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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Solicitation of Contributions 2
Act; amending s. 496.404, F.S.; revising the 3
definition of the term "solicitation"; creating s. 4
496.4151, F.S.; defining the term "panhandling"; 5
prohibiting panhandling under certain circumstances; 6
prohibiting a person from approaching an operator or 7
other occupant of a motor vehicle for the purpose of 8
panhandling; providing penalties; amending s. 496.417, 9
F.S.; providing additional violations that constitute 10
a felony; amending s. 496.425, F.S.; revising the 11
definition of the term "facility"; conforming penalty 12
provisions to changes made by the act; amending s. 13
496.426, F.S.; requiring individuals engaged in 14
solicitation in certain areas to identify on whose 15
behalf and for what purpose contributions are being 16
solicited; including additional statutory provisions 17
in the Solicitation of Contributions Act; amending ss. 18
496.401, 496.403, 496.409, 496.410, 496.415, 49 6.416, 19
496.418, 496.419, 496.420, 496.421, 496.422, 496.423, 20
496.424, and 617.0601, F.S.; conforming cross -21
references; providing an effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 1. Section 496.404, Florida Stat utes, is amended 26
to read: 27
496.404 Definitions. —As used in ss. 496.401-496.430 ss. 28
496.401-496.424, the term: 29
(1) "Charitable organization" means a person who is or 30
holds herself or himself out to be established for any 31
benevolent, educational, philanth ropic, humane, scientific, 32
artistic, patriotic, social welfare or advocacy, public health, 33
environmental conservation, civic, or other eleemosynary 34
purpose, or a person who in any manner employs a charitable 35
appeal as the basis for any solicitation or an a ppeal that 36
suggests that there is a charitable purpose to any solicitation. 37
The term includes a chapter, branch, area office, or similar 38
affiliate soliciting contributions within the state for a 39
charitable organization that has its principal place of busin ess 40
outside the state. 41
(2) "Charitable purpose" means a benevolent, 42
philanthropic, patriotic, educational, humane, scientific, 43
artistic, public health, social welfare or advocacy, 44
environmental conservation, civic, or other eleemosynary 45
objective. 46
(3) "Charitable sales promotion" means an advertising or 47
sales campaign conducted by a commercial co -venturer which 48
represents that the purchase or use of goods or services offered 49
by the commercial co -venturer benefits a charitable 50
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organization. The provision of advertising services to a 51
charitable organization does not, in itself, constitute a 52
charitable sales promotion. 53
(4) "Commercial co-venturer" means a person who, for 54
profit, regularly and primarily is engaged in trade or commerce 55
other than in connect ion with solicitation of contributions and 56
who conducts a charitable sales promotion or a sponsor sales 57
promotion. 58
(5) "Contribution" means the promise, pledge, or grant of 59
money or property, financial assistance, or any other thing of 60
value in response to a solicitation. The term includes, in the 61
case of a charitable organization or sponsor offering goods and 62
services to the public, the difference between the direct cost 63
of the goods and services to the charitable organization or 64
sponsor and the price at which the charitable organization or 65
sponsor or a person acting on behalf of the charitable 66
organization or sponsor resells those goods or services to the 67
public. The term does not include: 68
(a) Bona fide fees, dues, or assessments paid by members 69
if membership is not conferred solely as consideration for 70
making a contribution in response to a solicitation; 71
(b) Funds obtained by a charitable organization or sponsor 72
pursuant to government grants or contracts; 73
(c) Funds obtained as an allocation from a United Way 74
organization that is duly registered with the department; or 75
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(d) Funds received from an organization duly registered 76
with the department that is exempt from federal income taxation 77
under s. 501(a) of the Internal Revenue Code and described in s. 78
501(c) of the Internal Revenue Code. 79
(6) "Crisis" means an event that garners widespread 80
national or global media coverage due to an actual or perceived 81
threat of harm to an individual, a group, or a community. 82
(7) "Department" means the Department of Agriculture and 83
Consumer Services. 84
(8) "Disaster" means a natural, technological, or civil 85
event, including, but not limited to, an explosion, chemical 86
spill, earthquake, tsunami, landslide, volcanic activity, 87
avalanche, wildfire, tornado, hurricane, drought, or flood, 88
which affects one or more countries and causes damage of 89
sufficient severity and magnitude to result in: 90
(a) An official declaration of a state of emergency; or 91
(b) An official request for international assistance. 92
(9) "Division" means the Division of Consumer Services of 93
the Department of Agriculture and Consumer Services. 94
(10) "Educational institutions" means those institutions 95
and organizations described in s. 212.08(7)(cc)8.a. The term 96
includes private nonprofit organizations, the purpose of which 97
is to raise funds for schools teaching grades kindergarten 98
through grade 12, colleges, and universities, including a 99
nonprofit newspaper of free or paid circulation primarily on 100
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university or college campuses which holds a current exe mption 101
from federal income tax under s. 501(c)(3) of the Internal 102
Revenue Code, an educational television network or system 103
established pursuant to s. 1001.26, and a nonprofit television 104
or radio station that is a part of such network or system and 105
that holds a current exemption from federal income tax under s. 106
501(c)(3) of the Internal Revenue Code. The term also includes a 107
nonprofit educational cable consortium that holds a current 108
exemption from federal income tax under s. 501(c)(3) of the 109
Internal Revenue Code, the primary purpose of which is the 110
delivery of educational and instructional cable television 111
programming and the members of which are composed exclusively of 112
educational organizations that hold a valid consumer certificate 113
of exemption and that are either an educational institution as 114
defined in this subsection or qualified as a nonprofit 115
organization pursuant to s. 501(c)(3) of the Internal Revenue 116
Code. 117
(11) "Emergency service employee" means an employee who is 118
a firefighter, as defined in s. 633.102, or ambulance driver, 119
emergency medical technician, or paramedic, as defined in s. 120
401.23. 121
(12) "Federated fundraising organization" means a 122
federation of independent charitable organizations that have 123
voluntarily joined together, including, but not limited to, a 124
united way or community chest, for purposes of raising and 125
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distributing contributions for and among themselves and where 126
membership does not confer operating authority and control of 127
the individual organization upon the federated group 128
organization. 129
(13) "Fundraising costs" means those costs incurred in 130
inducing others to make contributions to a charitable 131
organization or sponsor for which the contributors will receive 132
no direct economic benefit. Fundraising costs include, but are 133
not limited to, salaries, rent, acquiring and obtaining mailing 134
lists, printing, mailing, and all direct and indirect costs of 135
soliciting, as well as the cost of unsolicited merchandise sent 136
to encourage contributions. 137
(14) "Law enforcement officer" means a p erson who is 138
elected, appointed, or employed by a municipality or the state 139
or a political subdivision thereof and: 140
(a) Who is vested with authority to bear arms and make 141
arrests and whose primary responsibility is the prevention and 142
detection of crime o r the enforcement of the criminal, traffic, 143
or highway laws of the state; or 144
(b) Whose responsibility includes supervision, protection, 145
care, custody, or control of inmates within a correctional 146
institution. 147
(15) "Management and general costs" means al l such costs 148
of a charitable organization or sponsor which are not 149
identifiable with a single program or fundraising activity but 150
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which are indispensable to the conduct of such programs and 151
activities and the charitable organization or sponsor's 152
existence. 153
(16) "Membership" means the relationship of a person to an 154
organization which entitles her or him to the privileges, 155
professional standing, honors, or other direct benefit of the 156
organization in addition to the right to vote, elect officers, 157
and hold office in the organization. 158
(17) "Owner" means a person who has a direct or indirect 159
interest in a professional fundraising consultant or 160
professional solicitor. 161
(18) "Parent organization" means that part of a charitable 162
organization or sponsor which coo rdinates, supervises, or 163
exercises control over policy, fundraising, and expenditures or 164
assists or advises one or more of the organization's chapters, 165
branches, or affiliates in this state. 166
(19) "Person" means an individual, organization, trust, 167
foundation, group, association, entity, partnership, 168
corporation, or society or any combination thereof. 169
(20) "Professional fundraising consultant" means a person 170
who is retained by a charitable organization or sponsor for a 171
fixed fee or rate under a written ag reement to plan, manage, 172
conduct, carry on, advise, consult, or prepare material for a 173
solicitation of contributions in this state but who does not 174
solicit contributions or employ, procure, or engage any 175
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compensated person to solicit contributions and who does not at 176
any time have custody or control of contributions. A bona fide 177
volunteer or bona fide employee or salaried officer of a 178
charitable organization or sponsor maintaining a permanent 179
establishment in this state is not a professional fundraising 180
consultant. An attorney, investment counselor, or banker who 181
advises an individual, corporation, or association to make a 182
charitable contribution is not a professional fundraising 183
consultant as the result of such advice. 184
(21) "Professional solicitor" means a person who, for 185
compensation, performs for a charitable organization or sponsor 186
a service in connection with which contributions are or will be 187
solicited in, or from a location in, this state by the 188
compensated person or by a person it employs, procures, or 189
otherwise engages, directly or indirectly, to solicit 190
contributions, or a person who plans, conducts, manages, carries 191
on, advises, consults, directly or indirectly, in connection 192
with the solicitation of contributions for or on behalf of a 193
charitable organization or sponsor but who does not qualify as a 194
professional fundraising consultant. A bona fide volunteer or 195
bona fide employee or salaried officer of a charitable 196
organization or sponsor maintaining a permanent establishment in 197
this state is not a professional solicitor. An attorney, 198
investment counselor, or banker who advises an individual, 199
corporation, or association to make a charitable contribution is 200
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not a professional solicitor as the result of such advice. 201
(22) "Program service costs" means all expenses incurred 202
primarily to accomplish the charitable organization or sponsor's 203
stated purposes. The term does not include fundraising costs. 204
(23) "Religious institution" means a church, 205
ecclesiastical or denominational organization, or establish ed 206
physical place for worship in this state at which nonprofit 207
religious services and activities are regularly conducted and 208
carried on and includes those bona fide religious groups that do 209
not maintain specific places of worship. The term also includes 210
a separate group or corporation that forms an integral part of a 211
religious institution that is exempt from federal income tax 212
under s. 501(c)(3) of the Internal Revenue Code and that is not 213
primarily supported by funds solicited outside its own 214
membership or congregation. 215
(24) "Solicitation" means a request, directly or 216
indirectly, for money, property, financial assistance, or any 217
other thing of value on the plea or representation that such 218
money, property, financial assistance, or other thing of value 219
or a portion of it will be used for a charitable or sponsor 220
purpose or will benefit a charitable organization or sponsor. 221
The term includes, but is not limited to, the following methods 222
of requesting or securing the promise, pledge, or grant of 223
money, property, financial assistance, or any other thing of 224
value: 225
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(a) Making any oral or written request; 226
(b) Making any announcement to the press, on radio or 227
television, by telephone or telegraph, or by any other 228
communication device concerning an appeal or campa ign by or for 229
any charitable organization or sponsor or for any charitable or 230
sponsor purpose; 231
(c) Distributing, circulating, posting, or publishing any 232
handbill, written advertisement, or other publication that 233
directly or by implication seeks to obtain any contribution; or 234
(d) Selling or offering or attempting to sell any 235
advertisement, advertising space, book, card, coupon, chance, 236
device, magazine, membership, merchandise, subscription, 237
sponsorship, flower, admission, ticket, food, or other service 238
or tangible good, item, or thing of value, or any right of any 239
description in connection with which any appeal is made for any 240
charitable organization or sponsor or charitable or sponsor 241
purpose, or when the name of any charitable organization or 242
sponsor is used or referred to in any such appeal as an 243
inducement or reason for making the sale or when, in connection 244
with the sale or offer or attempt to sell, any statement is made 245
that all or part of the proceeds from the sale will be used for 246
any charitable or sponsor purpose or will benefit any charitable 247
organization or sponsor ; or 248
(e) Approaching or making contact with any other 249
individual on a road or right -of-way and directly or by 250
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implication seeking to obtain any contribution . 251
252
A solicitation is consi dered as having taken place regardless of 253
whether the person making the solicitation receives any 254
contribution. A solicitation does not occur when a person 255
applies for a grant or an award to the government or to an 256
organization that is exempt from federal income taxation under 257
s. 501(a) of the Internal Revenue Code and described in s. 258
501(c) of the Internal Revenue Code and is duly registered with 259
the department. 260
(25) "Sponsor" means a group or person who is or holds 261
herself or himself out to be soliciting contributions by the use 262
of a name that implies that the group or person is in any way 263
affiliated with or organized for the benefit of emergency 264
service employees or law enforcement officers and the group or 265
person is not a charitable organizati on. The term includes a 266
chapter, branch, or affiliate that has its principal place of 267
business outside the state if such chapter, branch, or affiliate 268
solicits or holds itself out to be soliciting contributions in 269
this state. 270
(26) "Sponsor purpose" means a program or endeavor 271
performed to benefit emergency service employees or law 272
enforcement officers. 273
(27) "Sponsor sales promotion" means an advertising or 274
sales campaign conducted by a commercial co -venturer who 275
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represents that the purchase or use of go ods or services offered 276
by the commercial co -venturer will be used for a sponsor purpose 277
or donated to a sponsor. The provision of advertising services 278
to a sponsor does not, in itself, constitute a sponsor sales 279
promotion. 280
Section 2. Section 496.4151, Florida Statutes, is created 281
to read: 282
496.4151 Panhandling prohibited. — 283
(1) As used in this section, the term "panhandling" means 284
requesting of another person that he or she give money or 285
anything of value for the private use of the person making the 286
request. 287
(2) A person may not engage in panhandling: 288
(a) Within 50 feet, in any direction, of: 289
1. An entrance to or exit from commercially zoned 290
property. 291
2. A bus stop or a facility as defined in s. 496.425(1). 292
3. An automatic teller machine or an entrance to a bank. 293
4. A parking lot, parking garage, parking meter, or 294
parking pay station. 295
5. A public restroom. 296
(b) Within 100 feet, in any direction, of a child care 297
facility or school attended by any students in prekindergarten 298
through grade 12. 299
(c) On a right-of-way or road as defined in s. 334.03. 300
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(d) At a public transit stop or in a public transit 301
vehicle. 302
(e) While the person being solicited is waiting to be 303
admitted to a commercial establishment. 304
(f) By touching the person being s olicited. 305
(g) With the use of profane or abusive language. 306
(h) While under the influence of alcohol or after having 307
illegally used a controlled substance as defined in s. 892.02. 308
(i) Between the hours of 4 p.m. and 9 a.m. 309
(3) A person may not appro ach an operator or other 310
occupant of a motor vehicle for the purpose of panhandling. 311
(4) A first violation of subsection (2) or subsection (3) 312
is punishable by imprisonment for 30 days and a fine of not more 313
than $100. A second or subsequent violation is punishable by 314
imprisonment for 60 days and a fine of not more than $200. 315
Section 3. Section 496.417, Florida Statutes, is amended 316
to read: 317
496.417 Criminal penalties. —Except as otherwise provided 318
in ss. 496.401-496.430 ss. 496.401-496.424, and in addition to 319
any administrative or civil penalties, a any person who 320
willfully and knowingly violates ss. 496.401-496.430 ss. 321
496.401-496.424 commits a felony of the third degree, punishable 322
as provided in s. 775.082, s. 775.083, or s. 775.084. For a 323
second or subsequent conviction, such violation constitutes a 324
felony of the second degree, punishable as provided in s. 325
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775.082, s. 775.083, or s. 775.084. 326
Section 4. Paragraph (b) of subsection (1) and subsection 327
(11) of section 496.425, Florida Statutes, are amended to read: 328
496.425 Solicitation of funds within public transportation 329
facilities.— 330
(1) As used in this section: 331
(b) "Facility" means any public transportation facility or 332
right-of-way, including, but not limited to, railroad stations, 333
bus stations, ship ports, ferry terminals, roadside welcome 334
stations, highway service plazas, airports served by scheduled 335
passenger service, or highway rest stations , or rights-of-way or 336
roads as defined in s. 334.03 . 337
(11) A person who solicits funds in violation of any of 338
the provisions of this section is guilty of a misdemeanor of the 339
second degree, punishable by fine as provided in s. 775.083. 340
Upon a second or subsequent conviction, such person is guilty of 341
a misdemeanor of the first degree, punishable by fine as 342
provided in s. 775.083. 343
Section 5. Subsection (4) of section 496.426, Florida 344
Statutes, is renumbered as subsection (5) and amended, and a new 345
subsection (4) is added to that section, to read: 346
496.426 Registration and solicitation require ments.— 347
(4) Individuals engaged in solicitation on a road, right -348
of-way, or facility as defined in s. 496.425(1) must: 349
(a) Clearly identify the name of the charitable 350
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organization or named individual on whose behalf contributions 351
are being solicited. 352
(b) Clearly identify the charitable purpose for which 353
contributions are being solicited. 354
(5)(4) If any provision of this section or the application 355
thereof to any person or circumstance is held invalid, the 356
invalidity does not affect other provisions or application of 357
this section or the Solicitation of Contributions Act, ss. 358
496.401-496.430 ss. 496.401-496.424, which can be given effect 359
without the invalid provision or application, and to this end 360
the provisions of this section are declared severable. 361
Section 6. Section 496.401, Florida Statutes, is amended 362
to read: 363
496.401 Short title. —Sections 496.401-496.430 496.401-364
496.424 may be cited as the "Solicitation of Contributions Act." 365
Section 7. Section 496.403, Florida Statutes, is amended 366
to read: 367
496.403 Application. —Sections 496.401-496.430 496.401-368
496.424 do not apply to bona fide religious institutions, 369
educational institutions, and state agencies or other government 370
entities or persons or organizations who solicit or act as 371
professional fundraising consultants solely on behalf of those 372
entities, or to blood establishments as defined in s. 373
381.06014(1)(a). Sections 496.401-496.430 496.401-496.424 do not 374
apply to political contributions solicited in accordance with 375
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the election laws of this state. 376
Section 8. Subsection (1) of section 496.409, Florida 377
Statutes, is amended to read: 378
496.409 Registration and duties of professional 379
fundraising consultant. — 380
(1) A person may not act as a professional fundraising 381
consultant unless he or she h as first complied with the 382
requirements of ss. 496.401-496.430 ss. 496.401-496.424 and has 383
obtained approval of the department of a registration statement 384
in accordance with subsection (6). A person may not act as a 385
professional fundraising consultant afte r the expiration, 386
suspension, or cancellation of his or her registration. 387
Section 9. Subsections (1), (4), and (13) of section 388
496.410, Florida Statutes, are amended to read: 389
496.410 Registration and duties of professional 390
solicitors.— 391
(1) A No person may not act as a professional solicitor 392
unless the person has first complied with ss. 496.401-496.430 393
the requirements of ss. 496.401 -496.424 and has obtained 394
approval of the department of a registration statement in 395
accordance with subsection (5). A p erson may not act as a 396
professional solicitor after the expiration, suspension, or 397
cancellation of his or her registration. 398
(4) A professional solicitor must, at the time of 399
application or renewal of registration, file with and have 400
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approved by the depar tment a bond, to which the professional 401
solicitor is the principal obligor in the sum of $50,000, with 402
one or more sureties authorized to do business in this state. 403
The professional solicitor must maintain the bond in effect as 404
long as the registration is in effect; however, the liability of 405
the surety under the bond must not exceed an all -time aggregate 406
liability of $50,000. The bond, which may be in the form of a 407
rider to a larger blanket liability bond, must be payable to the 408
state and to any person who may have a cause of action against 409
the principal obligor of the bond for any liability arising out 410
of a violation by the obligor of any provision of ss. 496.401-411
496.430 ss. 496.401-496.424, or any rule adopted pursuant 412
thereto. 413
(13) Unless otherwise prov ided in ss. 496.401-496.430 ss. 414
496.401-496.424, any material change in any information filed 415
with the department pursuant to this section must be reported in 416
writing to the department within 7 days after the change occurs. 417
Section 10. Subsections (1) and (8) of section 496.415, 418
Florida Statutes, are amended to read: 419
496.415 Prohibited acts. —It is unlawful for any person in 420
connection with the planning, conduct, or execution of any 421
solicitation or charitable or sponsor sales promotion to: 422
(1) Operate in violation of, or fail to comply with, ss. 423
496.401-496.430 the requirements of ss. 496.401 -496.424. 424
(8) Represent that a charitable organization or sponsor 425
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will receive a fixed or estimated percentage of the gross 426
revenue from a solicitation campaign greater than that 427
identified in filings with the department pursuant to ss. 428
496.401-496.430 ss. 496.401-496.424, or that a charitable 429
organization or sponsor will receive an actual or estimated 430
dollar amount or percentage per unit of goods or services 431
purchased or used in the charitable or sponsor sales promotion 432
that is greater than that agreed to by the commercial co -433
venturer and the charitable organization or sponsor. 434
Section 11. Section 496.416, Florida Statutes, is amended 435
to read: 436
496.416 Violation as deceptive or unfair trade practice. —A 437
Any person who commits an act or practice that violates any 438
provision of ss. 496.401-496.430 ss. 496.401-496.424 commits an 439
unfair or deceptive act or practice or unfair method of 440
competition in violation of ch apter 501, part II, and is subject 441
to the penalties and remedies provided for such violation. 442
Section 12. Subsection (2) of section 496.418, Florida 443
Statutes, is amended to read: 444
496.418 Recordkeeping and accounting. — 445
(2) Each charitable organizati on, sponsor, professional 446
fundraising consultant, and professional solicitor must keep for 447
a period of at least 3 years true and accurate records as to its 448
activities in this state which are covered by ss. 496.401-449
496.430 ss. 496.401-496.424. The records must be made available, 450
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without subpoena, to the department for inspection and must be 451
furnished no later than 10 working days after requested. 452
Section 13. Subsections (1) and (4), paragraph (f) of 453
subsection (5), and subsection (8) of section 496.419, Florida 454
Statutes, are amended to read: 455
496.419 Powers of the department. — 456
(1) The department may conduct an investigation of any 457
person or organization whenever there is an appearance, either 458
upon complaint or otherwise, that a violation of ss. 496.401-459
496.430 ss. 496.401-496.424 or s. 496.426 or of any rule adopted 460
or of any order issued pursuant thereto has been committed or is 461
about to be committed. 462
(4) The department may enter an order imposing one or more 463
of the penalties set forth in subs ection (5) if the department 464
finds that a charitable organization, sponsor, professional 465
fundraising consultant, or professional solicitor, or an agent, 466
servant, or employee thereof has: 467
(a) Violated or is operating in violation of any of the 468
provisions of ss. 496.401-496.430 ss. 496.401-496.424 or s. 469
496.426 or of the rules adopted or orders issued thereunder; 470
(b) Made a material false statement in an application, 471
statement, or report required to be filed under ss. 496.401-472
496.430 ss. 496.401-496.424 or s. 496.426; 473
(c) Refused or failed, or any of its principal officers 474
has refused or failed, after notice, to produce any records of 475
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such organization or to disclose any information required to be 476
disclosed under ss. 496.401-496.430 ss. 496.401-496.424 or s. 477
496.426 or the rules of the department; or 478
(d) Made a material false statement in response to any 479
request or investigation by the department, the Department of 480
Legal Affairs, or the State Attorney. 481
(5) Upon a finding as set forth in subsection (4 ), the 482
department may enter an order doing one or more of the 483
following: 484
(f) Except as provided in paragraph (g), imposing an 485
administrative fine not to exceed $5,000 for each act or 486
omission that constitutes a violation of ss. 496.401-496.430 ss. 487
496.401-496.424 or s. 496.426 or a rule or order. With respect 488
to a s. 501(c)(3) organization, the penalty imposed pursuant to 489
this subsection may not exceed $500 per violation for failure to 490
register under s. 496.405 or file for an exemption under s. 491
496.406(2). The penalty shall be the entire amount per violation 492
and is not a daily penalty; and 493
(8) The department shall report any substantiated criminal 494
violation of ss. 496.401-496.430 ss. 496.401-496.424 or s. 495
496.426 to the proper prosecuting authority for p rompt 496
prosecution. 497
Section 14. Subsections (1) and (3) of section 496.420, 498
Florida Statutes, are amended to read: 499
496.420 Civil remedies and enforcement. — 500
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(1) In addition to other remedies authorized by law, the 501
department may bring a civil action in circuit court to enforce 502
ss. 496.401-496.430 ss. 496.401-496.424 or s. 496.426 . Upon a 503
finding that a person has violated any of these sections, a 504
court may make any necessary order or enter a judgment 505
including, but not limited to, a temporary or perma nent 506
injunction, a declaratory judgment, the appointment of a general 507
or special magistrate or receiver, the sequestration of assets, 508
the reimbursement of persons from whom contributions have been 509
unlawfully solicited, the distribution of contributions pur suant 510
to the charitable or sponsor purpose expressed in the 511
registration statement or pursuant to the representations made 512
to the person solicited, the reimbursement of the department for 513
investigative costs and attorney fees and costs, and any other 514
equitable relief the court finds appropriate. Upon a finding 515
that a person has violated any provision of ss. 496.401-496.430 516
ss. 496.401-496.424 or s. 496.426 with actual knowledge or 517
knowledge fairly implied on the basis of objective 518
circumstances, a court may enter an order imposing a civil fine 519
in the Class III category pursuant to s. 570.971 for each 520
violation. 521
(3) The department may terminate an investigation or an 522
action upon acceptance of a person's written assurance of 523
voluntary compliance with ss. 496.401-496.430 ss. 496.401-524
496.424 or s. 496.426 . Acceptance of an assurance may be 525
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conditioned on commitment to reimburse donors or to take other 526
appropriate corrective action. An assurance is not evidence of a 527
prior violation of any of these sections. Howe ver, unless an 528
assurance has been rescinded by agreement of the parties or 529
voided by a court for good cause, subsequent failure to comply 530
with the terms of an assurance is prima facie evidence of a 531
violation of one or more of these sections. 532
Section 15. Section 496.421, Florida Statutes, is amended 533
to read: 534
496.421 More stringent local provisions not preempted by 535
ss. 496.401-496.430 ss. 496.401-496.424.—Sections 496.401-536
496.430 496.401-496.424 do not preempt more stringent county or 537
municipal provisions or restrict local units of government from 538
adopting more stringent provisions, and, in such case, such 539
provisions must be complied with if the registrant desires to 540
solicit within the geographic district of such local unit of 541
government. 542
Section 16. Section 496.422, Florida Statutes, is amended 543
to read: 544
496.422 Duties of the Department of State. —The Department 545
of State shall include in the materials it sends to persons or 546
organizations seeking to register as nonprofit corporations, 547
pursuant to chapter 617, and include with the annual report 548
notice to be filed with the Department of State each year, a 549
notice of the registration and disclosure requirements of ss. 550
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496.401-496.430 ss. 496.401-496.424. 551
Section 17. Subsections (1) and (4) of section 4 96.423, 552
Florida Statutes, are amended to read: 553
496.423 Public information; annual report. — 554
(1) The department shall develop a public information 555
program, which should include a plan to distribute information 556
to the public, to further the purposes of ss. 496.401-496.430 557
ss. 496.401-496.424. 558
(4) The department shall prepare an annual public report 559
to be submitted to the Governor, the President of the Senate, 560
the Speaker of the House of Representatives, the Commissioner of 561
Agriculture, and the Attorney G eneral summarizing such 562
information filed under ss. 496.401-496.430 ss. 496.401-496.424 563
which the department determines will assist the public in making 564
informed and knowledgeable decisions concerning contributions. 565
The report must include the following: 566
(a) A list of complaints filed for which violations were 567
found to have occurred in each of the following categories: 568
charitable organizations, sponsors, professional solicitors, and 569
professional fundraising consultants. 570
(b) A list of the number of inves tigations by the 571
department, and enforcement actions commenced under ss. 496.401-572
496.430 ss. 496.401-496.424 and the disposition of those 573
actions. 574
(c) A list of those charitable organizations and sponsors 575
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which have voluntarily submitted an audited finan cial statement 576
pursuant to s. 496.407 or an audit with an opinion prepared by 577
an independent certified public accountant. 578
Section 18. Section 496.424, Florida Statutes, is amended 579
to read: 580
496.424 Rulemaking authority. —The department has the 581
authority to adopt rules pursuant to ss. 120.536(1) and 120.54 582
to implement ss. 496.401-496.430 the provisions of ss. 496.401 -583
496.424 or s. 496.426 . 584
Section 19. Paragraph (b) of subsection (1) of section 585
617.0601, Florida Statutes, is amended to read: 586
617.0601 Members, generally. — 587
(1) 588
(b) The articles of incorporation or bylaws of any 589
corporation not for profit that maintains chapters or affiliates 590
may grant representatives of such chapters or affiliates the 591
right to vote in conjunction with the board of directors of the 592
corporation notwithstanding applicable quorum or voting 593
requirements of this chapter if the corporation is registered 594
with the Department of Agriculture and Consumer Services 595
pursuant to ss. 496.401-496.430 ss. 496.401-496.424, the 596
Solicitation of Contributions Act. 597
Section 20. This act shall take effect July 1, 2024. 598