Attorney’s Corner

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.

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.

Attorney’s Corner

Lance Fuchs

Rhonda Ward Immediate Past President

Hello everyone! I hope that all of you have recovered from Letting the Fair Times Roll at the Florida Federation of Fairs Convention and Zone 1 & 2 Meeting. I know that I had a great time and hope that all of you did as well. I believe any time we get together with our fellow fairs is time well spent. As part of the convention program committee, we hope that you brought back some fresh, exciting and innovative ideas. From the trade show to showcases, to workshops to round table discussion, to a New Orleans themed President’s party and an elegant masquerade gala with awards galore what a time we had. A big congratulations to all of our winners and to the committees that had the hard task of choosing who it would be. The showcase committee rocked our theme with great acts that made us think at times that we were in the French Quarters. Our associates showed up in huge numbers. And how about our sponsors. Our organization is backed by some of the greatest companies out there. They made sure that we had everything we needed and more to make this convention one to remember. We are so thankful for each of you that joined us, were on a committee, volunteered to welcome, or lead a class. All of you helped make it possible. How blessed we are to be a part of such a generous community of fair people.

With all that said, I would be remiss if I didn’t say a personal thank you to each and every one of you for making my year as president one to remember. My board, the committees, the volunteers, sponsors, fair friends, my Collier Fair family, Dan, Elaine and my family all of you hold a special place in my heart and mean the world to me. These past few years have been rough on everyone, but around every corner and through each valley we seem to come to meet the needs of our fair friends. You are all the most wonderful people in the world. I AM BLESSED! I will continue to say that for the rest of my life because I have met and made lasting friendships that have carried me through some of the darkest of days. Thank you all for this opportunity and if you are just coming into the “fair family” be ready to be overwhelmed with love, friendship, prayers, emails, cards, texts, words of encouragement and genuine heartfelt concern for you and your fair. Embrace it and embrace your “fair family” because they will be just who you need, when you need them and how you need them. I hope I left a little sparkle with each of you this past year and I’m always here to return the favor if needed. Most of all I am thankful for a God who has given me each of you to walk through this world with and hopefully into the next. He is a great God and I am forever grateful that He led me to be a part of this awesome “FAIR FAMILY”. I’m not going anywhere…Terry has to put up with me for at least a year…hopefully many more to come!

God Bless and See You Soon, Rhonda Ward