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Fla. Stat. § 616.03

Notice of application; approval and record of charter

Redline — January 1, 2011 → current.View current text →
Current — January 1, 2012
As of January 1, 2011
Notice of intention to apply to the circuit judge for the charter of a fair association, stating the time when the application will be made, shall be sent to the department for approval and then shall be published in a newspaper in the county where the principal office of the association is to be located once each week for 4 consecutive weeks, setting forth briefly the charter and objects of the association to be formed. The proposed charter shall be submitted to and approved by the board of county commissioners of the county in which the principal office of the association is to be located. Upon approval of the department and the board of county commissioners, the proposed charter with proof of both approval and publication shall be submitted to the circuit judge at the time named in the notice; and, if no cause is shown to the contrary and if the judge finds the proposed charter to be in proper form and so sworn to and for the primary object of public service, the judge shall approve the charter and render a decree incorporating the subscribers under the charter for the objects and purposes and with the powers therein specified. The charter and decree of incorporation shall then be recorded in the office of the clerk of the circuit court in the county where the principal office of the association is to be located and in the office of the department. Thenceforth the subscribers and their associates shall be incorporated by the name given in the charter and with the objects and powers set forth therein. The proposed charter, during the time of publication, shall be on file in the office of the clerk of the circuit court.
A notice of intention to apply to the circuit court for the charter of a fair association must specify the date that application will be made, shall be sent to the department for approval, and shall be published in a newspaper in the county where the principal office of the association will be located once each week for 4 consecutive weeks. The notice must briefly summarize the charter and objectives of the proposed association. The proposed charter shall 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 department and the board of county commissioners, the proposed charter and proof of approval and publication shall be submitted to the circuit judge on the date specified in the notice. 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 shall approve the charter and issue an order incorporating the subscribers under the charter for the objectives and purposes specified in the charter. The charter and order of incorporation shall 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 subscribers and their associates are incorporated with the objectives and powers established in the charter and under the name given in the charter. During the publication period, the proposed charter shall be on file in the office of the clerk of the circuit court. 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.

Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.