THE LEGAL STATUS OF FAIR ASSOCIATIONS By Lance C. Fuchs, Esq.
At times there is confusion as to what type of legal entity is a fair association. In Florida, businesses can take on many forms such as a sole proprietorship, for profit corporation, limited liability company, a not for profit corporation, professional service corporation, foreign unincorporated association, private school corporation, or, our very own Chapter 616 fair association. Section 616.04 of the Florida Statutes provides as follows: “[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. . . .” Many individuals outside our industry think that a fair association is controlled by the Florida profit or not for profit statutes. That is simply not the case. Fair associations enjoy a unique status in Florida law and are governed by their own Chapter in our Florida Statutes. In 2012, during the comprehensive revision by the Florida Legislature of Chapter 616, specifically Section 616.03, the following was added to help alleviate the confusion: “. . . . [t]his 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.” Many fairs have found this helpful when they go to apply for financing, deal with banks, county government, etc., because most attorneys and bank officers are familiar with the Florida Secretary of State’s website (sunbiz.org) to confirm the legal existence of a corporate entity in Florida, and are not accustomed to contacting the Florida Department of Agriculture and Consumer Services to confirm a fair’s lawful existence.
Attorney’s Corner
Lance Fuchs
Getting to know our new Directors Suzanne Holcomb, IFMG
Fair Manager, Greater Hillsborough County Fair suzanne@hillsboroughcountyfair.com Suzanne Holcomb is the Fair Manager of the Greater Hillsborough County Fair Association, Inc in Dover, FL. She is a graduate of the IAFE Institute of Fair Manager and received her Bachelors of Science from the University of Florida. Suzanne resides in Lithia, FL with her husband and 3 children and has deep roots in the 4-H, FFA and dairy cattle industry.
Jay Strates Jay@strates.com E. Jay Strates is a member of the 3rd generation of the Strates Family to take on responsibilities of leading the famous James E. Strates Shows. Born in Orlando, Jay began working summers in the family business until graduating in 1992 from the University of Florida Warrington College of Business with an undergraduate degree in finance and a Master of Business Administration. During his 30 years with the Show, Jay has navigated Strates Shows through the ever-changing regulatory environment in the outdoor amusement industry. He continues to spearhead the integration of technology in all aspects of operations, especially those that improve customer service. He has served as a Director for OABA since 2008. He is currently Director at Large from Associate Members for IAFE. Jay has also been a member of the Showmen’s League of America since 2008 and served on the organization’s Board of Governors in 2013. Jay lives in Winter Park with his wife Suzy and two children.
Summer 2022/5
