88 s. 616.15. 89 (2)(1)“Authority” means the Florida State Fair Authority. 90 (3)(2)“Community fair” means an annual publicafair that 91whichserves an area of less than an entire county, hasand the92 exhibits thatof whichare in accordance with s. 616.17, and 93 givesin whichpremiums or awardsare givento exhibitorsof the94fair. Agricultural products shall be produced in the community 95 the exhibit represents. The majority of the board of directors 96 of the fair shall reside, be employed, or operate a business in 97 the community the fair represents. 98 (4) “Concession” means use by a fair association, or a 99 grant, lease, or license to a third party, of a portion of the 100 land under the ownership, custody, or control of a fair 101 association for specific uses, or the right to enter upon the 102 land for specific purposes, such as providing rides, games, 103 food, beverage, merchandise for sale, exhibits, projects, 104 activities, events, programs, or other uses authorized in this 105 chapter. 106 (5)(3)“County fair” means an annual publicafair that 107whichserves an entire county and provides exhibitors with 108 premiums or awards fortheexhibits thatof whichare in 109 accordance with s. 616.17and in which premiums or awards are110given to exhibitors of the fair. Agricultural products must 111shallbe typical of those produced in the county the exhibit 112 representsin meeting minimum exhibit requirements. The majority 113 of the board of directors of the fair shall reside, be employed, 114 or operate a business in the county that the fair association 115 represents. 116 (6)(4)“Department” means the Department of Agriculture and 117 Consumer Services. 118 (7)(5)“District fair” means an annual publicafair that 119whichserves at least five counties and hastheexhibits that 120 meet the requirements ofwhich are in accordance withs. 616.17. 121 A district, whichfair shall pay at leastnotless than a122minimum of$25,000 in cash premiums or awards to exhibitorsof123the fair. Agricultural products mustshallbe typical of those 124 produced in the countiescountythe exhibit represents. 125 Livestock may originate from outside the district, but must be 126 registered in the exhibitor’s name at least 30 days before the 127 opening day of the fair. Each county isshall beencouraged to 128 have proportionate exhibits, typical of its respective natural 129 resources. Each county shall have exhibits representinginsome130phase ofbasic resources in agriculture and industry. 131 (8)(6)“Entry” means one item entered for competition or 132 show. An entry mayor may notconstitute an exhibit, depending 133 upon the regulationsasstated in the premium book. 134 (9)(7)“Exhibit” means one or more entries entered for 135 exhibition and constituting a unit. An exhibit may consist of 136 one or more entries, depending upon the regulationsasstated in 137 the premium book. The term includes parades and displays of 138 articles or a collection of articles, whether static, 139 interactive, or dynamic, by a fair association or a third party 140 contracting with a fair association, such as exhibits of 141 animals, art, housewares, or motor vehicles. 142 (10)(8)“Exhibitor” means an individual, group of 143 individuals, or business, including a fair association or third 144 party contracting with a fair association, which has an exhibit 145havingan entry or entriesin a show or fair. 146 (11)(9)“Fair association” or “association” means an 147 association not for profit incorporated under this chapter for 148 the purpose of conducting and operating public fairs or 149 expositions. 150 (12)(10)“Public fair or exposition” means a project, 151 activity, event, or program and use by a fair association, 152 including the annual public fair event, which serves the 153 purposes specified in s. 616.08 and benefits and developsor154exposition not for profitfor the purpose of thebenefit and155development ofthe educational, agricultural, horticultural, 156 livestock, charitable, historical, civic, cultural, scientific, 157 and other resources of thisthestate, or any county,or158counties of the state, or anymunicipality, or other community 159 in thisof any county of thestate. 160 (13)(11)“Regional fair” or “interstate fair” means an 161 annual publicafair of this state and otherseveralstates, one162of which is Florida,in which fair exhibits meet the 163 requirements ofare in accordance withs. 616.17. Agricultural 164 products mustshallbe typical of those produced in the area the 165 exhibit represents. 166 (14)(12)“Specialized show” means a show or exhibition 167 exhibiting and emphasizingalivestock or poultryshow, or a 168 fruit or vegetable festival, and mustshallmeet the minimum 169 exhibit requirements specifiedas definedin s. 616.17. A 170 specialized show may qualify under one of the definitions in 171 subsections(2),(3), (5), (7), and (15)(13). 172 (15)(13)“State fair” means an annual publicafair that 173whichserves the entire state. Exhibits must complyshallbe in174accordancewith s. 616.17, and cash premiums or awards may be 175 given to exhibitorsof the fair. 176 Section 2. Section 616.01, Florida Statutes, is amended to 177 read: 178 616.01 Number of persons required; requisites of proposed 179 charter.—Twenty-five or more persons who are residents and 180 qualified electors of the county in whichwhereinthe annual 181 public fair is to be located, who wishwishingto form an 182 association not for profit for the purpose of conducting and 183 operating public fairs or expositions, may become incorporated 184 in the following manner. The subscribersTheyshall submit the 185 proposed charter to the department for review and approval. If 186 the proposed charter is approved, the subscribers shall sign and 187thenpresent the proposed charter to the judge of the circuit 188 court for the county in which the principal office of the 189 association willis tobe located. Theaproposed charter must 190 specifysigned by the intended incorporators, whichshallset191forth: 192 (1) The name of the association and the place where the 193 principal office is to be located. The name of the association 194 shall include the word, “Inc.” 195 (2) The general nature of the objectivesits objectsand 196 powers of the association, including a provision that the 197 association is incorporated for the sole purpose of conducting 198 and operating public fairs or expositions. 199 (3) The qualifications and terms of association members and 200 criteria forthe manner oftheir admission and expulsion. 201 Provision may be made in the charter for ex officio membership,202and memberships may be for terms of years. 203 (4) The time for which the associationitis to exist. 204 (5) The namenamesand residenceresidencesof each 205 subscriberthe subscribers. 206 (6) Procedures for the election of and governance bywhat207 officers, who mayitsaffairsare tobe managed, and the time at208which the officers willbe elected or appointed. 209 (7) The designationnamesoftheofficers who willare to210 manage theitsaffairs of the association until the first 211 election or appointment under the charter. 212 (8) Procedures for the adoption, amendment, or rescission 213 ofBy whomitsbylaws of the associationare to be made,214altered, or rescinded. 215 (9) The highest amount of indebtedness or liability that 216 may be accrued by the associationto whichitmay at any time217subject itself. 218 Section 3. Section 616.02, Florida Statutes, is amended to 219 read: 220 616.02 Acknowledgment of charter.—The proposed charter of a 221 fair association shall be acknowledged by at least three of its 222 subscribers, each a person of good character and reputation,223 before an officer authorized to make acknowledgment of deeds.,224whichSubscribers shall also make and takesubscribe toan oath, 225 which musttobe attached to the proposed charter, stating that 226 the primary objectiveobjectof the association is public 227 service and holding, conducting, and promoting public fairs or 228 expositions; that money and other available assets in value 229 exceeding $5,000 havetherehasbeen provided for the purposes 230 of the associationproperty, money, and other available assets231in value exceeding $5,000; and that the association will operate 232intendsin good faith to carry out the purposes and objectives 233objectsset forth in its charter. 234 Section 4. Section 616.03, Florida Statutes, is amended to 235 read: 236 616.03 Notice of application; approval and record of 237 charter.—A notice of intention to apply to the circuit court 238judgefor the charter of a fair association must specify,239statingthe date thattime whentheapplication will be made, 240 shall be sent to the department for approval, andthenshall be 241 published in a newspaper in the county where the principal 242 office of the association willis tobe located once each week 243 for 4 consecutive weeks. The notice must, setting forthbriefly 244 summarize the charter and objectivesobjectsof the proposed 245 associationto be formed. The proposed charter shall be 246 submitted to and approved by the board of county commissioners 247 of the county in which the principal office of the association 248 willis tobe located. AfterUponapproval byofthe department 249 and the board of county commissioners, the proposed charter and 250withproof ofbothapproval and publication shall be submitted 251 to the circuit judge on the date specifiedat the time namedin 252 the notice.; and,If no cause is shown to the contrary andif253 the judge finds that the proposed charter isto bein proper 254 form and will serveso sworn to and forthe primary objective 255objectof public service, the judge shall approve the charter 256 and issue an orderrender a decreeincorporating the subscribers 257 under the charter for the objectivesobjectsand purposes 258 specified in the charterand with the powers therein specified. 259 The charter and orderdecreeof incorporation shallthenbe 260 recorded in the office of the clerk of the circuit court in the 261 county where the principal office of the association willis to262 be located and provided toin the office ofthe department. 263 After the order is recorded,Thenceforththe subscribers and 264 their associates areshall beincorporated with the objectives 265 and powers established in the charter and underbythe name 266 given in the charterand with the objects and powers set forth267therein. During the publication period, the proposed charter,268during the time of publication,shall be on file in the office 269 of the clerk of the circuit court. This section does not 270 preclude a fair association from also filing its duly approved 271 charter with the Department of State pursuant to chapter 617 for 272 notice purposes. 273 Section 5. Section 616.05, Florida Statutes, is amended to 274 read: 275 616.05 Amendment of charter.—AAnyfair association may 276desiring topropose an amendment toofits chartermay do soby 277 resolution as provided in its charter or bylaws. 278 (1) The proposed amendment shall be submitted to the 279 department for approval. 280 (2) After the department approves the proposed amendment, 281 it will be incorporated into the original charterWhen approved,282the proposed amendment,upon: 283 (a) Publication of notice in the same manner as provided in 284 s. 616.03;,285 (b) Filing the order of the circuit judge approving the 286 amendment withPlacement on file inthe office of the clerk of 287 the circuit court andin the office ofthe department;, the288rendering of a decree of the circuit judge approving and289allowing the amendment,and 290 (c) Being recorded in the clerk’s office, shall be291incorporated into the original charter. 292 293 If a fair association has filed its charter with the Department 294 of State pursuant to chapter 617, a copy of any amendment to the 295 charter must be filed with the Department of State for notice 296 purposes. 297 Section 6. Section 616.051, Florida Statutes, is amended to 298 read: 299 616.051 Dissolving a charter.—AAnyfair association may 300desiring todissolve its chartermay do soby resolution as 301 provided in its charter or bylaws. The proposal for dissolving 302 the charter shall be submitted to the department for approval. 303 Upon approval anduponpublication of notice and proof that all 304 indebtedness has been paid and no claims are outstanding against 305 the association, the circuit judge may, by decree, dissolve the 306 association and order its remaining public fundsremainingto be 307 distributed as recommended by the board of directors. 308 Section 7. Section 616.07, Florida Statutes, is amended to 309 read: 310 616.07 Members not personally liable; property of 311 association held in trust; exempt from taxation.— 312 (1) ANomember, officer, director, or trustee of a fair 313 association is notshall bepersonally liable for any of the 314 debts of the association,;andnomoney or property of a fair 315 association may notshallbe distributed as profits or dividends 316 among its members, officers, directors, or trustees., but317 (2) All money and property of the association, except that 318 necessaryshall, exceptfor the payment of its just debts and 319 liabilities, arebe and remain perpetuallypublic property, 320 shall be administered by the association as trustee, and shall 321tobe used exclusively for the legitimate purpose of the 322 association. So long as they are used for that purpose, all 323 money and property of the association are, andshall be, so long324as so used,exempt from all forms of taxation, including special 325 assessments, and any projects, activities, events, programs, and 326 uses authorized by this part serve an essential governmental 327 purpose and, therefore, are not taxable and are not subject to 328 assessments. This section does not provide an exemption from or 329 affect any tax imposed under chapter 212. 330 (3)(2)Upon order of the circuit judge, any public funds or 331 property remaining in a fair association when the association is 332 dissolved shall be distributed by resolution of the board of 333 directors, upon order of the circuit judgeto any county or any 334 municipality within the county. The board, andmay designate 335providein the distribution resolution the public project that 336 will benefit fromon whichthe fundsshallbe usedor the manner 337 in which the property will be used. Ifthe use to which the338property shall be put; however, whereproperty 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 associationmaking 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.—EachEveryfair 345 association shallhave the power tohold, conduct, and operate 346 public fairs and expositions, including an annual public fair. 347annuallyandFor thatsuchpurpose, a fair association mayto348 buy, lease, acquire, and occupy lands, and erect buildings and 349 improvements of any kind onall kindsthereon,and developthose 350 lands, buildings, and improvements;tosell, 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;tocharge and receive compensation for admission to 354 those public fairs and expositions, and grant a lease or license 355 or rentfor the sale or renting ofspace for exhibits, 356 concessionsexhibitions, andforother purposesprivileges;to357 conduct and hold public meetings;tosupervise and conduct 358 lectures andall kinds ofdemonstration 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 mattersconnected therewith;tohold exhibits of 362 agricultural and horticultural products and livestock, poultry, 363 equinechickens, and other domestic animals;togive 364 certificates or diplomas of excellence;topromote 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,andindustrial 373 exhibitions, public gatherings, cultural activities, 374 entertainment events, recreational vehicle parking, auctions, 375 trade shows, concerts, and other functions thatwhichthe 376 association determines will enhance the educational, physical, 377 economic, and cultural interests of the public; and generallyto378 do, perform, and carry out all matters, acts, and business usual 379 or proper in connection with public fairs and expositions.; but380 This enumeration of particular powers doesshallnot diminishbe381in derogation ofor limit any special provisions of the charter 382 of the associationinsertedfor 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 shallberequired togive 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 whichthatmay reasonably 392 be expected to come into that officer’s possession or custody. A 393 fair association organized under this chapter is a noncommercial 394 activity provider. 395 Section 9. Section 616.101, Florida Statutes, is amended to 396 read: 397 616.101 Annual review of accounts and records.—Once each398year,a review ofThe accounts and records of every fair 399 association whose annual public fair has an annual attendance of 400 more than 25,000, based on sound accounting practices and401procedures,shall be reviewed annuallymadeby a qualified 402 accountant licensed by the state. A fair association whose 403 annual public fair has an annual attendance of 25,000 or fewer 404lessmust submit an annual financial statement that has been 405 signed by an officer of the county. The results of theall such406 reviews shall be kept in the official records of each 407 association, available to all directors of the association. A 408 certified copy of the review shall be filed within the office409ofthe department: 410 (1) On request by the department to certify expenditures of 411 the premiums awarded to exhibitors of a fairstate premiumor of 412 building funds when there is evidence of violation of state 413 laws; or 414 (2) When the association is applying for a fair permit. 415 Section 10. Section 616.11, Florida Statutes, is amended to 416 read: 417 616.11 Association authorized to contract with 418 municipality, county, or state for use of land; admission fees; 419 state, counties, and municipalities authorized to make 420 contributions.—Any fair association may enter into any contract, 421 lease, or agreement with any municipality or county in the state 422 or with the state or agency or subdivision of the statethereof423 for the donation to or the use and occupation by the association 424 of any land owned, leased, or held by the county or municipality 425 or the state or agency or subdivision of the statethereof426 during asuchtime and on thesuchterms approved byasthe 427 county or municipality or the state or agency or subdivision 428thereof may authorize, with the righton the partof the 429 association to use the property for publicchargeandreceive an430admission fee to the fair orexposition purposesor any part431thereof. The state, the Department of Transportation andorany 432 other agency or subdivision of the statethereof, the board of 433 county commissioners of any county within which the fair or 434 exhibition is held, and the mayor and city council of any 435 municipality within the county may also make contributions of 436 money, property, or services to fair associations to assist in 437 carrying out the purposes of the associations underas438authorized bythis chapter. The state or any agency or 439 subdivision of the state, boards of county commissioners of the 440 various counties of the state, and the mayor and city council of 441 any municipality within the county may expendin their442discretionsuch sums of money as they deem necessary for the 443 best interests of their counties and in aiding the development 444 of the educational, agricultural, horticultural, livestock, 445 charitable, historical, civic, cultural, scientific, and any 446 other resources of their counties at and in connection with 447 public fairs and expositions, including the offering and paying 448 of premiums for the exhibitions of resources of the state, 449 county, or municipalitytheir respective counties. 450 Section 11. Section 616.12, Florida Statutes, is amended to 451 read: 452 616.12 Licenses upon certain shows; distribution of fees; 453 exemptions.— 454 (1) EachEveryperson who operatesmay operateunder any455terms whatsoever, including a lease arrangement,any traveling 456 show, exhibition, amusement enterprise, carnival, vaudeville, 457 exhibit, minstrel, rodeo, theatrical, game or test of skill, 458 riding device, dramatic repertoire,orother show or amusement, 459 or concession,(including a concession operating in a tent, 460 enclosure, or other temporary structure,whether covered or461uncovered)within the grounds of, and in connection with, any 462 annual public fairor expositionheld by a fair association 463 shall pay the license taxesnow or hereafterprovided by law.;464 However, ifin the eventthe association satisfies the 465 requirementsfully qualifies with all other provisionsof this 466 chapter, including securing the required fair permit from the 467 department, thetraveling show, exhibition, amusement468enterprise, carnival, vaudeville, minstrel, rodeo, theatrical,469game or test of skill, riding device, dramatic repertoire, or470other show or amusement(including a concession operating in a471tent, enclosure, or other temporary structure, whether covered472or uncovered)within the grounds of, and in connection with, any473suchfairor expositionis not required to pay any suchlicense 474 taxes and local business tax authorized in chapter 205 are 475 waived and the department shall issuetax, but shall operate476undera tax exemption certificateissued by the department. The 477 department shall adoptprescribethe proper forms and rules to 478 administerfor carrying out the purpose and intent expressed in479 this section, including the necessary tax exemption certificate, 480to be signed by the tax collector,showing that the fair 481 association has met all requirements and that the traveling 482 show, exhibition, amusement enterprise, carnival, vaudeville, 483 exhibit, minstrel, rodeo, theatrical, game or test of skill, 484 riding device, dramatic repertoire,orother show or amusement, 485 or concession(including a concession operating in a tent,486enclosure, or other temporary structure, whether covered or487uncovered)has metin fullall requirements of this chapter and488accordinglyisfullyexempt. 489 (2) Any fair association securing the required annual fair 490 permit from the department is exempt from local business tax as 491 defined by chapter 205occupational license fees, occupational 492 permit fees, or any occupational taxes assessed by any county, 493 municipality, political subdivision, or agency, or 494 instrumentality thereof. 495 Section 12. Section 616.121, Florida Statutes, is amended 496 to read: 497 616.121 Making false application.—Any person who, with 498 fraudulent intent, makes or causes to be made any false 499 statement in an application for a permit to hold an annuala500 public fairor expositionor in an application for distribution 501 of the amount paid for license taxes under the provisions of 502 this chapter,with fraudulent intent of obtaining that permit or503amount,and by that false statement obtains that permit or 504 distribution,any part of that amount for himself or herself or505for any firm or corporation in which that person has a financial506interest, or for whom that person is acting,commits a 507 misdemeanor of the first degree, punishable as provided in s. 508 775.082 or s. 775.083. 509 Section 13. Section 616.14, Florida Statutes, is amended to 510 read: 511 616.14 Number of fairs; penalty.— 512 (1) A fair association may not conduct more than one annual 513 public fair each calendar year. Any fair association that 514 conducts more than one public fairor expositionduring any one 515 calendar year is subject to revocation of its charter by the 516 court granting the charter. 517 (2) Any fair association that does not conduct an annuala518 public fairor expositionfor a period of 3 calendar years 519 shall, upon the recommendation of the department, have its 520 charter revoked by the court granting the charter. 521 Section 14. Section 616.15, Florida Statutes, is amended to 522 read: 523 616.15 Permit from Department of Agriculture and Consumer 524 Services required.— 525 (1) An annualNopublic fairor expositionmay not be 526 conducted by a fair association without a permit issued by the 527 department.The permit shall be issued in the following manner:528 The association shall present to the department an application 529 for athepermit, signed by an officer of the association, at 530 least 3 months before holding the annual public fair. Theor531exposition;thisapplication shall be accompanied by a fee in an 532 amount to be determined by the departmentnot to exceed $366 or533be less than $183for processing the application and making any 534 required investigation. The application fee must be at least 535 $183 and may not exceed $366.TheFees collected under this 536 subsection shall be deposited in the General Inspection Trust 537 Fund of the State Treasury in a special account to be known as 538 the “Agricultural and Livestock Fair Account.” A copy of the 539 application must be sent to each fair association located within 540 50 miles of the site of the proposed annual public fairor541expositionat the same time the application is sent to the 542 department. The department may issue athepermit if the 543 applicant providesif the application sets forth: 544 (a) The opening and closing dates of the proposed annual 545 public fairor exposition. 546 (b) The name and address of the owner of the central 547 amusement attraction that willtooperate during the annual 548 public fairor exposition. 549 (c) An affidavit properly executed by the president or 550otherchief executive officer of the applicant association 551 certifying the existence of a binding contract entered into by 552 the associationor expositionand the owner of the central 553 amusement attraction covering the period for which the permit 554 from the department is applied. The contractor contracts555 between the parties shall be available for inspection by duly 556 authorized agents of the department in administering this 557 chapter. 558 (d) A written statement that the main purpose of the 559 association is to conduct and operate a publicthe proposedfair 560 andorexposition, including the annual fair, for the benefit 561 and development of the educational, agricultural, horticultural, 562 livestock, charitable, historical, civic, cultural, scientific, 563 and other resources of the geographical area the fair 564 associationor expositionrepresents and serves. The statement 565 mustshall be in writing, shallbe subscribed,andshall be566 acknowledged by an officer of the association before an officer 567 authorized to take acknowledgments. 568 (e) A premium list of the current annual public fairor569expositionto be conducted or a copy of the previous year’s 570 premium list showing all premiums and awards to be offered to 571 exhibitors in various departments of the annual public fair, 572 which may include, but are not limited to,such asart 573 exhibition, beef cattle, county exhibits, dairy cattle, 574 horticulture, swine, women’s department, 4-H Club activities, 575 Future Farmers of America activities, Future Homemakers of 576 America activities, poultry and egg exhibits, and community 577 exhibits, the foregoing being a list of the usual exhibitors of578a fair and not to be construed as limiting the premium list to579these departments. The premium list, which may be submitted 580 separately from the application, must be submitted at leastat581any time not later than60 days beforethe holding ofthe annual 582 public fair begins operationor exposition, and the department583shall issue the permit as provided in this section within 10584days thereafter if the applicant is properly qualified. 585 (f) Proof of liability insurance insuring the association 586 against liability for injury to persons, in an amount of not 587 less than $300,000 per occurrence. 588 (g) A copy of the most recent review. 589 (h) A list of all current members of the board of directors 590 of the association and their contact information, including home 591 addressaddresses. 592 593 The department shall issue the permit within 10 days after it 594 receives all the information and the applicant qualifies 595 pursuant to this section. 596 (2) The department shall administer and enforce the 597 provisions of this chapter except as to the regulation of games, 598 which shall be regulated by local law enforcement agencies. The 599 department shall adoptis authorized to make and publishrules 600 to administer, not inconsistent withthis chapter, including 601 rules governingas tothe form and contents of the application 602 for the permit and any reports that it may deem necessary in 603 enforcing the provisions of this chapter. 604 (3) Notwithstanding any fair association meeting the 605 requirements set forth in subsection (1), the department may 606 order a full investigation to determine ifwhether or notthe 607 fair association meetsin fullthe requirements of s. 616.01, 608 andaccordinglymay withhold a permit from, deny a permit to, or 609 withdraw a permit once issued to the association. The department 610 shall also consider whether any proposed annual public fairor611exposition, as set forth in an application for a permit, will 612 compete with another annual public fairor expositionwithin 50 613 miles of the proposed annual public fairor expositionwith 614 respect to name, dates of operation, or market. The department 615 may deny, withhold, or withdraw a permit from a fair association 616 if the department determines that such fair association will 617 compete with another association. The department shall give 618 preference to existing fair associations with established dates, 619 locations, and names. The determination by the department is 620shall befinal. 621 Section 15. Subsections (1) and (3) of section 616.17, 622 Florida Statutes, are amended to read: 623 616.17 Minimum exhibits.— 624 (1) An annualNopublic fairor expositionconducted by a 625 fair association may not be approved by the department for a tax 626 exemption certificate unless the fair associationor exposition627 displays at least the followingminimumexhibits, but this628requirementmaynotbe construed as a limitation onthe number629of exhibits which the fairor expositionmay have: 630 (a) Three exhibits from 4-H Clubs or Future Farmers of 631 America chapters which are officially approved by those clubs or 632 chapters. 633 (b) Three exhibits of community, individual, or county farm 634 displays. 635 (c) Three exhibits of field crops in at least three 636 different crops. 637 (d) Three exhibits of horticultural products. 638 (e) Three culinary exhibits such as canned fruits, canned 639 vegetables, canned pickles or juices, jams, jellies, cakes, 640 bread, candies, or eggs. 641 (f) Three exhibits of household arts such as homemade 642 spreads, towels, luncheon sets, rugs, clothing, or baby apparel. 643 (g) Three exhibits of fruit or vegetable crops in at least 644 three different crops. 645 (h) Three exhibits of arts, crafts, photography, or 646 antiques or of scout handiwork. 647 (i) Three exhibits from home demonstration, home economics, 648 educational, religious, or civic groups. 649 (j) Three exhibits of livestock such as dairy cows, beef 650 cattle, hogs, sheep, poultry, horses, or mules. 651 (3) The department may provide a waiver to the minimum 652 exhibit requirements of this section to any fair association 653 that submits an application for the waiver to the department, at 654 least 3060days beforeprior tothe annual public fairor655expositionin need of the waiver, and shows good cause why the 656 requirements of this section cannot be met. 657 Section 16. Section 616.185, Florida Statutes, is amended 658 to read: 659 616.185 Trespass upon grounds or facilities of public fair 660or exposition; penalty; arrests.— 661 (1) For the purposes of this chapter,“trespass”upon the 662 grounds of the Florida State Fair Authority or any otherpublic663 fair associationor expositionpermitted under s. 616.15 means: 664 (a) Entering and remaining upon any grounds or facilities 665 owned, operated, or controlled by the Florida State Fair 666 Authority or any other associationpublic fair or exposition667 permitted under s. 616.15 and committing any act thatwhich668 disrupts the orderly conduct of any authorized activity of the 669 fair associationorganizationin charge, or its lessees, 670 licensees, or the general public on those grounds or facilities; 671 or 672 (b) Entering and remaining on those grounds or facilities 673 after being directed not to enter or to leave them by the 674 executive director of the authority, chief administrative 675 officer of the fair associationor exposition, or any employee 676 or agent of the associationthereofdesignated by the executive 677 director or administrator to maintain order on those grounds and 678 facilities, after a determination by the executive director, 679 administrator, employee, or agent that the entering or remaining 680 on those grounds or facilities is in violation of the rules and 681 regulations of the Florida State Fair Authority or permitted 682publicfair associationor expositionor is disrupting the 683 orderly conduct of any authorized activity of the fair 684 associationorganizationin charge, or its lessees, licensees, 685 or the general public on those grounds or facilities. 686 (2) Any personfound guilty ofcommitting the offense of 687 trespass upon the grounds of the Florida State Fair Authority or 688 any otherpublicfair associationor expositionpermitted under 689 s. 616.15 commitsis guilty ofa misdemeanor of the second 690 degree, punishable as provided in s. 775.082 or s. 775.083. 691 (3) A law enforcementpeaceofficer may arrest any person 692 on or off the premises, without a warrant, if the officer has 693 probable cause for believing such person has committed the 694 offense of trespass upon the grounds of the Florida State Fair 695 Authority or anypublicfair associationor expositionpermitted 696 under s. 616.15. Such an arrest doesshallnot render the law 697 enforcementpeaceofficer criminally or civilly liable for false 698 arrest, false imprisonment, or unlawful detention. 699 Section 17. Section 616.19, Florida Statutes, is amended to 700 read: 701 616.19 Designation of fairs.—Anypublicfair associationor702exposition heretofore or hereaftercreated pursuant to this 703 chapter shall be designated by the name stated in the permit 704 required or stated by its fair association and isshall be705 recognized by the state as equal in dignity to the Florida State 706 Fair and as fully recognized as the Florida State Fair. 707 Section 18. Section 616.21, Florida Statutes, is amended to 708 read: 709 616.21 Agricultural and livestock exhibit buildings; 710 conditions for expenditures.—No part ofAppropriated funds may 711 not be expended except upon approval and with the recommendation 712 of the department. Further, theno part of such anappropriation 713 may not be expended for the construction of a building unless 714and until a goodfee simple title to the land on which the 715 building is to be constructed is vested in the county, 716 municipality, or fair association for which the building is to 717 be constructed. 718 Section 19. Section 616.23, Florida Statutes, is amended to 719 read: 720 616.23 Use of buildings.—The buildings authorized by ss. 721 616.21-616.23 may be used by the county, municipality, or fair 722 association forwhich the buildings are built as agricultural or723livestock exhibition buildings forpublic fair or exposition 724 purposesin the promotion of the agricultural and livestock725industries. These buildings may be used as office space for 726 agricultural agents; however, no more than 20 percent of the 727 buildings may be so used. 728 Section 20. Subsection (2) of section 616.24, Florida 729 Statutes, is amended to read: 730 616.24 Enforcement.— 731 (2) It is the duty of eacheverystate attorney, law 732 enforcement officer as defined by chapter 943, and other 733 appropriate county or municipal officer to enforce this chapter 734 and the rules adopted pursuant thereto and to assist the 735 department and its inspectors and agents in the enforcement of 736 this chapter and the rules adopted pursuant thereto. 737 Section 21. Paragraph (a) of subsection (4) and subsection 738 (6) of section 288.1175, Florida Statutes, are amended to read: 739 288.1175 Agriculture education and promotion facility.— 740 (4) The Department of Agriculture and Consumer Services 741 shall certify a facility as an agriculture education and 742 promotion facility if the Department of Agriculture and Consumer 743 Services determines that: 744 (a) The applicant is a unit of local government as defined 745 in s. 218.369, or a fair association as defined in s. 746 616.001(11)616.001(9), which is responsible for the planning, 747 design, permitting, construction, renovation, management, and 748 operation of the agriculture education and promotion facility or 749 holds title to the property on which such facility is to be 750 developed and located. 751 (6) Funds may not be expended to develop or subsidize 752 privately owned facilities, except for facilities owned by fair 753 associations as defined in s. 616.001(11)616.001(9). 754 Section 22. This act shall take effect July 1, 2012.