Attorney’s Corner Lance Fuchs
“TRESPASS UPON THE GROUNDS OF A FAIR”
Many of you may not know
that in Chapter 616, which governs public fairs and expositions, there is a specific section which concerns trespass upon fair- grounds. Our office receives calls every year concerning this section. Your local law enforcement most likely is not aware of it. Section 616.185 of the Florida Statutes defines “trespass” and reads as follows: 616.185 Trespass upon grounds or facilities of public fair; pen- alty; arrests.— (1) For the purposes of this chapter, trespass upon the
grounds of the Florida State Fair Authority or any other fair association permitted under s. 616.15 means: (a) Entering and remaining upon any grounds or facilities
owned, operated, or controlled by the Florida State Fair Author- ity or any other association permitted under s. 616.15 and committing any act that disrupts the orderly conduct of any authorized activity of the fair association in charge, or its les- sees, licensees, or the general public on those grounds or facili- ties; or (b) Entering and remaining on those grounds or facilities
after being directed not to enter or to leave them by the execu- tive director of the authority, chief administrative officer of the fair association, or any employee or agent of the association designated by the executive director or administrator to main- tain order on those grounds and facilities, after a determina- tion by the executive director, administrator, employee, or agent that the entering or
Guest Column Mark Harvey
Are Fairs Still Relevant? Several years ago, in an effort to drum up some free
publicity from the local newspaper, I gave a copy of a book about the history of the North Florida Fair to a long time features writer. My plan worked because the writer contacted the author of my book and a nice story was written about the North Florida Fair just before we opened that year. The writer also came to the fair and interviewed me for his article. I was expecting a fairly softball interview but he opened with the question, “Do you think fairs are still relevant in today’s day and age?” I was taken aback and had to think quickly for a response. I replied, “I think fairs are more relevant now than they have ever been.” I continued to explain my logic to the reporter. Many
children today grow up in an urban environment and do not get to experience growing a crop or raising an ani- mal. They certainly don’t associate those acts with feed- ing a family. In the past, if a family didn’t grow crops or raise animals for slaughter the family didn’t eat. The ad- vent of television, smart phones, and computers have placed a wealth of information at our fingertips but they have also made the act of farming a niche occupation. Fewer people farm as an occupation and more people than ever rely on the grocery store for all their food needs. I pointed out that fairs provide a connection be- tween the farm and the dinner table. It is a connection that urban youth in particular benefit from. Fortunately, the questions got easier from that point
remaining on those grounds or facil-
ities is in violation of the rules and regulations of the Florida State Fair Authority or permitted fair association or is disrupting the orderly conduct of any authorized activity of the fair associ- ation in charge, or its lessees, licensees, or the general public on those grounds or facilities. (2) Any person committing the offense of trespass upon the
grounds of the Florida State Fair Authority or any other fair association permitted under s. 616.15 commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) A law enforcement officer may arrest any person on or
off the premises, without a warrant, if the officer has probable cause for believing such person has committed the offense of trespass upon the grounds of the Florida State Fair Authority or any fair association permitted under s. 616.15. Such an arrest does not render the law enforcement officer criminally or civilly liable for false arrest, false imprisonment, or unlawful deten- tion.
This Section of the Florida Statutes has been a useful
tool for fair managers and law enforcement personnel who are aware of it.
but I was faced with the thought that if this reporter asked that question, how many more people might be thinking the same thing. It’s easy to get caught up in the steady march into the future and some people think that fairs are a part of the past. Fairs do an outstanding job of showcasing the past. It is also important to keep an eye to future trends and ideas so that we can stay relevant as times change.
Mark Harvey is the manager of the North Florida Fair in Tallahassee.
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FAIRCRACKER-SPRING 2018
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