CHAPTER 616

616.001 Definitions. As used in this chapter, the term: (1) “Annual public fair” means a fair that is held and conducted by a fair association and permitted by the department pursuant to s. 616.15. (2) “Authority” means the Florida State Fair Authority. (3) “Concession” means use by a fair association, or a grant, lease, or license to a third party, of a portion of the land under the ownership, custody, or control of a fair association for specific uses, or the right to enter upon the land for specific purposes, such as providing rides, games, food, beverage, merchandise for sale, exhibits, projects, activities, events, programs, or other uses authorized in this chapter. (4) “Department” means the Department of Agriculture and Consumer Services. (5) “Entry” means one item entered for competition or show. An entry may constitute an exhibit, depending upon the regulations stated in the premium book. (6) “Exhibit” means one or more entries entered for exhibition and constituting a unit. An exhibit may consist of one or more entries, depending upon the regulations stated in the premium book. The term includes parades and displays of articles or a collection of articles, whether static, interactive, or dynamic, by a fair association or a third party contracting with a fair association, such as exhibits of animals, art, housewares, or motor vehicles. (7) “Exhibitor” means an individual, a group of individuals, or a business, including a fair association or third party contracting with a fair association, which has an exhibit. (8) “Fair association” or “association” means an association not for profit incorporated under this chapter for the purpose of conducting and operating public fairs or expositions. (9) “Public fair or exposition” means a project, activity, event, or program, and use by a fair association, including, but not limited to, the annual public fair, which serves the purposes specified in s. 616.08 and benefits and develops the educational, agricultural, horticultural, livestock, charitable, historical, civic, cultural, scientific, and other resources of this state, or any county, municipality, or other community in this state. (10) “Specialized show” means a show or an exhibition exhibiting and emphasizing livestock or poultry, or a fruit or vegetable festival, and must meet the minimum exhibit requirements specified in s. 616.17. (11) “State fair” means an annual public fair that serves the entire state. History. — s. 8, ch. 63-247; s. 2, ch. 81-318; ss. 1, 25, 26, ch. 83-239; s. 6, ch. 87-226; s. 94, ch. 92-291; ss. 1, 44, ch. 93-168; s. 25, ch. 96-231; s. 11, ch. 2000-272; s. 1, ch. 2012-204; s. 40, ch. 2026-3. 616.01 Requirements for proposed charter. Residents and qualified electors of the county in which the annual public fair is to be located, who wish to form an association not for profit for the purpose of conducting and operating public fairs or expositions, may become incorporated in the following manner. The applicant must submit the proposed charter to the department for review and approval or denial. If the proposed charter is denied, the department must provide the applicant with a letter sent to the mailing address provided on the proposed charter and include a complete listing of all deficiencies, if any, which must be remedied before resubmittal of the proposed charter for approval. If the proposed charter is approved, the applicant must sign and present a notarized copy of the proposed charter to the judge of the circuit court for the county in which the principal office of the association will be located. The proposed charter must specify: (1) The name of the association and the place where the principal office is to be located. The name of the association must include the word, “Inc.” (2) The general nature of the objectives and powers of the association, including a provision that the association is incorporated for the sole purpose of conducting and operating public fairs or expositions. (3) The qualifications and terms of association members and criteria for their admission and expulsion. Provision must be made in the charter for ex officio membership. (4) The time for which the association is to exist. (5) The name and residence of each subscriber. (6) Procedures for the election of and governance by officers, who may be elected or appointed. (7) The designation of officers who will manage the affairs of the association until the first election or appointment under the charter. (8) Procedures for the adoption, amendment, or rescission of bylaws of the association. (9) The highest amount of indebtedness or liability that may be accrued by the association. (10) The name of an elected member of the board of county commissioners of the county in which the principal office of the association will be located, who will serve as an ex officio member of the board of directors of the association. (11) The official e-mail address of the association which will be used for the purpose of official communication between the association and governmental entities. (12) The language for the oath that will be taken by the applicant, which must include, but is not limited to, all of the following: (a) That the primary objective of the association is for public service and to hold, conduct, and promote public fairs or expositions. (b) That money and other available assets in value exceeding $5,000 have been provided for purposes designated by the association. (c) That the association will operate in good faith to carry out the purposes and objectives set forth in the charter. History. — s. 1, ch. 7388, 1917; RGS 4517; CGL 6516; s. 1, ch. 57-796; s. 1, ch. 59-166; s. 2, ch. 81-318; ss. 4, 25, 26, ch. 83-239; ss. 2, 44, ch. 93-168; s. 2, ch. 2012-204; s. 41, ch. 2026-3. 616.02 Fair associations per county. (1) Beginning July 1, 2026, there may be only one incorporated fair association per county in this state, excluding the state fair, which may be incorporated and conducted in any county. The department may not approve a proposed charter incorporating a fair association within the same county in which a fair association currently exists. The department may waive this requirement at the discretion of the Commissioner of Agriculture. (2) Any fair association incorporated before July 1, 2026, may conduct public fairs or expositions and exercise the authority provided to them pursuant to this chapter. History. — s. 1, ch. 7388, 1917; RGS 4518; CGL 6517; s. 2, ch. 81-318; ss. 5, 25, 26, ch. 83-239; ss. 3, 44, ch. 93-168; s. 3, ch. 2012-204; s. 42, ch. 2026-3. 616.03 Approval and record of charter. Upon approval by the department, the proposed charter must be submitted to and approved by the board of county commissioners of the county in which the principal office of the association will be located. After approval by the board of county commissioners, the proposed charter and proof of approval must be submitted to the circuit judge. If no cause is shown to the contrary and the judge finds that the proposed charter is in proper form and will serve the primary objective of public service, the judge must approve the charter and issue an order incorporating the applicant under the charter for the objectives and purposes specified in the charter. The charter and order of incorporation must be recorded in the office of the clerk of the circuit court in the county where the principal office of the association will be located and provided to the department. After the order is recorded, the applicant and any associates are incorporated with the objectives and powers established in the charter and under the name given in the charter. This section does not preclude a fair association from also filing its duly approved charter with the Department of State pursuant to chapter 617 for notice purposes. History. — s. 1, ch. 7388, 1917; s. 1, ch. 17806, 1937; RGS 4519; CGL 6518; s. 1, ch. 63-247; ss. 14, 35, ch. 69-106; s. 2, ch. 81-318; ss. 6, 25, 26, ch. 83-239; ss. 4, 44, ch. 93-168; s. 4, ch. 2012-204; s. 43, ch. 2026-3. 616.04 Evidence of existence and contents of charter. A certified copy of the charter and decree of incorporation of a fair association shall be evidence of the contents of the charter in all actions and proceedings, and shall be conclusive evidence of the existence of the incorporated association in all actions and proceedings where the question of its existence is only collaterally involved, and prima facie evidence in all other actions and proceedings. History. — s. 2, ch. 7388, 1917; RGS 4520; CGL 6519; s. 2, ch. 81-318; ss. 25, 26, ch. 83-239; ss. 5, 44, ch. 93-168. 616.05 Amendment of charter. A fair association may propose an amendment to its charter by resolution as provided in its charter or bylaws. (1) The proposed amendment shall be submitted to the department for approval. (2) After the department approves the proposed amendment, it will be incorporated into the original charter upon: (a) Filing the order of the circuit judge approving the amendment with the office of the clerk of the circuit court and the department; and (b) Being recorded in the clerk’s office. If a fair association has filed its charter with the Department of State pursuant to chapter 617, a copy of any amendment to the charter must be filed with the Department of State for notice purposes. History. — s. 3, ch. 7388, 1917; RGS 4521; CGL 6520; s. 2, ch. 63-247; ss. 14, 35, ch. 69-106; s. 2, ch. 81-318; ss. 7, 25, 26, ch. 83-239; s. 7, ch. 87-226; ss. 6, 44, ch. 93-168; s. 17, ch. 99-391; s. 5, ch. 2012-204; s. 44, ch. 2026-3. 616.051 Dissolving a charter. (1) A fair association may dissolve its charter by resolution as provided in its charter or bylaws. The proposal for dissolving the charter shall be submitted to the department for approval. (2) Upon approval by the department and upon presentation of sufficient evidence demonstrating that all indebtedness has been paid and no claims are outstanding against the association, the circuit judge may, by decree, dissolve the association and order the distribution of its remaining assets. Such assets must be distributed, by resolution of the board of directors, to the county in which the principal office of the association is located unless otherwise specified by the deed of the property held by the association. History. — s. 1, ch. 29914, 1955; s. 2, ch. 81-318; ss. 8, 25, 26, ch. 83-239; ss. 7, 44, ch. 93-168; s. 6, ch. 2012-204; s. 45, ch. 2026-3. 616.06 Amount of indebtedness authorized. Any fair association may subject itself to indebtedness or liability in an aggregate sum not greater than the limit stated in its charter or any amendment thereto, without regard to the value of its property. Any fair association may also subject itself to specific bonded or mortgage indebtedness, in addition to and without regard to its general powers or limit as to indebtedness or liability. History. — s. 4, ch. 7388, 1917; RGS 4522; CGL 6521; s. 2, ch. 81-318; ss. 25, 26, ch. 83-239; ss. 8, 44, ch. 93-168. 616.07 Members not personally liable; property of association held in trust; exempt from taxation. (1) A member, officer, director, or trustee of a fair association is not personally liable for any of the debts of the association, and money or property of a fair association may not be distributed as profits or dividends among its members, officers, directors, or trustees. (2) All money and property of the association, except that necessary for the payment of its just debts and liabilities, are public property, shall be administered by the association as trustee, and shall be used exclusively for the legitimate purpose of the association. So long as they are used for that purpose, all money and property of the association are exempt from all forms of taxation, including special assessments, and any projects, activities, events, programs, and uses authorized by this part serve an essential governmental purpose and, therefore, are not taxable and are not subject to assessments. This subsection does not apply to chapter 212. History. — s. 5, ch. 7388, 1917; RGS 4523; CGL 6522; s. 2, ch. 29914, 1955; s. 1, ch. 57-745; s. 2, ch. 81-318; ss. 25, 26, ch. 83-239; ss. 9, 44, ch. 93-168; s. 18, ch. 99-391; s. 7, ch. 2012-204; s. 46, ch. 2026-3. 616.08 Additional powers of association. Each fair association shall hold, conduct, and operate public fairs and expositions, including an annual public fair. For that purpose, a fair association may buy, lease, acquire, and occupy lands and erect buildings and improvements of any kind on those lands; sell, mortgage, lease, license, or convey any such property or any part thereof, in its discretion, from time to time for the purpose of public fairs or expositions; charge and receive compensation for admission to those public fairs and expositions, and grant a lease or license or rent space for exhibits, concessions, and other purposes; conduct and hold public meetings; supervise and conduct lectures and demonstration work in connection with or for the improvement of agriculture, horticulture, stockraising and poultry raising, and all kinds of farming and related matters; hold exhibits of agricultural and horticultural products and livestock, poultry, equine, and other domestic animals; give certificates or diplomas of excellence; promote the progress of the geographical area it represents and serves and stimulate public interest in the advantages and development of that area by providing facilities for the benefit and development of the educational, agricultural, horticultural, livestock, equestrian, charitable, historical, civic, cultural, scientific, and other resources of the state, any county of the state, or any municipality or other community of any county of the state, including facilities for exhibits, concessions, industrial exhibitions, public gatherings, cultural activities, entertainment events, recreational vehicle parking, auctions, trade shows, concerts, and other functions that the association determines will enhance the educational, physical, economic, and cultural interests of the public; and generally do, perform, and carry out all matters, acts, and business usual or proper in connection with public fairs and expositions. This enumeration of particular powers does not diminish or limit any special provisions of the charter of the association for the regulation of its business, and the conduct of its affairs of creating, defining, limiting, and regulating the powers of the association or its officers or members. The treasurer or similar officer of the association shall give a good and sufficient bond with a surety company duly authorized under the laws of the state, payable to the association and in an amount equal to the value of the total amount of money and other property in that officer’s possession or custody, in addition to the value of any money and property of the association which may reasonably be expected to come into that officer’s possession or custody. A fair association organized under this chapter is a noncommercial activity provider. History. — s. 6, ch. 7388, 1917; RGS 4524; CGL 6523; s. 2, ch. 17806, 1937; s. 3, ch. 63-247; s. 2, ch. 81-318; ss. 25, 26, ch. 83-239; ss. 10, 44, ch. 93-168; s. 19, ch. 99-391; s. 8, ch. 2012-204. 616.09 Not authorized to carry on gambling, etc.; forfeiture of charter for violations; annulment proceedings. Nothing in this chapter shall be held or construed to authorize or permit any fair association to carry on, conduct, supervise, permit, or suffer any gambling or game of chance, lottery, betting, or other act in violation of the criminal laws of the state; and nothing in this chapter shall permit horseracing or dogracing or any other pari-mutuel wagering, for money or upon which money is placed. Any fair association which violates any such law or which knowingly permits the violation of any such law is subject to forfeiture of its charter; and if any citizen complains to the Department of Legal Affairs that the association was organized for or is being used as a cover to evade any of the laws of Florida against crime, and submits prima facie evidence to sustain the charge, the Department of Legal Affairs shall institute, and in due time prosecute to final judgment, such proceedings as may be necessary to annul the charter and incorporation of the association. A writ of injunction or other extraordinary process shall be issued by a court of competent jurisdiction on the application of the Department of Legal Affairs on complaint pending the annulment proceeding and in aid thereof, and the case shall be given precedence over all civil cases pending in that court and shall be heard and disposed of with as little delay as practicable. History. — s. 7, ch. 7388, 1917; RGS 4525; CGL 6524; s. 2, ch. 29737, 1955; s. 4, ch. 63-247; ss. 11, 35, ch. 69-106; s. 2, ch. 81-318; ss. 25, 26, ch. 83-239; ss. 11, 44, ch. 93-168. 616.101 Annual review of accounts and records; review of charter. (1) The accounts and records of a fair association whose annual public fair has an annual attendance of more than 25,000, based upon recorded attendance from the previous year, must be reviewed annually by a qualified accountant licensed by the state. A fair association whose annual public fair has an annual attendance of 25,000 or fewer, based upon recorded attendance from the previous year, or a fair association that is holding an annual public fair for the first time, must submit an annual financial statement that has been signed by an officer of the county. The results of the reviews must be kept in the official records of each association, available to all directors of the association. A certified copy of the review must be filed with the department: (a) On request by the department to certify expenditures of the premiums awarded to exhibitors of a fair or of building funds if there is evidence of a violation of state laws; or (b) When the association is applying for a fair permit. (2) A fair association shall, every 5 years beginning July 1, 2026, review its charter and submit to the department a certified copy of the charter which incorporates any amendment made during the last 5 years. A designated member of the association shall attest that the charter is accurate and factual when submitting the certified copy to the department. History. — s. 7, ch. 63-247; ss. 14, 35, ch. 69-106; s. 2, ch. 81-318; ss. 10, 25, 26, ch. 83-239; s. 5, ch. 85-62; ss. 14, 44, ch. 93-168; s. 1, ch. 94-297; s. 24, ch. 96-231; s. 9, ch. 2012-204; s. 47, ch. 2026-3. 616.11 Association authorized to contract with municipality, county, or state for use of land; admission fees; state, counties, and municipalities authorized to make contributions. Any fair association may enter into any contract, lease, or agreement with any municipality or county in the state or with the state or agency or subdivision of the state for the donation to or the use and occupation by the association of any land owned, leased, or held by the county or municipality or the state or agency or subdivision of the state during a time and on the terms approved by the county or municipality or the state or agency or subdivision, with the right of the association to use the property for public exposition purposes. The state, the Department of Transportation and any other agency or subdivision of the state, the board of county commissioners of any county within which the fair or exhibition is held, and the mayor and city council of any municipality within the county may also make contributions of money, property, or services to fair associations to assist in carrying out the purposes of the associations under this chapter. The state or any agency or subdivision of the state, boards of county commissioners of the various counties of the state, and the mayor and city council of any municipality within the county may expend such sums of money as they deem necessary for the best interests of their counties and in aiding the development of the educational, agricultural, horticultural, livestock, charitable, historical, civic, cultural, scientific, and any other resources of their counties at and in connection with public fairs and expositions, including the offering and paying of premiums for the exhibitions of resources of the state, county, or municipality. History. — s. 9, ch. 7388, 1917; RGS 4527; CGL 6526; s. 2, ch. 81-318; ss. 25, 26, ch. 83-239; ss. 15, 44, ch. 93-168; s. 10, ch. 2012-204. 616.12 Licenses upon certain shows; distribution of fees; exemptions. (1) Each person who operates any traveling show, exhibition, amusement enterprise, carnival, vaudeville, exhibit, rodeo, theatrical, game or test of skill, riding device, dramatic repertoire, other show or amusement, or concession, including a concession operating in a tent, enclosure, or other temporary structure, within the grounds of, and in connection with, any annual public fair held by a fair association shall pay the license taxes provided by law. However, if the association satisfies the requirements of this chapter, including securing the required fair permit from the department, the license taxes and local business tax authorized in chapter 205 are waived and the department shall issue a tax exemption certificate. The department shall adopt the proper forms and rules to administer this section, including the necessary tax exemption certificate, showing that the fair association has met all requirements and that the traveling show, exhibition, amusement enterprise, carnival, vaudeville, exhibit, rodeo, theatrical, game or test of skill, riding device, dramatic repertoire, other show or amusement, or concession is exempt. (2) Any fair association securing the required annual fair permit from the department is exempt from local business tax as defined by chapter 205, occupational permit fees, or any occupational taxes assessed by any county, municipality, political subdivision, agency, or instrumentality thereof. History. — s. 1, ch. 17759, 1937; CGL 1940 Supp. 6526(1); s. 2, ch. 57-796; s. 2, ch. 59-166; s. 5, ch. 63-247; ss. 14, 35, ch. 69-106; s. 1, ch. 81-297; s. 2, ch. 81-318; ss. 11, 25, 26, ch. 83-239; s. 6, ch. 85-62; ss. 16, 44, ch. 93-168; s. 11, ch. 2012-204; s. 74, ch. 2025-22. 616.121 Making false application. Any person who, with fraudulent intent, makes or causes to be made any false statement in an application for a permit to hold an annual public fair or in an application for distribution of the amount paid for license taxes under the provisions of this chapter, and by that false statement obtains that permit or distribution, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. History. — s. 3, ch. 57-796; s. 3, ch. 59-166; s. 638, ch. 71-136; s. 2, ch. 81-318; ss. 25, 26, ch. 83-239; ss. 17, 44, ch. 93-168; s. 74, ch. 97-102; s. 12, ch. 2012-204. 616.13 Restrictions on other amusement rides. A person may not engage in the business of providing temporary amusement rides, as defined in s. 616.242, within a 5-mile radius of and within 30 days before or during any public fair or exposition being operated by a fair association, when not operating in connection with that fair or exposition, except with the written consent of the affected fair association. History. — s. 3, ch. 17759, 1937; CGL 1940 Supp. 6526(2); s. 4, ch. 59-166; s. 2, ch. 81-318; ss. 12, 25, 26, ch. 83-239; ss. 18, 44, ch. 93-168; s. 4, ch. 98-133; s. 20, ch. 99-391. 616.14 Number of fairs; penalty. (1) A fair association may not conduct more than one annual public fair each calendar year. Any fair association that conducts more than one public fair during any one calendar year is subject to revocation of its charter by the court granting the charter. (2) Any fair association that does not conduct an annual public fair for a period of 3 calendar years shall, upon the recommendation of the department, have its charter revoked by the court granting the charter. History. — s. 2, ch. 17759, 1937; CGL 1940 Supp. 6526(3); s. 5, ch. 59-166; s. 2, ch. 81-318; ss. 13, 25, 26, ch. 83-239; ss. 19, 44, ch. 93-168; s. 13, ch. 2012-204. 616.15 Permit from Department of Agriculture and Consumer Services required. (1) An annual public fair may not be conducted by a fair association without a permit issued by the department. The association shall present to the department an application for a permit, signed by an officer of the association, at least 90 calendar days before holding the annual public fair. The application must be accompanied by a fee in an amount to be determined by the department for processing the application and making any required investigation. The application fee must be at least $183 and may not exceed $366. Fees collected under this subsection shall be deposited in the General Inspection Trust Fund of the State Treasury in a special account to be known as the “Agricultural and Livestock Fair Account.” A copy of the application must be sent to each fair association located within 50 miles of the site of the proposed annual public fair at the same time the application is sent to the department. The department may issue a permit if the applicant provides: (a) The opening and closing dates of the proposed annual public fair. (b) The name and address of the owner of the central amusement attraction that will operate during the annual public fair. (c) An affidavit properly executed by the president or chief executive officer of the applicant association certifying the existence of a binding contract entered into by the association and the owner of the central amusement attraction covering the period for which the permit from the department is applied. The contract between the parties must be available for inspection by duly authorized agents of the department in administering this chapter. (d) A copy of the association’s charter which incorporates all amendments made. (e) A premium list of the current annual public fair to be conducted and a copy of the previous year’s premium list showing all premiums and awards to be offered to exhibitors in various departments of the annual public fair, which may include, but are not limited to, art exhibition; beef cattle; county exhibits; dairy cattle; horticulture; swine; 4-H Club activities; Future Farmers of America activities; Family, Career and Community Leaders of America activities; poultry and egg exhibits; and community exhibits. The premium list, which may be submitted separately from the application, must be submitted at least 60 calendar days before the annual public fair begins operation. (f) A complete listing of all exhibits required pursuant to s. 616.17. The department shall issue the permit within 10 calendar days after it receives the information required by this subsection. (2) At least 21 calendar days before holding the annual public fair, the association shall present the department with all of the following information: (a) Proof of liability insurance insuring the association against liability for injury to persons, in an amount not less than $300,000 per occurrence. (b) A copy of the association’s most recent annual financial statement pursuant to s. 616.101. (c) A list of all current members of the board of directors of the association and their contact information, including mailing addresses. (3) The department shall administer and enforce this chapter except as to the regulation of games, which shall be regulated by local law enforcement agencies. The department shall adopt rules to administer this chapter, including rules governing the form and contents of the application for the permit and any reports that it deems necessary in enforcing the provisions of this chapter. (4) Notwithstanding any fair association meeting the requirements set forth in subsection (1), the department may order a full investigation to determine if the fair association meets the requirements of this part, and may withhold a permit from, deny a permit to, or withdraw a permit once issued to the association. The department shall also consider whether any proposed annual public fair, as set forth in an application for a permit, will compete with another annual public fair within 50 miles of the proposed annual public fair with respect to name, dates of operation, or market. The department may deny, withhold, or withdraw a permit from a fair association if the department determines that such fair association will compete with another association. The department shall give preference to existing fair associations with established dates, locations, and names. The determination by the department is final. History. — s. 4, ch. 57-796; s. 6, ch. 59-166; s. 2, ch. 61-119; s. 4, ch. 67-491; ss. 14, 35, ch. 69-106; s. 2, ch. 81-297; s. 2, ch. 81-318; ss. 14, 25, 26, ch. 83-239; s. 15, ch. 92-4; ss. 20, 44, ch. 93-168; s. 2, ch. 94-297; s. 21, ch. 99-391; s. 12, ch. 2000-272; s. 14, ch. 2012-204; s. 48, ch. 2026-3. 616.165 Rules. The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. History. — ss. 3, 26, ch. 83-239; ss. 41, 44, ch. 93-168; s. 196, ch. 98-200. Note. — Former s. 616.27. 616.17 Minimum exhibits. (1) An annual public fair conducted by a fair association may not be approved by the department for a tax exemption certificate unless the fair association displays at least the following exhibits: (a) Three exhibits from 4-H Clubs or Future Farmers of America chapters which are officially approved by those clubs or chapters. (b) Three exhibits of community, individual, or county farm displays. (c) Three exhibits of field crops in at least three different crops. (d) Three exhibits of horticultural products. (e) Three culinary exhibits such as canned fruits, canned vegetables, canned pickles or juices, jams, jellies, cakes, bread, candies, or eggs. (f) Three exhibits of household arts such as homemade spreads, towels, luncheon sets, rugs, clothing, or baby apparel. (g) Three exhibits of fruit or vegetable crops in at least three different crops. (h) Three exhibits of arts, crafts, photography, or antiques or of scout handiwork. (i) Three exhibits from home demonstration, home economics, educational, religious, or civic groups. (j) Three exhibits of livestock such as dairy cows, beef cattle, hogs, sheep, poultry, horses, or mules. (2) The provisions of subsection (1) do not apply to specialized livestock shows or fruit or vegetable festivals, the minimum exhibits of which shall be as follows: (a) Each specialized livestock show shall consist of at least 50 head of animals or 300 head of poultry. (b) Each specialized fruit, vegetable, or crop festival or exposition shall consist of at least 50 entries in the specialty, which shall occupy at least 1,000 square feet of display area. (3) The department may provide a waiver to the minimum exhibit requirements of this section to any fair association that submits an application for the waiver to the department, at least 30 days before the annual public fair in need of the waiver, and shows good cause why the requirements of this section cannot be met. (4) An authority or fair association as defined in this chapter that provides any of the exhibits set forth in subsection (1) or other exhibits or concessions, whether such exhibits or concessions are provided directly or through an agreement with a third party, is not subject to criminal penalties or civil damages arising out of the personal injury or death of any person, or property damage, resulting from such exhibits or concessions. This subsection does not apply if the personal injury, death, or property damage was due to an act or omission committed by the authority or fair association in bad faith, with malicious purpose, or with wanton and willful disregard of human rights, safety, or property. This subsection does not apply to third parties providing exhibits or concessions. History. — s. 8, ch. 59-166; ss. 14, 35, ch. 69-106; s. 3, ch. 81-297; s. 2, ch. 81-318; ss. 15, 25, 26, ch. 83-239; s. 7, ch. 85-62; ss. 21, 44, ch. 93-168; s. 60, ch. 2011-206; s. 15, ch. 2012-204. 616.185 Trespass upon grounds or facilities of public fair; penalty; arrests. (1) For the purposes of this chapter, trespass upon the grounds of the Florida State Fair Authority or any other fair association permitted under s. 616.15 means: (a) Entering and remaining upon any grounds or facilities owned, operated, or controlled by the Florida State Fair Authority or any other association permitted under s. 616.15 and committing any act that disrupts the orderly conduct of any authorized activity of the fair association in charge, or its lessees, licensees, or the general public on those grounds or facilities; or (b) Entering and remaining on those grounds or facilities after being directed not to enter or to leave them by the executive director of the authority, chief administrative officer of the fair association, or any employee or agent of the association designated by the executive director or administrator to maintain order on those grounds and facilities, after a determination by the executive director, administrator, employee, or agent that the entering or remaining on those grounds or facilities is in violation of the rules and regulations of the Florida State Fair Authority or permitted fair association or is disrupting the orderly conduct of any authorized activity of the fair association in charge, or its lessees, licensees, or the general public on those grounds or facilities. (2) Any person committing the offense of trespass upon the grounds of the Florida State Fair Authority or any other fair association permitted under s. 616.15 commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) A law enforcement officer may arrest any person on or off the premises, without a warrant, if the officer has probable cause for believing such person has committed the offense of trespass upon the grounds of the Florida State Fair Authority or any fair association permitted under s. 616.15. Such an arrest does not render the law enforcement officer criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. History. — s. 1, ch. 78-427; s. 2, ch. 81-318; ss. 25, 26, ch. 83-239; s. 152, ch. 91-224; ss. 40, 44, ch. 93-168; s. 16, ch. 2012-204; s. 60, ch. 2026-3. Note. — Former s. 616.266. 616.19 Designation of fairs. Any fair association created pursuant to this chapter shall be designated by the name stated in the permit required or stated by its fair association and is recognized by the state as equal in dignity to the Florida State Fair and as fully recognized as the Florida State Fair. History. — ss. 1, 2, ch. 61-513; s. 2, ch. 81-318; ss. 16, 25, 26, ch. 83-239; ss. 22, 44, ch. 93-168; s. 17, ch. 2012-204. 616.21 Agricultural and livestock exhibit buildings; conditions for expenditures. Appropriated funds may not be expended except upon approval and with the recommendation of the department. Further, the appropriation may not be expended for the construction of a building unless fee simple title to the land on which the building is to be constructed is vested in the county, municipality, or fair association for which the building is to be constructed. History. — s. 2, ch. 29832, 1955; s. 1, ch. 59-367; s. 2, ch. 61-119; s. 2, ch. 63-393; ss. 3, 14, 35, ch. 69-106; s. 1, ch. 71-2; s. 260, ch. 71-377; s. 207, ch. 77-104; s. 17, ch. 77-108; s. 4, ch. 78-323; ss. 4, 5, 6, ch. 81-297; s. 2, ch. 81-318; s. 1, ch. 82-46; ss. 17, 24, 25, 26, ch. 83-239; s. 7, ch. 85-75; s. 95, ch. 92-291; ss. 23, 44, 45, ch. 93-168; s. 2, ch. 97-93; s. 75, ch. 97-102; s. 38, ch. 97-307; s. 13, ch. 2000-272; s. 18, ch. 2012-204. Note. — Former s. 603.21. 616.22 Exhibit buildings; matching funds for construction or repair. In the construction or repair of buildings as authorized by any annual appropriation, the money to be expended therefor from the appropriation shall be matched in an equal amount by the county, municipality, or fair association for which the buildings are to be constructed or repaired. The amount to be paid by the county, municipality, or fair association for the construction or repair shall be made available before the construction or repair is begun. In no event may an amount greater than $25,000 be expended from the appropriation for the construction or repair of exhibit buildings for any one county, municipality, or fair association, from funds appropriated for that purpose; however, any amount not greater than $25,000 may be expended from the appropriation for the construction or repair of exhibit buildings for any one county, municipality, or fair association from the unexpended balance of any appropriation regardless of the amount previously expended under any other legislative appropriation for that one county, municipality, or fair association. History. — s. 3, ch. 29832, 1955; s. 2, ch. 59-367; s. 3, ch. 63-393; s. 207, ch. 77-104; s. 2, ch. 81-318; ss. 18, 25, 26, ch. 83-239; ss. 24, 44, ch. 93-168. Note. — Former s. 603.22. 616.23 Use of buildings. The buildings authorized by ss. 616.21-616.23 may be used by the county, municipality, or fair association for public fair or exposition purposes. These buildings may be used as office space for agricultural agents; however, no more than 20 percent of the buildings may be so used. History. — s. 4, ch. 29832, 1955; s. 3, ch. 59-367; s. 4, ch. 63-393; s. 2, ch. 81-318; ss. 19, 25, 26, ch. 83-239; ss. 25, 44, ch. 93-168; s. 19, ch. 2012-204. Note. — Former s. 603.23. 616.24 Enforcement. (1) The department shall administer and enforce the provisions of this chapter and the rules adopted pursuant thereto. (2) It is the duty of each state attorney, law enforcement officer as defined by chapter 943, and other appropriate county or municipal officer to enforce this chapter and the rules adopted pursuant thereto and to assist the department and its inspectors and agents in the enforcement of this chapter and the rules adopted pursuant thereto. (3) The department may commence and maintain any necessary and proper action for the following purposes: (a) To enforce this chapter and the rules adopted pursuant thereto. (b) To seek to enjoin any violation of this chapter or any rule adopted pursuant thereto. The circuit court may, after a hearing and for good cause shown, temporarily or permanently enjoin any person from violating this chapter or any rule adopted pursuant thereto or failing to comply with the requirements of this chapter or any rule adopted pursuant thereto. History. — ss. 2, 26, ch. 83-239; s. 96, ch. 92-291; ss. 42, 44, ch. 93-168; s. 20, ch. 2012-204. Note. — Former s. 616.28. PART II TRADE AND SAFETY STANDARDS 616.241 Trade standards for operation at public fairs and expositions. 616.242 Safety standards for amusement rides. 616.241 Trade standards for operation at public fairs and expositions. Trade standards for the operation of shows or games in connection with public fairs and expositions are as follows: (1) APPROVAL OF SHOWS. — The approval of all shows will be left to the discretion of the fair management. (2) WALK-THROUGH SHOW. — When donations are accepted, a sign to that effect shall be plainly posted at the entrance to the show. (3) SPECIFICATIONS FOR TICKET OR CHANGE BOOTH. — The counter of the ticket or change booth patronized by children may not be more than 4 feet above the ground. (4) PROTECTION TO FAIR PATRONS. — In order to provide adequate protection to fair patrons, for any motor dome show or any other similar show, in which equipment is used as a ballyhoo or for any other purpose, there shall be a barrier, guardrail, or chain of sufficient strength or height to prevent any equipment out of control from leaving the platform. (5) GAME REGULATIONS. — The operator of a game at any public fair or exposition, before and during operation, must have and keep in a conspicuous place a sign stating the cost of a play and an explanation of how the game is played. The lettering on signs shall be plain and may not be less than 2 inches in height. Signs or placards shall be of permanent material so they can be used from one fair to the next. The game shall be closed until compliance with the regulation is provided. (6) CAPITAL PRIZE. — Prizes shall be left to the discretion of the fair management; however, a capital prize must be given. No operator is permitted to display merchandise of any type which is not one of the prizes possible to be won. Each prize shall be so marked that any player may know in advance what is required to win any one of the prizes displayed. No flash display is permitted. (7) OPERATORS OF GAMES REGULATED. — The operator of a game must work inside of the concession at all times except in a concession for which the operator has secured permission from the management to work on the outside, not over 4 feet from the barrier and only in front of the operator’s own game. (8) FALSE ADVERTISING. — False advertising by banner or word-of-mouth or otherwise is prohibited. (9) VIOLATIONS; REPORTING. — Florida law forbids lotteries, gambling, raffles, and other games of chance at community, county, district, state, regional, or interstate fairs and specialized shows. Enforcement is the responsibility of local boards and authorities. (10) PARTICULAR GAMES. — The department shall prescribe by rule the particular games which may be exhibited at a public fair or exposition. Such rules shall include the operating standards and procedures to be used for all authorized games. (11) CONCESSIONAIRES GENERALLY. — All concessionaires are prohibited from exhibiting at any public fair or exposition any game which has not been authorized by rule of the department. History. — s. 6, ch. 63-247; ss. 1-3, ch. 67-491; ss. 14, 35, ch. 69-106; s. 2, ch. 81-318; ss. 9, 25, 26, ch. 83-239; s. 5, ch. 85-63; s. 1, ch. 86-164; s. 1, ch. 89-111; s. 5, ch. 91-178; s. 93, ch. 92-291; ss. 12, 44, ch. 93-168. Note. — Former s. 616.091. 616.242 Safety standards for amusement rides. (1) OWNER AND MANAGER RESPONSIBILITIES. — The owner and the manager of an amusement ride, and each amusement ride, must meet at all times the requirements of this section and any rules adopted hereunder. (2) SCOPE. — This section applies to all amusement rides within this state unless exempt under subsection (11). (3) DEFINITIONS. — As used in this section, the term: (a) “Amusement ride” means any building, structure, or mechanical device or combination thereof through which a patron moves, walks, or is carried or conveyed on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of giving its patrons amusement, pleasure, thrills, or excitement. (b) “Amusement ride event” means an event where an amusement ride is operated at a specific location and date as listed on an annual permit application or on a temporary amusement ride permit application. (c) “Annual permit” means the United States Amusement Identification Number and the decal issued by the department, which signify that the permanent amusement ride has been permitted by the department. (d) “Bungy operation” means an amusement ride that uses as a component a bungy cord, which is an elastic rope made of rubber, latex, or other elastic-type materials, whether natural or synthetic. (e) “Go-kart” means an amusement ride vehicle controlled or driven by patrons and specifically designed for and run on a fixed course. (f) “Kiddie ride” means an amusement ride designed primarily for use by patrons up to 12 years of age. (g) “Kiddie train” means a train designed as a kiddie ride which is operated on a flat surface or flat track, carries no more than 14 patrons, and does not exceed a speed of 3 miles per hour. (h) “Major modification” means any change in the structural characteristics, operational characteristics, or safety systems of an amusement ride which will alter its performance or settings from those specified in the manufacturer’s design criteria or operator’s manual. (i) “Manager” means a person having possession, custody, or managerial control of an amusement ride, whether as owner, lessee, agent, operator, attendant, or otherwise. (j) “Nondestructive testing” is the development and application of technical methods, including, but not limited to, radiographic, magnetic particle, ultrasonic, liquid penetrant, electromagnetic, neutron radiographic, acoustic emission, visual, and leak testing, to examine materials or components in ways that do not impair their future usefulness and serviceability in order to detect, locate, measure, and evaluate discontinuities, defects, and other imperfections; to assess integrity, properties, and composition; and to measure geometrical characters. (k) “Owner” means the person exercising ultimate dominion and control over an amusement ride. (l) “Patron” means any person who is in the immediate vicinity of an amusement ride, getting on or off, or entering or exiting an amusement ride, or using an amusement ride. The term does not include employees, agents, or servants of the owner while they are engaged in the duties of their employment. (m) “Permanent amusement ride” means an amusement ride that is not regularly relocated. (n) “Permanent facility” means a location or place from which amusement rides are not regularly relocated and at which such rides operate as a lasting part of the premises. (o) “Private event” means an event that is not open to the general public and for which admission is not charged. (p) “Professional engineer” means a person who holds a valid license as a professional engineer issued by the Department of Business and Professional Regulation or by an equivalent licensing body in another state. (q) “Qualified inspector” means an employee or agent of an insurance underwriter of an amusement ride who documents to the department in a manner established by department rule the following qualifications: 1. A minimum of 5 years’ experience in the amusement ride field, at least 2 years of which were involved in actual amusement ride inspection with a manufacturer, government agency, park, carnival, or insurance underwriter; 2. The completion of 32 hours per year of continuing education at a school approved by department rule, which includes inservice industry or manufacturer updates and seminars; and 3. At least 80 hours of formal education during the past 5 years from a school approved by department rule for amusement ride safety. Nondestructive-testing training, as determined by department rule, may be substituted for up to one-half of the 80 hours of education. (r) “Ride commissioning and certification report” means a commissioning and certification report by the ride manufacturer which certifies that the ride has been designed and manufactured in conformance with the manufacturer’s design criteria, standards referenced in this section, and rules adopted by the department. (s) “Simulator” means any amusement ride that is a self-contained unit requiring little or no assembly and that uses a motion picture simulation, along with a mechanical movement, to simulate activities that provide amusement or excitement for the patron. (t) “Temporary amusement ride” means an amusement ride that is regularly relocated, with or without disassembly. (u) “Temporary amusement ride permit” means the United States Amusement Identification Number and the decal issued by the department, which signify that the temporary amusement ride has been permitted by the department. (v) “Water park” means a permanent facility with one or more amusement rides that totally or partially immerse a patron in water. (4) ADOPTION OF STANDARDS; RULES. — (a) The department shall adopt by rule standards for amusement rides which are the same as or similar to the following national standards: 1. ASTM International Committee F24 Standards on Amusement Rides and Devices. 2. The National Electric Code Handbook. 3. National Fire Protection Association standards. (b) The department may adopt rules necessary to effectuate the statutory duties of the department in the interest of the public health, safety, and welfare and to promote patron safety in the design, construction, assembly, disassembly, maintenance, and operation of amusement rides in this state. (c) The Legislature finds that go-karts, amusement rides at water parks, and bungy operations are amusement rides that, because of their unique nature, pose safety risks to patrons distinct from other amusement rides. Therefore, the department shall adopt rules regulating their safe use and operation and establish safety standards and inspection requirements in addition to those required by this section or other department rule. (d) The Legislature finds that, as a result of accidents or other unforeseen events, circumstances may arise requiring additional safety standards for the protection of patrons of amusement rides. Therefore, the department may adopt rules to address the circumstances that may arise following an accident or unforeseen event. (5) PERMANENT AMUSEMENT RIDE ANNUAL PERMIT. — (a) A permanent amusement ride may not be operated without a current annual permit. (b) To apply for an annual permit, an owner or manager must submit to the department a written application on a form prescribed by department rule, which must include all of the following: 1. The legal name, address, e-mail address, and primary place of business of the owner or manager. 2. A description, manufacturer’s name, serial number, model number, and, if previously assigned, the United States Amusement Identification Number of the amusement ride. 3. A valid certificate of insurance for each amusement ride. 4. An annual affidavit of compliance and nondestructive testing certifying that the amusement ride was inspected in person by the affiant and that the amusement ride is in conformance with the requirements of this section and all applicable department rules. The affidavit must have been executed by a professional engineer or a qualified inspector within the last calendar year. 5. At no cost to the department, an electronic copy of the manufacturer’s current recommended operating instructions, the owner’s operating fact sheet, and any written bulletins concerning the safety, operation, or maintenance of the amusement ride. 6. Beginning July 1, 2023, a ride commissioning and certification report for each permanent amusement ride operated for the first time in this state after July 1, 2023. (c) An annual permit application must be received by the department at least 15 days before the planned opening date. If an application is received less than 15 days before the planned opening date or less than 15 days before the expiration of the previous permit, the department may inspect the amusement ride and charge a penalty as established by department rule. (d) An annual permit must be issued by the department to the owner or manager of an amusement ride when a completed application has been received, the amusement ride has passed the department’s inspection, and all applicable fees, as set by department rule, have been paid. (e) The annual permit is valid for 1 year after the date of issue and is not transferable. (f) The annual permit must be displayed in an accessible location on the amusement ride. (g) Each go-kart track at the same permanent facility is considered a separate amusement ride. (h) Amusement rides at water parks which operate from the same deck or level are considered one amusement ride. (6) TEMPORARY AMUSEMENT RIDE PERMIT. — (a) A temporary amusement ride may not be operated without a current permit. (b) To apply for a permit, an owner or manager must submit to the department a written application on a form prescribed by department rule. The written application must include all of the following: 1. The legal name, address, e-mail address, and primary place of business of the owner or manager. 2. A description, manufacturer’s name, serial number, model number, and, if previously assigned, the United States Amusement Identification Number of the amusement ride. 3. A valid certificate of insurance for each amusement ride. 4. An affidavit of compliance and nondestructive testing certifying that the amusement ride was inspected in person by the affiant and that the amusement ride is in conformance with the requirements of this section and all applicable department rules. The affidavit must be executed by a professional engineer or a qualified inspector. 5. At no cost to the department, an electronic copy of the manufacturer’s current recommended operating instructions, the operating fact sheet, and any written bulletins concerning the safety, operation, or maintenance of the amusement ride. (c) A temporary amusement ride permit application must be received by the department each time the amusement ride is relocated, with or without disassembly, at least 14 days before the date of the ride’s first intended use at the new location. If the permit application is received less than 14 days before the date of the ride’s first intended use at the new location, the department may inspect the amusement ride and charge a penalty, as set by department rule. (d) The department must issue a permit to the owner or manager of an amusement ride when a completed application has been received, the amusement ride has passed the department’s inspection, and all applicable fees, as set by department rule, have been paid. (e) The permit is valid for 6 months after the date of issue or until the ride is relocated, with or without disassembly, and is not transferable. (f) A temporary amusement ride is exempt from the required permit if it is: 1. Used at a private event and was issued a permit within the preceding 6 months; or 2. A kiddie ride used at a public event, provided that not more than three amusement rides are at the event, the kiddie rides at the event do not exceed a capacity of 12 persons, and the kiddie ride passed a department inspection and was issued a permit within the preceding 6 months. Unless the capacity of the ride has been determined and specified by the manufacturer, the department shall determine the capacity of the kiddie ride by rule. An owner or a manager of a kiddie ride operating under this exemption is responsible for ensuring that not more than three amusement rides are operated at the event. (g) The permit must be displayed in an accessible location on the amusement ride. (7) NONDESTRUCTIVE TESTING; ANNUAL AFFIDAVIT; EXEMPTIONS. — (a) An owner or manager may not operate an amusement ride unless the owner or manager at all times has a current affidavit of nondestructive testing from a professional engineer or qualified inspector that the amusement ride has undergone nondestructive testing to verify the integrity of all components at least annually. The nondestructive testing must be conducted more often than annually if required by any rule adopted under this section, by the manufacturer of the amusement ride, or by the professional engineer or qualified inspector executing the affidavit of nondestructive testing. The nondestructive testing must consist at least of visual nondestructive testing, as well as nonvisual nondestructive testing, which must be conducted on the components of the amusement ride as required by any rule adopted under this section, by the manufacturer of the amusement ride, or by the professional engineer or qualified inspector executing the affidavit of nondestructive testing. (b) Nonvisual nondestructive testing must be used to verify the integrity of components that, due to their design, location, installation, or a combination thereof, cannot be adequately evaluated by other means. (c) Nondestructive testing must be performed by a technician who meets the requirements prescribed by department rule. (d) An affidavit of nondestructive testing, on a form prescribed by department rule, must state, at a minimum, all of the following: 1. That the amusement ride was inspected in person by the affiant. 2. That all of the manufacturer’s nondestructive testing requirements and recommendations are current. 3. That the nondestructive testing was performed by a qualified nondestructive testing technician. 4. The components of the amusement ride for which the manufacturer has recommended or required nondestructive testing. 5. The type of nondestructive testing required or recommended by the manufacturer. 6. The frequency of the nondestructive testing required or recommended by the manufacturer. 7. The components of the amusement ride for which the affiant, in addition to the manufacturer’s requirements and recommendations, has recommended or required nondestructive testing. 8. The type of nondestructive testing required or recommended by the affiant in addition to the manufacturer’s requirements and recommendations. If the affiant does not require or recommend additional nondestructive testing, the affiant must affirm that the manufacturer’s requirements are sufficient for the safe operation of the amusement ride. 9. The frequency of the nondestructive testing as required or recommended by the affiant. 10. That visual nondestructive testing is adequate for the amusement ride to be in conformance with the requirements of this section and all applicable rules, if only visual nondestructive testing is required by the manufacturer or the affiant. 11. That the amusement ride is in conformance with the requirements of this section and all applicable department rules. 12. Whether the amusement ride has undergone a major modification and, if so, the name of the manager, owner, or operator who authorized the modification and the date the modification took place. 13. That the amusement ride and its components are in conformance with all applicable service life requirements specified by the manufacturer. (e) Nonvisual nondestructive testing is not required for fun houses, houses of mirrors, haunted houses, mazes, wave pools, wave-making devices, kiddie pools, slides that are fully supported by an earthen mound, nonmotorized playground equipment that requires a manager, or lazy-river-type nonmotorized floating carriers propelled by water. (8) DEPARTMENT INSPECTIONS. — (a) In order to obtain an annual or a temporary amusement ride permit, an amusement ride must be inspected by the department. The department shall inspect permanent amusement rides 6 months after the issuance of the annual permit. The required inspection may be waived for a permanent amusement ride if it was inspected and certified by an accredited trade organization as defined by department rule. (b) Inspections must be assigned on a first-come, first-served basis, and overflow requests must be scheduled on the closest date to the date for which the inspection was requested. (c) Upon failure of an amusement ride to pass any department inspection, the owner or manager may request reinspection, which must be submitted in writing to the department on a form prescribed by department rule. The department shall reinspect the amusement ride as soon as practicable after receipt of the written request for reinspection and any applicable reinspection fees set by department rule. Inspections must be assigned on a first-come, first-served basis, and the overflow requests must be scheduled on the closest date to the date for which the inspection was requested. (d) If the owner or manager fails to timely cancel a scheduled inspection, requests holiday or weekend inspections, or is required to have a replacement USAID plate issued by the department, the owner or manager may be charged an appropriate fee to be set by department rule. (e) In order to align inspection dates at permanent facilities, the department may shorten or exte