Eligibility for Fair Permit, Application for Fair Permit, Fees for Fair Permit, Waiver of Minimum Exhibit Requirements
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
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39 No. 138, July 17, 2013 issue of the Florida Administrative Register.
THE FULL TEXT OF THE PROPOSED RULE IS:
5H-23.001 Eligibility for Fair Permit.
No changes.
Rulemaking Authority 570.07(23), 616.165 FS. Law Implemented 616.15 FS. History–New 8-17-93, Amended, .
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. 0508/13). 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 (850) 617-7380 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. 08/13), 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) Tax Exemption Certificate, FDACS-06117 (Rev. 05/13), http://flrules.org/Gateway/reference.asp?No=Ref-xxxxx.
(e) 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, 616.242 FS. History–New 8-17-93, Amended, .
5H-23.003 Fees for Fair Permit.
No changes.
Rulemaking Authority 570.07(23), 616.165 FS. Law Implemented 616.15 FS. History–New 8-17-93, Amended, .
5H-23.004 Waiver of Minimum Exhibit Requirements.
The department shall waive 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 days before the annual public fair. The fair association must show good cause 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. Law Implemented 616.17 FS. History–New 8-17-93, Amended, .
