The purpose of this rulemaking is to implement the amendments to Chapter 616, Florida Statutes, made during the 2012 legislative session (Chapter 2012-204, Laws of Florida). The effect will be various revisions to Rule 5H-23, Florida Administrative ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division Of Marketing and Development

Rule Nos.:Rule Titles:

5H-23.001Eligibility for Fair Permit

5H-23.002Application for Fair Permit

5H-23.003Fees for Fair Permit

5H-23.004Waiver of Minimum Exhibit Requirements

PURPOSE AND EFFECT: The purpose of this rulemaking is to implement the amendments to Chapter 616, Florida Statutes, made during the 2012 legislative session (Chapter 2012-204, Laws of Florida). The effect will be various revisions to Chapter 5H-23, Florida Administrative Code, including the Department’s fair permit application and tax exemption certificate.

SUMMARY: Rule changes address statutory language changes to Chapter 616 in the 2012 legislative session. Rules address permit requirements and fees, definition of terms, tax exemption certificate, and fair association reporting requirements.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or, if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(1)(b) or (2)(a), Florida Statutes. As part of this analysis, the Department relied on experience in rulemaking and estimates of potential increased operating costs relating to phone and mail services. The Department also relied on consultations with regulated entities and industry representatives. Any potential increase in regulatory costs related to the proposed rules will be far less than $200,000 in one year and will instead be nominal at best.

Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 570.07(23), 616.12, 616.15 FS.

LAW IMPLEMENTED: 616.001- 616.24 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Danny Raulerson, FDACS Chief of State Markets, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5H-23.001 Eligibility for Fair Permit.

Only fair associations fairs and expositions incorporated under the provisions of Chapter 616, F.S., shall may qualify for or receive a fair permit from the Department of Agriculture and Consumer Services issued by the Commissioner of Agriculture.

Rulemaking Authority 570.07(23), 616.165 FS. (1993). Law Implemented 616.15 FS. History–New 8-17-93, Amended_________.

 

(Substantial rewording of Rule 5H-23.002 follows. See Florida Administrative Code for present text.)

 

5H-23.002 Application for Fair Permit.

(1) For the purpose of this chapter, the definitions in Section 616.001, Florida Statutes, and the following shall apply. The terms “central amusement attraction” and “central amusement company” shall be used interchangeably. As used in Section 616.101, Florida Statutes, “officer of the county” shall be those provided for in article VII, 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. 05/13). Fair associations must also submit the supplemental materials requested on the application. Item Two (2), Affidavit, FDACS-06101 (Rev. 05/13) 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), Florida Statutes, 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, or samples if so indicated, 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. 05/13), http://flrules.org/Gateway/reference.asp?No=Ref-xxxxx.

(b) Affidavit, FDACS-06101 (Rev. 05/13), http://flrules.org/Gateway/reference.asp?No=Ref-xxxxx.

(c) Fair Data Sheet, FDACS-06111 (Rev. 05/13) , http://flrules.org/Gateway/reference.asp?No=Ref-xxxxx.

(d) Sample Tax Exemption Certificate, FDACS-06117 (Rev. 05/13), http://flrules.org/Gateway/reference.asp?No=Ref-xxxxx.

(e) Sample Fair Permit, FDACS-06118 (Rev. 05/13), http://flrules.org/Gateway/reference.asp?No=Ref-xxxxx.

Rulemaking Authority 570.07(23), 616.12, 616.165 FS. Law Implemented 616.11, 616.12, 616.15 FS. History–New 8-17-93, Amended_________.

 

5H-23.003 Fees for Fair Permit.

(1) Each application for a fair permit shall be accompanied by a fee, to be calculated based on attendance at the prior year’s annual public fair, as follows in the amount of:

(a) Two Hundred dollars ($200) – under 25,000 attendance;

(b) Two Hundred and seventy-five dollars ($275) – 25,000 to 100,000 attendance;

(c) Three Hundred and fifty dollars ($350) – over 100,000 attendance.

(2) Checks in payment of the fee shall be made payable to the Florida Department of Agriculture and Consumer Services (FDACS) and mailed to P. O. Box 6700 6720, Tallahassee, Florida 32314-6720.

Rulemaking Authority 570.07(23), 616.165 FS. (1993). Law Implemented 616.15 FS. History–New 8-17-93, Amended_________.

 

5H-23.004 Waiver of Minimum Exhibit Requirements.

The department shall waive with the concurrence of the Agriculture and Livestock Fair Council is authorized to provide a waiver to the minimum exhibit requirements of Section 616.17, F.S., for any fair association that submits, to the department, a written request for waiver at least 30 60 days before prior to the annual public fair or exposition. The fair association must show good Good cause must be shown by the applicant as to why the exhibit requirements cannot be met such as, but not limited to, the absence of local producers, products or activities in the exhibit list set out in Section 616.17, F.S.

Rulemaking Authority 570.07(23), 616.165 FS. (1993). Law Implemented 616.17 FS. History–New 8-17-93, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Susan Nardizzi, Director, Division of Marketing and Development

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: TBD

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 20, 2013