Page 4


President’s Message continued from page 1 The Summer Fair Trip and The Fall Workshop will both


be coming up soon and we hope that you will be able to join in on the fun and educational opportunities they will provide. We have included the dates and important information on the inside pages of Faircracker for both of these events. Don’t miss the memories that will be made with your fair family and the stories that will be told for years to come. I heard there may be games and prizes. And we all know no one wants to miss one of Ms. Pat’s awesome prizes. Again, thank you all for your support and encourage-


ment as we embark on our 2021-2022 fair journey togeth- er. As fairs, associates, ride companies, entertainers and exhibitors we will continue to make the Florida Federation of Fairs a successful and educational organization while promoting agriculture, entertainment and trade. Rhonda Ward, President Florida Federation of Fairs and Livestock Shows


Keep up with the President’s travels on


Attorney’s Corner Lance Fuchs


BUILDING AN IMMUNITY TO


COVID-19: NEW CIVIL LIABILITY


PROTECTIONS As we all know, the COVID-19 pandemic has affected the State


of Florida in ways that were unimaginable a year ago. As business- es were forced to close, millions of Americans lost their jobs, the U.S. economy contracted at the greatest rate since World War II, and Florida’s general revenue collections for Fiscal Year 2019–20 were down nearly $1.9 billion from the forecast projections made in January 2020. While businesses and entities struggled to re-open, or keep their doors open, and grapple with the rapidly changing government-issued health standards and guidance, a growing con- cern was expressed that unfounded or opportunistic lawsuits for COVID-19 related claims could threaten their financial survival due to time, attention, and financial resources diverted to responding to lawsuits. On March 29, 2021, Florida Governor Ron DeSantis signed a


Important Dates


Summer Fair Trip Sign up by


Dues $100 until Dues $125


Board of Directors Meeting Fall Workshop


Fall Newsletter Deadline


IAFE 2021 Annual Convention San Antonio, Texas


August 12-15 July 6


July 31


August 1 October 1


October 1-2 October 1


Nov. 28-Dec 1


new law creating section 768.38, Florida Statutes, which provides civil liability protections for individuals, businesses, governmental entities, and other organizations against COVID-19 related claims. A COVID-19 related claim is defined as “a civil liability claim against a person . . . a business entity . . . which arises from or is related to COVID-19 . . . . including any such claim for damages, injury or death.” The term business entity includes corporations and associa- tions as defined in section 606.03, Florida Statutes, which we be- lieve includes fair associations. The statute does, however, carve out a limited processing which


Allez-OOPS............................50 Belle City Amusements ..........20 Belmont Magic .......................48 Belmont Magic .......................61 G.L. Berg................................55 Bob Bohm’s Family Entertainment ...............................................15 CAS Government Services .................................43 Comedy Hypnotist Jon Simon............................29


Creative Community Promotions...................52 & 64


Dorado Graphix........................8 Fair Payment Processing by Celero Commerce ................58


Fair Publishing House ............22 Florida Dairy Farmers.............54 Great American Entertainment Co. ...............56 Haas Wilkerson


PLEASE PATRONIZE OUR ADVERTISERS Insurance..............................19


Harmony Artists, Inc. ..............63 Indiana Ticket Company .........50 Lightning Wireless Solutions................................ 2


Magic of Lance Gifford............33 North American Midway Entertainment ..........68


Road House Entertainment.....44 Scott’s Magic Shows...............53 E.G. Staats.............................37 The Benjamin Jackson Hypnotist Show....................41


The Moogician........................59 The One Man Band Marc Dobson ........................57


The Pretzel Lady ....................10 UCA........................................31 Wade Shows ..........................38


a civil lawsuit may proceed. If a plaintiff files a civil lawsuit for a COVID-19 related claim, he or she must make particular allegations and submit an affidavit signed by a physician actively licensed in the state which attests to the physician’s belief, within a reasonable degree of medical certainty, that the plaintiff’s COVID-19 related damages, injury, or death occurred as a result of the defendant’s grossly negligent acts or omissions. In other words, the person or entity being sued did or did not do something that a reasonably prudent person knows will probably and most likely result in injury to another person. If the judge finds the allegations and affidavit to be sufficient, then


the judge must determine whether the defendant made a good faith effort to substantially comply with the authoritative or controlling government-issued health standards or guidance at the time the alleged damage, injury, or death occurred. If more than one source or set of standards or guidance was controlling at the time (i.e. CDC, state, or local mandates/guidelines), the defendant’s good faith effort to comply with any one of those sources, standards, or guidance is enough to grant immunity from civil liability. The burden of proof is upon the plaintiff to demonstrate that the defendant did not make a good faith effort. Finally, a COVID-19 related lawsuit must commence within one year after the damage, injury, or death occurred, or by March 29, 2022, if the damage, injury, or death oc- curred before March 29, 2021.


Faircracker SUMMER 2021


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