Bill Text: FL S0502 | 2012 | Regular Session | Introduced
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-Introduced.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-Introduced.html
Florida Senate - 2012 SB 502 By Senator Hays 20-00260C-12 2012502__ 1 A bill to be entitled 2 An act relating to public fairs and expositions; 3 amending s. 616.001, F.S.; redefining existing terms 4 and defining the terms “annual public fair” and 5 “concession”; amending s. 616.01, F.S., relating to 6 requirements for the proposed charter of an annual 7 public fair; revising provisions to conform to changes 8 made by the act; amending s. 616.02, F.S.; providing 9 that the primary objective of a fair association is 10 the holding, conducting, and promoting of public fairs 11 or expositions; amending s. 616.03, F.S.; providing 12 that a fair association may file its duly approved 13 charter with the Department of State in addition to 14 the Department of Agriculture and Consumer Services 15 for notice purposes; amending s. 616.05, F.S.; 16 providing the process by which a fair association may 17 amend its charter; requiring a fair association that 18 files its charter with the Department of State to file 19 a copy of amendments to its charter with that 20 department; amending s. 616.051, F.S.; revising 21 provisions regarding the process by which a fair 22 association may dissolve its charter; amending s. 23 616.07, F.S.; revising provisions regarding the 24 distribution of public funds and property when a fair 25 association is dissolved; clarifying that certain 26 authorized projects, activities, events, programs, and 27 uses serve an essential governmental purpose and, 28 therefore, are exempt from taxation; amending s. 29 616.08, F.S.; requiring each fair association to hold 30 an annual public fair; authorizing the fair 31 association to license certain property and to grant, 32 lease, rent, or license space for exhibits and 33 concessions; requiring the fair association to 34 stimulate public interest in the benefit and 35 development of certain resources of the state, any 36 county, or a municipality, including facilities for 37 specified uses; exempting existing fair associations 38 from local land use and zoning ordinances that 39 conflict with the uses and purposes of public fairs 40 and expositions; providing that certain fair 41 associations are noncommercial activity providers; 42 amending s. 616.101, F.S.; revising provisions related 43 to the review of association accounts and records; 44 amending s. 616.11, F.S.; clarifying the rights of the 45 association to use certain property for public 46 purposes; adding the Department of Transportation to 47 the list of governmental entities that may make 48 contributions to a fair association to assist it in 49 carrying out its purpose; authorizing state, county, 50 and municipal governments to fund certain projects at 51 or connected with public fairs and expositions; 52 amending s. 616.12, F.S.; revising provisions relating 53 to the exemption from certain license taxes and local 54 business taxes for annual public fairs held by a fair 55 association; amending s. 616.121, F.S., relating to a 56 penalty imposed for making false application for a 57 permit; replacing the term “exhibitions” with the term 58 “annual public fair” to conform to changes made by the 59 act; amending s. 616.14, F.S.; prohibiting a fair 60 association from conducting more than one annual 61 public fair each calendar year; amending ss. 616.15 62 and 616.17, F.S., relating to procedures for obtaining 63 a permit from the Department of Agriculture and 64 Consumer Services to conduct a public fair; revising 65 provisions to conform to changes made by the act; 66 revising requirements for obtaining a departmental 67 waiver from minimum exhibit requirements; amending s. 68 616.185, F.S.; revising provisions prohibiting the 69 offense of trespass upon the grounds or facilities of 70 a public fair; amending s. 616.19, F.S.; revising 71 provisions relating to the designation of fairs; 72 amending s. 616.21, F.S.; revising provisions related 73 to the expenditure of appropriated funds; amending s. 74 616.23, F.S.; removing certain limitations on the use 75 of buildings by counties, municipalities, or fair 76 associations; amending s. 616.24, F.S.; revising 77 provisions related to enforcement; amending s. 78 288.1175, F.S.; conforming cross-references; providing 79 an effective date. 80 81 Be It Enacted by the Legislature of the State of Florida: 82 83 Section 1. Section 616.001, Florida Statutes, is amended to 84 read: 85 616.001 Definitions.—As used in this chapter, the term: 86 (1) “Annual public fair” means a community, county, 87 district, regional, or state fair that is held and conducted by 88 a fair association and permitted by the department pursuant to 89 s. 616.15. 90 (2)(1)“Authority” means the Florida State Fair Authority. 91 (3)(2)“Community fair” means an annual publicafair that 92whichserves an area of less than an entire county, hasand the93 exhibits thatof whichare in accordance with s. 616.17, and 94 givesin whichpremiums or awardsare givento exhibitorsof the95fair. 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 publicafair that 108whichserves an entire county and provides exhibitors with 109 premiums or awards fortheexhibits thatof whichare in 110 accordance with s. 616.17and in which premiums or awards are111given to exhibitors of the fair. Agricultural products must 112shallbe typical of those produced in the county the exhibit 113 representsin meeting minimum exhibit requirements. The majority 114 of the board of directors of the fair shall reside, be employed, 115 or operate a business in the county that the fair association 116 represents. 117 (6)(4)“Department” means the Department of Agriculture and 118 Consumer Services. 119 (7)(5)“District fair” means an annual publicafair that 120whichserves at least five counties and hastheexhibits that 121 meet the requirements ofwhich are in accordance withs. 616.17. 122 A district, whichfair shall pay at leastnotless than a123minimum of$25,000 in cash premiums or awards to exhibitorsof124the fair. Agricultural products mustshallbe typical of those 125 produced in the countiescountythe 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 isshall beencouraged to 129 have proportionate exhibits, typical of its respective natural 130 resources. Each county shall have exhibits representinginsome131phase ofbasic resources in agriculture and industry. 132 (8)(6)“Entry” means one item entered for competition or 133 show. An entry mayor may notconstitute an exhibit, depending 134 upon the regulationsasstated 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 regulationsasstated 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 146havingan entry or entriesin 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 developsor exposition not for profit155for the purpose of thebenefit and development ofthe 156 educational, agricultural, horticultural, livestock, charitable, 157 historical, civic, cultural, scientific, and other resources of 158 thisthestate, or any county,or counties of the state, or any159 municipality, or other community in thisof any county of the160 state. 161 (13)(11)“Regional fair” or “interstate fair” means an 162 annual publicafair of this state and otherseveralstates, one163of which is Florida,in which fair exhibits meet the 164 requirements ofare in accordance withs. 616.17. Agricultural 165 products mustshallbe typical of those produced in the area the 166 exhibit represents. 167 (14)(12)“Specialized show” means a show or exhibition 168 exhibiting and emphasizingalivestock or poultryshow, or a 169 fruit or vegetable festival, and mustshallmeet the minimum 170 exhibit requirements specifiedas definedin 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 publicafair that 174whichserves the entire state. Exhibits must complyshallbe in175accordancewith s. 616.17, and cash premiums or awards may be 176 given to exhibitorsof 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 whichwhereinthe annual 182 public fair is to be located, who wishwishingto 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 subscribersTheyshall submit the 186 proposed charter to the department for review and approval. If 187 the proposed charter is approved, the subscribers shall sign and 188thenpresent the proposed charter to the judge of the circuit 189 court for the county in which the principal office of the 190 association willis tobe located. Theaproposed charter must 191 specifysigned by the intended incorporators, whichshallset192forth: 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 objectivesits objectsand 197 powers of the association, including a provision that the 198 association is incorporated for the sole purpose of conducting 199 and operating public fairs or expositions. 200 (3) The qualifications and terms of association members and 201 criteria forthe manner oftheir admission and expulsion. 202 Provision may be made in the charter for ex officio membership,203and memberships may be for terms of years. 204 (4) The time for which the associationitis to exist. 205 (5) The namenamesand residenceresidencesof each 206 subscriberthe subscribers. 207 (6) Procedures for the election of and governance bywhat208 officers, who mayitsaffairsare tobe managed, and the time at209which the officers willbe elected or appointed. 210 (7) The designationnamesoftheofficers who willare to211 manage theitsaffairs of the association until the first 212 election or appointment under the charter. 213 (8) Procedures for the adoption, amendment, or rescission 214 ofBy whomitsbylaws of the associationare to be made,215altered, or rescinded. 216 (9) The highest amount of indebtedness or liability that 217 may be accrued by the associationto whichitmay at any time218subject itself. 219 Section 3. Section 616.02, Florida Statutes, is amended to 220 read: 221 616.02 Acknowledgment of charter.—The proposed charter of a 222 fair association shall be acknowledged by at least three of its 223 subscribers, each a person of good character and reputation,224 before an officer authorized to make acknowledgment of deeds.,225whichSubscribers shall also make and takesubscribe toan oath, 226 which musttobe attached to the proposed charter, stating that 227 the primary objectiveobjectof 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 havetherehasbeen provided for the purposes 231 of the associationproperty, money, and other available assets232in value exceeding $5,000; and that the association will operate 233intendsin good faith to carry out the purposes and objectives 234objectsset 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 239judgefor the charter of a fair association must specify,240statingthe date thattime whentheapplication will be made, 241 shall be sent to the department for approval, andthenshall be 242 published in a newspaper in the county where the principal 243 office of the association willis tobe located once each week 244 for 4 consecutive weeks. The notice must, setting forthbriefly 245 summarize the charter and objectivesobjectsof the proposed 246 associationto 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 willis tobe located. AfterUponapproval byofthe department 250 and the board of county commissioners, the proposed charter and 251withproof ofbothapproval and publication shall be submitted 252 to the circuit judge on the date specifiedat the time namedin 253 the notice.; and,If no cause is shown to the contrary andif254 the judge finds that the proposed charter isto bein proper 255 form and will serveso sworn to and forthe primary objective 256objectof public service, the judge shall approve the charter 257 and issue an orderrender a decreeincorporating the subscribers 258 under the charter for the objectivesobjectsand purposes 259 specified in the charterand with the powers therein specified. 260 The charter and orderdecreeof incorporation shallthenbe 261 recorded in the office of the clerk of the circuit court in the 262 county where the principal office of the association willis to263 be located and provided toin the office ofthe department. 264 After the order is recorded,Thenceforththe subscribers and 265 their associates areshall beincorporated with the objectives 266 and powers established in the charter and underbythe name 267 given in the charterand with the objects and powers set forth268therein. During the publication period, the proposed charter,269during 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.—AAnyfair association may 277desiring topropose an amendment toofits chartermay do soby 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 charterWhen approved,283the proposed amendment,upon: 284 (a) Publication of notice in the same manner as provided in 285 s. 616.03;,286 (b) Filing the order of the circuit judge approving the 287 amendment withPlacement on file inthe office of the clerk of 288 the circuit court andin the office ofthe department, the289rendering of a decree of the circuit judge approving and290allowing the amendment;,and 291 (c) Being recorded in the clerk’s office, shall be292incorporated into the original charter. 293 294 If a fair association has filed its charter with the Department 295 of State pursuant to chapter 617, a copy of any amendment to the 296 charter must be filed with the Department of State for notice 297 purposes. 298 Section 6. Section 616.051, Florida Statutes, is amended to 299 read: 300 616.051 Dissolving a charter.—AAnyfair association may 301desiring todissolve its chartermay do soby 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 anduponpublication 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 fundsremainingto 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) ANomember, officer, director, or trustee of a fair 314 association is notshall bepersonally liable for any of the 315 debts of the association,;andnomoney or property of a fair 316 association may notshallbe distributed as profits or dividends 317 among its members, officers, directors, or trustees., but318 (2) All money and property of the association, except that 319 necessaryshall, exceptfor the payment of its just debts and 320 liabilities, arebe and remain perpetuallypublic property, 321 shall be administered by the association as trustee, and shall 322tobe 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, andshall be, so long325as so used,exempt from all forms of taxation, including special 326 assessments, and any projects, activities, events, programs, and 327 uses authorized by this part serve an essential governmental 328 purpose and, therefore, are not taxable and are not subject to 329 assessments. 330 (3)(2)Upon order of the circuit judge, any public funds or 331 property remaining in a fair association when the association is 332 dissolved shall be distributed by resolution of the board of 333 directors, upon order of the circuit 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 and in existence 394 as of July 1, 2011, is exempt from local land use and zoning 395 ordinances that are in conflict with public fair and exposition 396 uses and purposes or with any development or improvement 397 fulfilling such uses and purposes. A fair association organized 398 under this chapter is a noncommercial activity provider. 399 Section 9. Section 616.101, Florida Statutes, is amended to 400 read: 401 616.101 Annual review of accounts and records.—Once each402year,a review ofThe 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 and405procedures,shall be reviewed annuallymadeby 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 408lessmust submit an annual financial statement that has been 409 signed by an officer of the county. The results of theall such410 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 within the office413ofthe department: 414 (1) On request by the department to certify expenditures of 415 the premiums awarded to exhibitors of a fairstate premiumor of 416 building funds when there is evidence of violation of state 417 laws; or 418 (2) When the association is applying for a fair permit. 419 Section 10. Section 616.11, Florida Statutes, is amended to 420 read: 421 616.11 Association authorized to contract with 422 municipality, county, or state for use of land; admission fees; 423 state, counties, and municipalities authorized to make 424 contributions.—Any fair association may enter into any contract, 425 lease, or agreement with any municipality or county in the state 426 or with the state or agency or subdivision of the statethereof427 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 statethereof430 during asuchtime and on thesuchterms approved byasthe 431 county or municipality or the state or agency or subdivision 432thereof may authorize, with the righton the partof the 433 association to use the property for publicchargeandreceive an434admission fee to the fair orexposition purposesor any part435thereof. The state, the Department of Transportation andorany 436 other agency or subdivision of the statethereof, 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 underas442authorized bythis 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 expendin their446discretionsuch 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 municipalitytheir respective counties. 454 Section 11. Section 616.12, Florida Statutes, is amended to 455 read: 456 616.12 Licenses upon certain shows; distribution of fees; 457 exemptions.— 458 (1) EachEveryperson who operatesmay operateunder any459terms 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,orother show or amusement, 463 or concession,(including a concession operating in a tent, 464 enclosure, or other temporary structure,whether covered or465uncovered)within the grounds of, and in connection with, any 466 annual public fairor expositionheld by a fair association 467 shall pay the license taxesnow or hereafterprovided by law.;468 However, ifin the eventthe association satisfies the 469 requirementsfully qualifies with all other provisionsof this 470 chapter, including securing the required fair permit from the 471 department, thetraveling show, exhibition, amusement472enterprise, carnival, vaudeville, minstrel, rodeo, theatrical,473game or test of skill, riding device, dramatic repertoire, or474other show or amusement(including a concession operating in a475tent, enclosure, or other temporary structure, whether covered476or uncovered)within the grounds of, and in connection with, any477suchfairor expositionis not required to pay any suchlicense 478 taxes and local business tax authorized in chapter 205 are 479 waived and the department shall issuetax, but shall operate480undera tax exemption certificateissued by the department. The 481 department shall adoptprescribethe proper forms and rules to 482 administerfor carrying out the purpose and intent expressed in483 this section, including the necessary tax exemption certificate, 484to 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,orother show or amusement, 489 or concession(including a concession operating in a tent,490enclosure, or other temporary structure, whether covered or491uncovered)has metin fullall requirements of this chapter and492accordinglyisfullyexempt. 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, occupational496 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,oragency, 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 annuala506 public fairor expositionor 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 or509amount,and by that false statement obtains that permit or 510 distribution,any part of that amount for himself or herself or511for any firm or corporation in which that person has a financial512interest, or for whom that person is acting,commits a 513 misdemeanor of the first degree, punishable as provided in s. 514 775.082 or s. 775.083. 515 Section 13. Section 616.14, Florida Statutes, is amended to 516 read: 517 616.14 Number of fairs; penalty.— 518 (1) A fair association may not conduct more than one annual 519 public fair each calendar year. Any fair association that 520 conducts more than one public fairor expositionduring 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 annuala524 public fairor expositionfor a period of 3 calendar years 525 shall, upon the recommendation of the department, have its 526 charter revoked by the court granting the charter. 527 Section 14. Section 616.15, Florida Statutes, is amended to 528 read: 529 616.15 Permit from Department of Agriculture and Consumer 530 Services required.— 531 (1) An annualNopublic fairor expositionmay 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 athepermit, signed by an officer of the association, at 536 least 3 months before holding the annual public fair. Theor537exposition;thisapplication shall be accompanied by a fee in an 538 amount to be determined by the departmentnot to exceed $366 or539be less than $183for processing the application and making any 540 required investigation. The application fee must be at least 541 $183 and may not exceed $366.TheFees 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 fairor547expositionat the same time the application is sent to the 548 department. The department may issue athepermit if the 549 applicant providesif the application sets forth: 550 (a) The opening and closing dates of the proposed annual 551 public fairor exposition. 552 (b) The name and address of the owner of the central 553 amusement attraction that willtooperate during the annual 554 public fairor exposition. 555 (c) An affidavit properly executed by the president or 556otherchief executive officer of the applicant association 557 certifying the existence of a binding contract entered into by 558 the associationor expositionand the owner of the central 559 amusement attraction covering the period for which the permit 560 from the department is applied. The contractor contracts561 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 publicthe proposedfair 566 andorexposition, 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 associationor expositionrepresents and serves. The statement 571 mustshall be in writing, shallbe subscribed,andshall be572 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 fairor575expositionto 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 asart 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 of584a fair and not to be construed as limiting the premium list to585these departments. The premium list, which may be submitted 586 separately from the application, must be submitted at leastat587any time not later than60 days beforethe holding ofthe annual 588 public fair begins operationor exposition, and the department589shall issue the permit as provided in this section within 10590days thereafter if the applicant is properly qualified. 591 (f) Proof of liability insurance insuring the association 592 against liability for injury to persons, in an amount of not 593 less than $300,000 per occurrence. 594 (g) A copy of the most recent review. 595 (h) A list of all current members of the board of directors 596 of the association and their contact information, including home 597 addressaddresses. 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 adoptis authorized to make and publishrules 606 to administer, not inconsistent withthis chapter, including 607 rules governingas tothe 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 ifwhether or notthe 613 fair association meetsin fullthe requirements of s. 616.01, 614 andaccordinglymay 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 fairor617exposition, as set forth in an application for a permit, will 618 compete with another annual public fairor expositionwithin 50 619 miles of the proposed annual public fairor expositionwith 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 626shall befinal. 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 annualNopublic fairor expositionconducted by a 631 fair association may not be approved by the department for a tax 632 exemption certificate unless the fair associationor exposition633 displays at least the followingminimumexhibits, but this634requirementmaynotbe construed as a limitation onthe number635of exhibits which the fairor expositionmay have: 636 (a) Three exhibits from 4-H Clubs or Future Farmers of 637 America chapters which are officially approved by those clubs or 638 chapters. 639 (b) Three exhibits of community, individual, or county farm 640 displays. 641 (c) Three exhibits of field crops in at least three 642 different crops. 643 (d) Three exhibits of horticultural products. 644 (e) Three culinary exhibits such as canned fruits, canned 645 vegetables, canned pickles or juices, jams, jellies, cakes, 646 bread, candies, or eggs. 647 (f) Three exhibits of household arts such as homemade 648 spreads, towels, luncheon sets, rugs, clothing, or baby apparel. 649 (g) Three exhibits of fruit or vegetable crops in at least 650 three different crops. 651 (h) Three exhibits of arts, crafts, photography, or 652 antiques or of scout handiwork. 653 (i) Three exhibits from home demonstration, home economics, 654 educational, religious, or civic groups. 655 (j) Three exhibits of livestock such as dairy cows, beef 656 cattle, hogs, sheep, poultry, horses, or mules. 657 (3) The department may provide a waiver to the minimum 658 exhibit requirements of this section to any fair association 659 that submits an application for the waiver to the department, at 660 least 3060days beforeprior tothe annual public fairor661expositionin 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 666or exposition; penalty; arrests.— 667 (1) For the purposes of this chapter,“trespass”upon the 668 grounds of the Florida State Fair Authority or any otherpublic669 fair associationor expositionpermitted 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 associationpublic fair or exposition673 permitted under s. 616.15 and committing any act thatwhich674 disrupts the orderly conduct of any authorized activity of the 675 fair associationorganizationin 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 associationor exposition, or any employee 682 or agent of the associationthereofdesignated 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 688publicfair associationor expositionor is disrupting the 689 orderly conduct of any authorized activity of the fair 690 associationorganizationin charge, or its lessees, licensees, 691 or the general public on those grounds or facilities. 692 (2) Any personfound guilty ofcommitting the offense of 693 trespass upon the grounds of the Florida State Fair Authority or 694 any otherpublicfair associationor expositionpermitted under 695 s. 616.15 commitsis guilty ofa misdemeanor of the second 696 degree, punishable as provided in s. 775.082 or s. 775.083. 697 (3) A law enforcementpeaceofficer 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 anypublicfair associationor expositionpermitted 702 under s. 616.15. Such an arrest doesshallnot render the law 703 enforcementpeaceofficer criminally or civilly liable for false 704 arrest, false imprisonment, or unlawful detention. 705 Section 17. Section 616.19, Florida Statutes, is amended to 706 read: 707 616.19 Designation of fairs.—Anypublicfair associationor708exposition heretofore or hereaftercreated pursuant to this 709 chapter shall be designated by the name stated in the permit 710 required or stated by its fair association and isshall be711 recognized by the state as equal in dignity to the Florida State 712 Fair and as fully recognized as the Florida State Fair. 713 Section 18. Section 616.21, Florida Statutes, is amended to 714 read: 715 616.21 Agricultural and livestock exhibit buildings; 716 conditions for expenditures.—No part ofAppropriated funds may 717 not be expended except upon approval and with the recommendation 718 of the department. Further, theno part of such anappropriation 719 may not be expended for the construction of a building unless 720and until a goodfee simple title to the land on which the 721 building is to be constructed is vested in the county, 722 municipality, or fair association for which the building is to 723 be constructed. 724 Section 19. Section 616.23, Florida Statutes, is amended to 725 read: 726 616.23 Use of buildings.—The buildings authorized by ss. 727 616.21-616.23 may be used by the county, municipality, or fair 728 association forwhich the buildings are built as agricultural or729livestock exhibition buildings forpublic fair or exposition 730 purposesin the promotion of the agricultural and livestock731industries. 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 eacheverystate 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.