reglab/statecodes huggingface dataset:
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-15 - PUBLIC VENDUE OF THOROUGHBRED HORSES › Section 5H-15.003 - Application, Financial Responsibility, Fees and License

Current through Reg. 50, No. 138; July 16, 2024
(1) Application.
(a) The sales organization shall make
				application to the department for license for public vendue of thoroughbred
				horses at least 2 months prior to the date on which the sale is to be
				conducted. Such application shall specify the name and address of applicant and
				date, location and class of the sale.
(b) The sales organization shall furnish on
				request an estimate of the minimum value of animals to be entered in the
				sale.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-15 - PUBLIC VENDUE OF THOROUGHBRED HORSES › Section 5H-15.004 - Sales Facilities

Current through Reg. 50, No. 138; July 16, 2024
The sales organization shall be required to clean and
				  disinfect all pens, stalls, chutes and alleyways of the sales facility
				  immediately prior to the date of the sale and before any animals shall be
				  received at the sales facility. The sales organization shall furnish the
				  necessary facilities for housing animals entered in the sale and an adequate
				  water supply. It shall be the responsibility of the owner to arrange for the
				  handling and care of his animals while housed at the sales
				  facility.
Rulemaking Authority 535.02 FS. Law Implemented 535.02
					 FS.
New 10-23-85, Formerly
					 5H-15.04.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-16 - AGRICULTURAL MARKETING FACILITIES › Section 5H-16.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule is to establish procedures to be
				  used to enter into contracts for construction or renovation of buildings or
				  structures located on agricultural marketing facilities.
Rulemaking Authority 570.53(7) FS. Law Implemented
					 570.53(7) FS.
New 12-31-91.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-16 - AGRICULTURAL MARKETING FACILITIES › Section 5H-16.002 - Letter of Intent

Current through Reg. 50, No. 138; July 16, 2024
Any person leasing premises at an agricultural marketing
				  facility interested in constructing or renovating a building or structure at
				  the facility shall first obtain from the Department and review the standard
				  format for an Amendment to Lease and Agreement, described herein and in Rule
				  5H-16.003, F.A.C., which must be
				  prepared and executed prior to commencement of construction. After such review
				  and if the form is acceptable, then such person shall then submit a Letter of
				  Intent to fund the project. The Letter of Intent is a request for permission to
				  construct such improvement(s) and shall contain that person's personal and
				  business identity, address, telephone number, type of business, description of
				  kind of use of improvement, conceptual drawing of the proposed improvement(s);
				  and the source, or sources, of funding, all in form and substance acceptable to
				  the Department.
Rulemaking Authority 570.53(7) FS. Law Implemented
					 570.53(7) FS.
New 12-31-91.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-16 - AGRICULTURAL MARKETING FACILITIES › Section 5H-16.003 - Amendment to Lease and Agreement

Current through Reg. 50, No. 138; July 16, 2024
Upon review and approval of the Letter of Intent by the
				  Department, the Amendment to Lease and Agreement to be executed by the
				  Department and tenant will be prepared by the Department in final form to be
				  executed by both parties. The Amendment to Lease and Agreement must allow the
				  tenant a sufficient lease term extension, not to exceed ten years, to make the
				  project financially feasible, be in the best interests of the Department, and
				  contain all lease amendments and contractual provisions related to construction
				  or renovation required by the Department.
Rulemaking Authority 570.53(7) FS. Law Implemented
					 570.53(7) FS.
New 12-31-91.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-17 - FLORIDA AGRICULTURAL PROMOTION CAMPAIGN › Section 5H-17.001 - Purpose; Establishment of Campaign (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 571.24(9) FS. Law Implemented 571.22,
					 571.24 FS.
New 6-22-92, Repealed
					 2-8-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-17 - FLORIDA AGRICULTURAL PROMOTION CAMPAIGN › Section 5H-17.003 - Adoption of the Florida Agricultural Promotional Campaign Identifiers

Current through Reg. 50, No. 138; July 16, 2024
(1) The Identifiers are emblems designed,
				determined, and adopted as identifiers for use in advertising, publicizing and
				promoting the sale of Florida agricultural products. The Identifiers are
				available for use in marketing Florida agricultural products only by persons or
				companies who are "Fresh From Florida" members and comply with the provisions
				of this chapter.
(2) The "Fresh
				From Florida" Identifier is eligible for use on items that are unprocessed
				Florida Agricultural products. In addition, Florida agricultural products in
				the following categories must meet the specified criteria in order to use the
				"Fresh From Florida" Identifier:
(a)
				Meats/Proteins: the agricultural product must be derived from animals born,
				raised and finished in Florida. Slaughter and processing must take place in a
				USDA inspected facility in Florida or within 21 days of exiting the state of
				Florida en route directly to a USDA inspected slaughter facility, and must
				comply with USDA labeling guidelines. The following USDA labeling guidelines
				are hereby incorporated by reference and available online at:
1. 9 CFR 317, January 1, 2016,
http://www.flrules.org/Gateway/reference.asp?No=Ref-07775
.
2. 9 CFR 381, January 1, 2016,
http://www.flrules.org/Gateway/reference.asp?No=Ref-07776
.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-17 - FLORIDA AGRICULTURAL PROMOTION CAMPAIGN › Section 5H-17.004 - Use of the Identifiers; Deposit of Funds

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall use the Identifiers
				adopted herein without meeting the requirements established in Rule
				5H-17.005, F.A.C.
(2) Identifiers shall not be used on product
				packaging, promotional advertisements, websites, banners or business signage,
				that are profane, vulgar, racist, hateful or that meet the definition of
				obscene as set forth in Section
				847.001(12),
				F.S.
(3) The Identifiers are
				eligible for use as gum labels attached to the product or product containers,
				printed on containers, incorporated in private product packaging, stamped
				directly on the products, printed on ribbons or bands attached, printed on
				shipping containers, displayed on business vehicles, websites, banners and
				signage at business locations or used on menus and in print/digital media or
				promotional materials and advertising.
(4) Reproduction of the Identifiers shall be
				made only from the artwork supplied by the department.
(5) Any Florida agricultural product which
				meets the criteria established in Rule
				5H-17.003, F.A.C., is eligible
				for inclusion within the Campaign.
(6) All monies received by the department
				from the sale of media/promotional advertising materials that incorporate the
				Identifiers shall be deposited into the Florida Agricultural Promotional
				Campaign Trust Fund.
(7)
				Terminology that suggests endorsement by the department such as "endorsed,"
				"exclusive," "certified," and "preferred" may not be used while promoting
				affiliation with the "Fresh From Florida" brand.
Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented
					 571.24, 571.26 FS.
New 6-22-92, Amended
					 2-8-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-17 - FLORIDA AGRICULTURAL PROMOTION CAMPAIGN › Section 5H-17.005 - Participant Registration; Application Forms; Types of Membership; Renewal

Current through Reg. 50, No. 138; July 16, 2024
(1) Registration. Prospective Campaign
				participants must apply to the department on the form adopted in subsection (5)
				of this rule, pay the membership fee as provided in subsection (3) of this
				rule, if applicable, and agree to abide by the the Identifier use criteria
				established in Rules 5H-17.003 and
				5H-17.004, F.A.C.
(2) Renewal. Each registrant shall renew
				membership annually on the anniversary date of original registration by
				submitting the renewal form adopted in subsection (5) of this rule, and the
				annual membership fee of $50.
(3)
				Types of Membership.
(a) Paid Membership. Must
				submit a $50 membership fee with the application.
1. Producer
2. Broker
3.
				Shipper/Distributor/Packer/Repacker
4. Wholesaler
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-17 - FLORIDA AGRICULTURAL PROMOTION CAMPAIGN › Section 5H-17.006 - Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) The department may impose one or more of
				the following penalties against any person who violates any of the provisions
				of the Florida Agricultural Promotional Campaign Act or this rule chapter:
(a) Issuance of a warning letter.
(b) Imposition of an administrative fine in
				the Class I category pursuant to Section
				570.971, F.S., per violation for
				a first-time offender.
(c) For a
				second-time offender or a person who is shown to have willfully and
				intentionally violated this part or any rules adopted under this part, the
				administrative fine shall be in the Class II category pursuant to Section
				570.971, F.S., for each
				violation.
(d) The term "each
				violation" means each incident in which a logo of the Florida Agricultural
				Promotional Campaign has been used, reproduced, or distributed in any manner
				inconsistent with this part or the rules adopted under this part.
(e) Revocation or suspension of program
				membership.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-17 - FLORIDA AGRICULTURAL PROMOTION CAMPAIGN › Section 5H-17.007 - Acquisition Procedures for Purchasing Services Directly Related to the Campaign (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 571.27 FS. Law Implemented 571.27
					 FS.
New 6-22-92, Repealed
					 2-8-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-19 - ORGANIC FARMING › Section 5H-19.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority 504.32 FS. (1993). Law Implemented
					 504.23 FS. (1993).
New 10-17-91, Amended 6-4-95, Repealed
					 7-7-08.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-19 - ORGANIC FARMING › Section 5H-19.003 - License (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority 504.32 FS. (Supp. 1990). Law Implemented
					 504.28(1), 504.31(3) FS. (1993).
New 10-17-91, Amended 6-4-95, Repealed
					 7-7-08.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-19 - ORGANIC FARMING › Section 5H-19.004 - Standards for Organic Food Production (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority 504.32 FS. (1993). Law Implemented
					 504.29(1), (2), (3), (4), (5) FS.
					 (1993).
New 10-17-91, Repealed
					 7-7-08.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-19 - ORGANIC FARMING › Section 5H-19.006 - Certifying Agent; Authority; Duties; Conflict of Interest (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority 504.32 FS. (1993). Law Implemented
					 504.26, 504.29 FS. (1993).
New 10-17-91, Amended 6-4-95, Repealed
					 7-7-08.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-19 - ORGANIC FARMING › Section 5H-19.010 - Retail Organics; Notification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority 504.32 FS. Law Implemented 504.28(2)
					 FS.
New 6-4-95, Repealed
					 7-7-08.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-21 - AGRICULTURAL ECONOMIC DEVELOPMENT PROGRAM › Section 5H-21.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Section 7, Chapter 91-268, Laws of
					 Florida Law Implemented Chapter 91-279, Laws of
					 Florida
New 12-31-91, Repealed
					 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-21 - AGRICULTURAL ECONOMIC DEVELOPMENT PROGRAM › Section 5H-21.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The definitions in Section
				  570.242, F.S., and the following
				  apply:
(1) "AED Program" means the
				Agricultural Economic Development Program.
(2) "Agribusiness" means any agricultural
				proprietorship, partnership, corporation, association or cooperative interested
				in producing alternative crops or expanding into value-added processing and/or
				marketing.
(3) "Alternative crops"
				means potentially profitable crops or livestock produced in an area which
				historically were not grown there.
(4) "Applicant" means any agribusiness,
				educational institution or government entity requesting assistance from the AED
				Program.
(5) "Key personnel" means
				vital members of management or consultants.
(6) "Principal" means an officer, director or
				owner of ten (10) percent or more of an agribusiness; or for an association or
				cooperative, an officer, director or voting member.
(7) "Profit" means the increase in the net
				worth of an agribusiness enterprise in a given accounting period, prior to any
				bonuses, dividends, patronage refunds or salary increases.
(8) "Project Business Plan" means the
				business plan as requested by the AED Program. Project Business Plans are
				forwarded to the Committee for determination of assistance, as recommended to
				the Commissioner.
(9) "Value-added"
				means taking raw commodities or products and, through processing and/or
				creative marketing, adding additional value to the
				commodity.
Rulemaking Authority 570.247 FS. Law Implemented 570.242
					 FS.
New 12-31-91, Amended
					 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-21 - AGRICULTURAL ECONOMIC DEVELOPMENT PROGRAM › Section 5H-21.003 - Notification Procedure

Current through Reg. 50, No. 138; July 16, 2024
The department shall provide public notice, including
				  publication in the Florida Administrative Register, of the AED Program and the
				  availability of assistance, as stated in Section
				  286.011, F.S.
Rulemaking Authority 570.247 FS. Law Implemented 570.242,
					 286.011 FS.
New 12-31-91, Amended
					 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-21 - AGRICULTURAL ECONOMIC DEVELOPMENT PROGRAM › Section 5H-21.004 - Project Application for Consideration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Section 7, Chapter 91-268, Laws of
					 Florida Law Implemented Chapter 91-279, Laws of
					 Florida
New 12-31-91, Repealed
					 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-21 - AGRICULTURAL ECONOMIC DEVELOPMENT PROGRAM › Section 5H-21.005 - Project Criteria for Evaluation and Funding

Current through Reg. 50, No. 138; July 16, 2024
(1) The minimum criteria to be used by the
				Department in identifying a project as facilitating rural agricultural economic
				development and the growth of Florida shall consist of satisfaction of the
				following:
(a) Each Project for Consideration
				must address the production of alternative crops, value-added processing and/or
				marketing or vocational training.
(b) Each project must benefit agricultural
				development within agriculturally depressed areas of the
				state.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-21 - AGRICULTURAL ECONOMIC DEVELOPMENT PROGRAM › Section 5H-21.006 - Determination of Assistance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Section 7, Chapter 91-268, Laws of
					 Florida Law Implemented Chapter 91-279, Laws of
					 Florida
New 12-31-91, Repealed
					 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-21 - AGRICULTURAL ECONOMIC DEVELOPMENT PROGRAM › Section 5H-21.007 - Establishing Reserves (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Section 7, Chapter 91-268, Laws of
					 Florida Law Implemented Chapter 91-279, Laws of
					 Florida
New 12-31-91, Repealed
					 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-21 - AGRICULTURAL ECONOMIC DEVELOPMENT PROGRAM › Section 5H-21.008 - Contracting with Governmental Bodies or Agribusiness Entities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Section 7, Chapter 91-268, Laws of
					 Florida Law Implemented Chapter 91-279, Laws of Florida;
					 287.058
					 FS.
New 12-31-91, Repealed
					 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-21 - AGRICULTURAL ECONOMIC DEVELOPMENT PROGRAM › Section 5H-21.009 - Repayment and Reporting Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				financially and non-financially assisted agribusinesses shall repay the AED
				Program a predetermined percentage of their annual profits, if applicable, as
				defined in Rule 5H-21.002, F.A.C., until
				repayment is complete. The percentage will be determined by the Department as
				part of the approval process prior to any disbursement of funds.
(2) Payments by the assisted agribusinesses
				are due to the Department annually, within ninety days of the close of its
				fiscal year, are to be made to the Agricultural Economic Development Trust Fund
				and shall be accompanied by annual financial statements by a Certified Public
				Accountant showing the financially assisted agribusiness' profits and net
				worth.
(3) A periodic update,
				either annually or as agreed to by the applicant and the Department, is
				required. The reports must contain:
(a) A
				narrative description of the work completed.
(b) Annual production, total sales, jobs
				created and results to date.
(c)
				All applicant-pledged expeditures along with all AED Program funded
				expenditures, with copies of estimates and receipts.
(d) A current list of principals of the
				agribusiness.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-21 - AGRICULTURAL ECONOMIC DEVELOPMENT PROGRAM › Section 5H-21.010 - Reporting Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Section 7, Chapter 91-268, Laws of
					 Florida Law Implemented Chapter 91-279, Laws of Florida;
					 216.181(12)(b)
					 FS.
New 12-31-91, Repealed
					 7-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-22 - FLORIDA FARM WINERY PROGRAM › Section 5H-22.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 599.004, FS. (1992), as crated by
					 Section 30, Chapter 92-151, Laws of Florida. Law Implemented
					 599.004 FS. (1992), as created
					 by Section 30, Chapter 92-151, Laws of
					 Florida
New 12-31-92, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-22 - FLORIDA FARM WINERY PROGRAM › Section 5H-22.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 599.004, FS. (1992), as crated by
					 Section 30, Chapter 92-151, Laws of Florida. Law Implemented
					 599.004 FS. (1992), as created
					 by Section 30, Chapter 92-151, Laws of
					 Florida
New 12-31-92, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-22 - FLORIDA FARM WINERY PROGRAM › Section 5H-22.003 - Qualification as a Florida Farm Winery Tourist Attraction

Current through Reg. 50, No. 138; July 16, 2024
A winery desiring registration with and certification by the
				  department as a Certified Farm Winery tourist attraction shall submit an annual
				  application to the department on Form 5H-22-1, effective 10-13-92, hereby
				  adopted and incorporated by reference. Copies of this form may be obtained from
				  the Department of Agriculture and Consumer Services, Division of Marketing,
				  Mayo Building, Tallahassee, Florida 32399-0800.
Rulemaking Authority 599.004 FS. (1992), as created by
					 Section 30, Chapter 92-151, Laws of Florida. Law Implemented 599.004(1)(a)4.
					 FS. (1992), as created by Section 30, Chapter 92-151, Laws of
					 Florida.
New 10-13-92.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-22 - FLORIDA FARM WINERY PROGRAM › Section 5H-22.004 - Adoption of Logo Emblem and Directional Sign

Current through Reg. 50, No. 138; July 16, 2024
The logo emblem and directional sign depicted below are
				  hereby designated and adopted as the Florida Farm Winery logo emblem and
				  directional sign.
Click here to view
				  image
Rulemaking Authority 599.004 FS. (1992), as created by
					 Section 30, Chapter 92-151, Laws of Florida. Law Implemented
					 599.004(2)(a)
					 FS. (1992), as created by Section 30, Chapter 92-151, Laws of
					 Florida.
New 10-13-92.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-22 - FLORIDA FARM WINERY PROGRAM › Section 5H-22.005 - Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 599.004, FS. (1992), as crated by
					 Section 30, Chapter 92-151, Laws of Florida. Law Implemented 599.004(1)(a)5.,
					 599.004(2)(c)
					 FS. (1992), as created by Section 30, Chapter 92-151, Laws of
					 Florida
New 12-31-92, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-23 - FAIRS AND EXPOSITIONS › Section 5H-23.001 - Eligibility for Fair Permit

Current through Reg. 50, No. 138; July 16, 2024
Only fair associations incorporated under the provisions of
				  Chapter 616, F.S., shall qualify for or receive a fair permit from the
				  Department of Agriculture and Consumer Services.
Rulemaking Authority 570.07(23), 616.165 FS. Law
					 Implemented 616.15 FS.
New 8-17-93, Amended
					 2-13-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-23 - FAIRS AND EXPOSITIONS › Section 5H-23.002 - Application for Fair Permit

Current through Reg. 50, No. 138; July 16, 2024
(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 (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. 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
.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-23 - FAIRS AND EXPOSITIONS › Section 5H-23.003 - Fees for Fair Permit

Current through Reg. 50, No. 138; July 16, 2024
(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:
(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.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-23 - FAIRS AND EXPOSITIONS › Section 5H-23.004 - Waiver of Minimum Exhibit Requirements

Current through Reg. 50, No. 138; July 16, 2024
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 to 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.
New 8-17-93, Amended
					 2-13-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-24 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 5H-24.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following words and terms shall have the following
				  meanings:
(1) "Accession" means the
				process of formally adding a newly-acquired artifact to the Museum's permanent
				collections records and assigning it a unique number.
(2) "Acquire" means the process of agreeing
				to accept an artifact for the permanent collections of the Museum and taking
				possession of the artifact by any lawful method, including but not limited to
				donation, bequest, purchase, transfer from another agency, staff field
				collection, exchange, archaeological excavation of Department or Museum-owned
				lands.
(3) "Agency" means any
				state, county, or municipal officer, department, division, museum, board,
				bureau, commission, or other separate unit of government created or established
				by law.
(4) "Artifact" means an
				object or group of objects of intrinsic historical, architectural,
				archaeological, or folk cultural value relating to the history, government, or
				culture of Florida.
(5)
				"Deaccession" means the process of formally removing a Department or
				Museum-owned artifact from the Museum's permanent collection records.
(6) "Disposal" means the process of
				permanently removing a Department or Museum-owned artifact from the Museum's
				permanent collections by one of the following means:
(a) Transferring title to another agency,
				institution, organization, or individual, and moving the artifact to the
				premise of that agency, institution, organization, or individual; or
(b) Properly discarding or destroying the
				artifact, if it has deteriorated or has been damaged beyond usefulness or
				repair.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-24 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 5H-24.002 - Acquisition Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) The Museum
				evaluates artifacts and determines whether they should be accepted into the
				Museum's permanent collections.
(a) The
				process of evaluating each artifact is recorded on an Evaluation Log, herein
				incorporated by reference.
(b) When
				the Museum accepts custody of an artifact from a prospective donor or vendor,
				an Examination Receipt, herein incorporated by reference, is
				completed.
(c) Evaluation of
				artifacts is based on the following criteria:
1. All acquisitions must have intrinsic
				historical, architectural, archaeological, or folk cultural value relating to
				the history, government, or culture of Florida; and
2. All acquisitions must possess potential
				for research or be useful for exhibition or interpretive purposes.
3. In addition to these general criteria, the
				following factors shall be considered when evaluating artifact.
a. Whether the artifacts have been carefully
				examined and evaluated by a Museum staff member who is knowledgeable about
				them;
b. Whether the artifacts have
				legitimate and clear provenance;
c.
				Whether the current owner of the artifacts has clear title to them and is free
				to convey them to the Museum;
d.
				Whether the Museum can provide proper storage, protection, and preservation for
				the Museum purposes; and
e. The
				artifacts' copyright status, if
				applicable.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-24 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 5H-24.003 - Accessioning Procedures

Current through Reg. 50, No. 138; July 16, 2024
After the Museum has acquired an artifact, the Museum
				  accessions it into the Museum's permanent collections. To accomplish this, the
				  acquired artifact is assigned a unique accession number and listed in an
				  accessions register. The artifact is moved into the appropriate collections
				  storage area of the Museum.
(1) In all
				cases, the accession number assigned to an acquired artifact consists of three
				elements. These elements indicate the year of acquisition, the group number,
				and the individual artifact number within the group. The group number refers to
				a specific group of artifacts acquired by the Museum from a single source on a
				specific date. (Example: In the number "1999.5.3, " "1999" refers to the year
				1999, "5" to the fifth group of objects acquired during that calendar year, and
				"3" to the third discrete artifact in a group of several artifacts.)
(2) The staff that administer the Museum's
				permanent collections maintain electronic data bases and files of paper records
				to document accessioned artifact.
(a) The
				electronic data bases contain the following information about each Department
				owned artifact.
1. An accession
				number;
2. The date of
				acquisition;
3. The method of
				acquisition;
4. A brief description
				of the artifact; and
5. The name of
				the source of acquisition.
6. In
				addition, the electronic data bases may include the following information:
a. The site number;
b. The name of the person or persons who
				collected the artifact;
c. The
				storage location; and
d. Catalog
				information concerning the artifact including, but not limited to, subject
				headings, information about associations with persons or places, condition, and
				information about the materials and techniques of
				manufacture.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-24 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 5H-24.004 - Inventory of Department or Museum-owned Artifacts

Current through Reg. 50, No. 138; July 16, 2024
The Museum conducts an annual inventory of artifacts in its
				  permanent collections.
(1) Inventory
				is taken either of individual artifacts or groups of artifacts, depending on
				the level at which the Museum maintains its collections records.
(2) This inventory, conducted by Museum staff
				on July 1 or as soon thereafter as practicable, is accomplished by the
				following procedures:
(a) A complete inventory
				is taken of all artifacts valued at $500 or more. Using a printout of
				information from the Museum's electronic data base, a staff member looks for
				each item listed on the inventory, and records whether the item is present,
				updating its location as necessary. If inventory information is maintained
				manually, rather than in the electronic data base (i.e., on object cards and
				worksheets), the staff member uses these paper records to conduct the
				inventory.
(b) An inventory is
				taken, by a simple random sample based on accession number, of one percent of
				all Department or Museum-owned artifacts valued at less than $500. Using a
				printout of information from the Museum's electronic data base, a staff member
				looks for each random-selected item listed on the inventory, and records
				whether the item is present, updating its location as necessary. If inventory
				information is maintained manually, rather than in the electronic data base
				(i.e., on object cards and worksheets), the staff member uses these paper
				records to conduct the inventory.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-24 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 5H-24.005 - Loan of Department or Museum-owned Artifacts

Current through Reg. 50, No. 138; July 16, 2024
(1) The Museum may make loans of Department
				or Museum-owned artifacts for scholarly or educational purpose or to assist the
				Museum in carrying out its responsibility to ensure proper curation of
				Department or Museum-owned artifact.
(2) While the Museum makes loans primarily to
				not-for-profit agencies, institutions, and organizations, a loan occasionally
				may be made to a for-profit agency, institution, or organization when the
				loan's purpose is consistent with the purposes set out in subsection
				5H-24.005(1),
				F.A.C. It is the Museum's policy not to loan Department or Museum-owned
				artifacts for decorative or personal use. Department or Museum-owned artifacts
				are not loaned to any agency, institution, or organization that is or has been
				under criminal investigation, unless the agency, institution, or organization
				has been cleared of any wrongdoing. The Museum will not loan Department or
				Museum-owned artifacts to any agency, institution, or organization that plans
				to offer artifacts for sale during the term of the loan.
(3) Whether a loan is initiated by the Museum
				or is requested by another agency, institution, or organization, a written
				request is submitted to the Museum, in care of the Museum. This request
				includes the following information:
(a) A
				list of the Department or Museum-owned artifacts requested for loan;
(b) A statement of the proposed loan's
				purpose, including, if applicable, the title of the exhibition in which
				Department or Museum-owned artifacts will be displayed.
(c) The dates for which the proposed loan of
				Department or Museum-owned artifacts is requested; and
(d) If applicable, the manner in which loaned
				Department or Museum-owned artifacts will be presented in an exhibition and the
				estimated size and composition of the exhibition's
				audience.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-24 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 5H-24.006 - Deaccession and Disposal of Department or Museum-owned Artifacts

Current through Reg. 50, No. 138; July 16, 2024
All decisions to remove a Department or Museum-owned artifact
				  from the Museum's permanent collections by deaccession anddisposal are made in
				  a manner that is in the best interest of the public and the artifact.
(1) From time to time, the Museum initiates
				recommendations of Department or Museum-owned artifacts that should be
				deaccessioned and the method by which the deaccession artifacts should be
				disposed of. A Deaccession and Disposal Worksheet, herein incorporated by
				reference, is completed to document the deaccession and disposal
				process.
(2) The criteria listed
				below are used to determine whether a Department or Museum-owned artifact may
				be deaccessioned and disposed of:
(a)
				Deaccessioning and disposing of a Department or Museum-owned artifact will be
				recommended only if:
1. The artifact is not
				relevant and useful to the functions and activities of the Museum;
				and
2. The artifact cannot be
				properly stored, preserved, or interpreted by the Museum; and
3. The artifact has been in the Museum's
				permanent collections for at least one year (hazardous or actively decomposing
				materials excepted).
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-24 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 5H-24.007 - Use of Museum Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Availability
				of records:
(a) Records in the custody of the
				Florida Agricultural Museum are available for reference in the Search Room
				only.
(b) Original records will not
				normally be made available when microfilm or other copies are available. If, in
				fact, the original is needed for a specific stated purpose, such as evidence in
				a court of law, the original will be made available.
(c) Persons seeking information that is
				published and readily available will be referred to the Florida State
				Library.
(d) Records will not be
				furnished to a researcher under the age of 16 years unless he is accompanied by
				an adult researcher, or unless prior arrangements have been made with the
				Archivist.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-24 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 5H-24.008 - Forms and Instructions

Current through Reg. 50, No. 138; July 16, 2024
The following forms are used in the implementation of this
				  Chapter and are herein incorporated by reference: These forms will become
				  effective on the effective date of Chapter 5H-24, F.A.C. These forms may be
				  obtained by contacting the Florida Department of Agriculture and Consumer
				  Services, Mayo Building, Tallahassee, Florida 32399-0810.
(1) Evaluation Log (FAM001).
(2) Examination Receipt (FAM002).
(3) Deed of Gift (FAM003).
(4) Informant Depositor Agreement
				(FAM004).
(5) Missing Artifact
				Report (FAM005).
(6) Facilities
				Report (FAM006).
(7) Loan Agreement
				(FAM007).
(8) Deaccession and
				Disposal Worksheet (FAM008).
(9)
				Receipt for Deaccessioned Artifacts (FAM009).
Necessary forms may be obtained from: The Florida
				  Agricultural Museum, 1850 Princess Place Road, Palm Coast, Florida 32137,
				  (904)446-7630, The Florida Department of Agriculture and Consumer Services, The
				  Capitol, LL29, Tallahassee, Florida 32399,
				  (850)488-3022.
Rulemaking Authority 570.903(8) FS. Law Implemented
					 570.903(8) FS.
New 12-9-99.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-25 - CERTIFICATION OF AGRICULTURE EDUCATION AND PROMOTION FACILITY › Section 5H-25.001 - Application

Current through Reg. 50, No. 138; July 16, 2024
(1) Those organizations applying for the
				Agriculture Education and Promotion Facility grant program shall utilize Form
				FDACS-06114 Rev. 05/24, Agriculture Education and Promotion Facility Request
				for Funding. The application is incorporated by reference and may be obtained
				by contacting the Division of Administration, Bureau of General Services, 407
				S. Calhoun Street, Tallahassee, Florida 32399-0800, Phone: (850)617-7070, or
				Email: AgEducationFacility@FDACS.gov or online as indicated:
http://www.flrules.org/Gateway/reference.asp?No=Ref-16592
.
(2) Applications for funding must be
				submitted to the Department of Agriculture and Consumer Services and must be
				postmarked or received electronically by October 1 of each year in order to be
				eligible to be certified, evaluated and ranked for submission to the
				Legislature.
Rulemaking Authority 288.1175(2) FS. Law Implemented
					 288.1175 FS.
New 2-2-06.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-25 - CERTIFICATION OF AGRICULTURE EDUCATION AND PROMOTION FACILITY › Section 5H-25.002

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 288.1175(4) FS. Law Implemented
					 288.1175 FS.
New 2-2-06.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-25 - CERTIFICATION OF AGRICULTURE EDUCATION AND PROMOTION FACILITY › Section 5H-25.003

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 288.1175(5) FS. Law Implemented
					 288.1175 FS.
New 2-2-06.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-25 - CERTIFICATION OF AGRICULTURE EDUCATION AND PROMOTION FACILITY › Section 5H-25.004 - Submission of Proposals

Current through Reg. 50, No. 138; July 16, 2024
Upon the completion of the certification, evaluation and
				  ranking, the project proposals shall be submitted to the Executive Office of
				  the Governor, the President of the Senate and the Speaker of the House for
				  consideration of funding.
Rulemaking Authority 288.1175(2) FS. Law Implemented
					 288.1175 FS.
New 2-2-06.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-26 - SALES AND PURCHASES OF HORSES › Section 5H-26.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is to address unfair and
				  deceptive trade practices surrounding the sale and purchase of horses in
				  Florida. This rule enhances consumer protection by implementation of minimum
				  requirements relating to the sale and purchase of horses in
				  Florida.
Rulemaking Authority 535.16 FS. Law Implemented 535.16,
					 570.07(36) FS.
New 7-2-08.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-26 - SALES AND PURCHASES OF HORSES › Section 5H-26.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule chapter, the following definitions shall
				  apply:
(1) "Dual Agent" means a person
				who knowingly agrees with the Owner and the Purchaser of a horse, either
				individually or jointly, to act in a fiduciary capacity on behalf of both the
				Owner and the Purchaser in exchange for the promise of compensation. Auction
				companies or persons licensed to conduct public sales of thoroughbred horses
				under Chapter 535, F.S., shall not be deemed to be dual agents under this rule
				chapter.
(2) "Horse" means an
				equine as defined in Section
				773.01(2),
				F.S.
(3) "Trainer" means a person
				who trains horses for contests, shows, or performances.
Rulemaking Authority 535.16 FS. Law Implemented 535.16,
					 570.07(36) FS.
New 7-2-08.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-26 - SALES AND PURCHASES OF HORSES › Section 5H-26.003 - General Requirements Relating to the Sale or Purchase of Horses

Current through Reg. 50, No. 138; July 16, 2024
(1) Any sale or purchase of a horse or any
				interest therein in Florida shall be accompanied by a written bill of sale
				described in Rule 5H-26.004, F.A.C., except as
				provided in subsection (8).
(2) A
				person shall not act as a dual agent in a transaction involving the sale or
				purchase of an interest in a horse without:
(a) The prior knowledge of both the Purchaser
				and the Owner; and
(b) Written
				consent of both the Purchaser and the Owner.