5H-23.002. Application for Fair Permit

(1) For the purpose of this chapter, the definitions in Section 616.001, F.S., and the following shall apply. The terms “central amusement attraction” and “central amusement company” shall be used interchangeably. As used in Section 616.101, F.S., “officer of the county” shall be those provided for in article VIII, section 1(d) of the Florida Constitution.

(2) Each fair association desiring a fair permit shall apply to the department at least three months before the desired host date of the annual public fair by submitting a completed Application for Fair Permit, FDACS-06100, (Rev. 06/16). Fair associations must also submit the supplemental materials requested on the application. Item Two (2), Affidavit, FDACS-06101, (Rev. 08/13), shall only be submitted if the fair association is contracting with a central amusement company to operate during the annual public fair for which the permit is desired.

(3) The department shall issue a Fair Permit, FDACS-06118, (Rev. 05/13), for any fair association satisfying these application requirements and shall issue a Tax Exemption Certificate, FDACS-06117, (Rev. 05/13), to any central amusement company contracting with such fair associations.

(4) Section 616.15(3), F.S., allows the department to consider whether any proposed annual public fair will compete with another annual public fair within 50 miles of the proposed fair and to deny a permit application in such case; therefore, any fair association considering a date change for its annual public fair is encouraged to contact the department as soon as possible at [phone] to determine if the proposed date will create a conflict. In addition, by June 15 each year, each fair association shall submit to the department a Fair Data Sheet, FDACS-06111, (Rev. 05/13).

(5) The following documents are hereby adopted and incorporated by reference. Copies of these forms may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Marketing and Development, Suite 209, Mayo Building (M-37), Tallahassee, FL 32399-0800 or online as indicated.

(a) Application for Fair Permit, FDACS-06100, (Rev. 06/16), http://www.flrules.org/gateway/reference.asp?No=Ref-07782.

(b) Affidavit, FDACS-06101, (Rev. 05/13), https://www.flrules.org/gateway/reference.asp?No=Ref-03515.

(c) Fair Data Sheet, FDACS-06111, (Rev. 05/13), https://www.flrules.org/gateway/reference.asp?No=Ref-03518.

(d) Tax Exemption Certificate, FDACS-06117, (Rev. 05/13), https://www.flrules.org/gateway/reference.asp?No=Ref-03517.

(e) Fair Permit, FDACS-06118, (Rev. 05/13), https://www.flrules.org/gateway/reference.asp?No=Ref-03516.

Rulemaking Authority 570.07(23), 616.12, 616.165 FS. Law Implemented 616.11, 616.12, 616.15, 616.242 FS. History–New 8-17-93, Amended 2-13-14, 1-11-17.