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Immunity for Non-Profit Officers and Directors

Sovereign immunity is a historical legal doctrine of old.  Kings and Queens could not be held liable for their actions as sovereigns as early law and government developed.  In current times you will hear this doctrine invoked as a defense against liability whenever a government or government employee is sued in court, for example, in cases of police brutality.  Florida’s sovereign immunity statutes still protect the government and its officials from personal liability in most cases and place limits on the amount of damages recoverable in most cases.

Section 617.0834, Florida Statutes, provides immunity to you as officers and directors of a Section 501(c)(3) corporation not for profit.  You “……shall not be personally liable for monetary damages to any person for any statement, vote, decision, or failure to take an action regarding organizational management or policy…….”; but of course there are exceptions:

  1. If the officer or director failed to perform or breached their duties as an officer or director (see Lawyer Thiele’s Legal Corner, “Duties of Directors,” April 2, 2019;
  2. Reckless or malicious acts;
  3. Deriving improper personal benefit from any transaction (see the Corner, “Conflicts of Interest, September 2, 2019).

Most if not all states have enacted similar laws in order to encourage participation in non-profit community work and to shield your lawful activities from personal liability.

Coronavirus (COVID-19) Update: August 20, 2021

The U.S. Food and Drug Administration today announced the following actions taken in its ongoing response effort to the COVID-19 pandemic:

  • As part of the FDA’s effort to protect consumers, on August 19, the agency issued a warning letter jointly with the Federal Trade Commission to Mahita, LLC dba PushMyCart for selling unapproved products with unproven COVID-19 claims. Consumers concerned about COVID-19 should consult with their health care provider.
  • On August 13, the FDA held a stakeholder call in recognition of National Immunization Awareness Month to discuss vaccines for younger children and adolescents in preparation for the school year. Assistant Secretary for Health for the U.S. Department of Health and Human Services Rachel Levine, M.D., and Director of FDA’s Center for Biologics Evaluation and Research Peter Marks, M.D., Ph.D., were featured speakers. The call can be found on the FDA’s YouTube pageExternal Link Disclaimer.
  • Testing updates:
    • As of today, 402 tests and sample collection devices are authorized by the FDA under emergency use authorizations (EUAs). These include 282 molecular tests and sample collection devices, 87 antibody and other immune response tests and 33 antigen tests. There are 56 molecular authorizations and one antibody authorization that can be used with home-collected samples. There is one molecular prescription at-home test, three antigen prescription at-home tests, six antigen over-the-counter (OTC) at-home tests and two molecular OTC at-home tests.
    • The FDA has authorized 13 antigen tests and eight molecular tests for serial screening programs. The FDA has also authorized 610 revisions to EUA authorizations.

Related Information

2021 Child Tax Credit: Easy Qualifying for Parents

Raising kids can be expensive, and the Child Tax Credit is here to help.  President Biden’s American Rescue Plan increased the amount of the 2021 Child Tax Credit to support families with children.

The full benefit of the Child Tax Credit is now $300 per month per child under age 6 and $250 for each child age 6 to 17.

Eligibility: Most families, even those with little to no income, can receive the full amount. If you are a single parent making less than $112,500 or a married couple making less than $150,000—and have children under age 18 who will live with you for more than half of 2021 — you are likely eligible for the full benefit. These benefits do not affect your eligibility for other federal benefits like SNAP.

Click here to view flyer:  Child-Tax-Credit

Click here to visit the site:  ChildTaxCredit.gov

 

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