“FAIR”LY IMPORTANT MATTERS continued . …………………………………………..
FROM THE DESK OF …………………………………... Commissioner of Agriculture Adam Putnam
Fairgrounds have long been ideal
venues for candidates seeking politi- cal office to meet members of the community and share their position on key issues. Though the Florida State Fair is four months away, the Florida State Fairgrounds still lured Republican Presidential candidates to Tampa for the CNN 2012 Republi- can Debate on September 12. The debate brought national atten-
Adam H. Putnam Commissioner
tion to our state’s fairgrounds, high- lighting it as a vital common ground where communities come together for celebrations, thoughtful discus- sions and even heated debates. The event also provided an opportunity
to showcase Florida’s rich agricultural heritage through the activi- ties and educational exhibits available at the Florida State Fair- grounds. As you all plan for the upcoming Fair season and for the
many other events that take place on Florida’s fairgrounds, re- member that these are opportunities to bring communities to- gether and celebrate time-honored traditions. No matter what the event – whether it’s educational, recreational or for entertainment – it’s also an opportunity for us to raise awareness about our in- dustry and its rich legacy. For more information about upcoming events at the Florida
State Fairgrounds, visit
http://www.floridastatefair.com/upcoming- events/facilities.
Woman of Year in Agriculture Nominations Being Accepted
Commissioner Adam Putnam is now accepting nomina-
tions for the 2011 Woman of the Year In Agriculture. Applicants should meet the following
criteria: Age: Must be at least 25 years of age; Residence: Must be active in the agriculture industry and have resided in the State of Florida for the past ten consecutive years; Experience: Must have at least ten years of experience in the agriculture industry; Community Service: Must have served her community in some professional and/or civic capacity; Contribution to Agriculture: Must have made some unique or outstanding contribution to the agriculture industry. The deadline for submissions is – NOVEM- BER 15, 2011. For questions, please contact Cheryl F. Flood or Susan Reese at (850) 488-3022 This year’s recipient will be honored at the Salute to
Women in Agriculture Lunch on Monday, February 13, 2012 during the Florida State Fair in Tampa.
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“NEITHER A LENDER NOR BORROWER BE” A question has arisen in the past on whether a Fair asso-
ciation can loan money to its directors and officers. We are of the opinion that a Fair association should not loan money to its directors or officers. A Fair association is defined in the Florida Statutes as an
association not for profit incorporated under Chapter 616 for the purpose of conducting and operating public fairs or expo- sitions. Pursuant to Chapter 617 of the Florida Statutes, loans may not be made by a Florida not for profit corporation to its directors or officers. In addition, a loan to a director or officer may run afoul of
IRS regulations, specifically, the private inurement doctrine inasmuch as the assets of a tax exempt organization cannot inure to the private benefit of an individual connected with that organization. Lastly, Florida Statute 616.07 makes clear that all money
and property of the Fair association is public property which shall be administered by the Fair association as trustee, to be used exclusively for the legitimate purpose of the associa- tion. Arguably, a loan of Fair money to a director or officer does not serve a legitimate purpose of the Fair association.
Attorney’s Corner…….. By Lance Fuchs
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