Fla. Stat. § 496.401
Short title
Sections 496.401-496.424 may be cited as the “Solicitation of Contributions Act.”
Florida Statutes Chapter 496 — SOLICITATION OF FUNDS
Florida · statute · Fla. Stat. ch. 496 · 34 active provisions
Fla. Stat. § 496.402
Legislative intent
It is the intent of the Legislature to recognize the right of persons or organizations to conduct solicitation activities. It is also the intent of the Legislature to protect the public by requiring full public disclosure of the identity of persons who solicit contributions from the public, and of the purposes for whic…
Fla. Stat. § 496.403
Application
Sections 496.401-496.424 do not apply to bona fide religious institutions, educational institutions, and state agencies or other government entities or persons or organizations who solicit or act as professional fundraising consultants solely on behalf of those entities, or to blood establishments as defined in s. 381.…
Fla. Stat. § 496.404
Definitions
As used in ss. 496.401-496.424, the term:(1) “Charitable organization” means a person who is or holds herself or himself out to be established for any benevolent, educational, philanthropic, humane, scientific, artistic, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other e…
Fla. Stat. § 496.405
Registration statements by charitable organizations and sponsors
(1) A charitable organization or sponsor, unless exempted pursuant to s. 496.406, which intends to solicit contributions in or from this state by any means or have funds solicited on its behalf by any other person, charitable organization, sponsor, commercial co-venturer, or professional solicitor, or that participates…
Fla. Stat. § 496.4055
Charitable organization or sponsor board duties
(1) As used in this section, the term “conflict of interest transaction” means a transaction between a charitable organization or sponsor and another party in which a director, officer, or trustee of the charitable organization or sponsor has a direct or indirect financial interest. The term includes, but is not limite…
Fla. Stat. § 496.406
Exemption from registration
(1) The following charitable organizations and sponsors are exempt from the requirements of s. 496.405:(a) A person who is soliciting for a named individual, provided that all the contributions collected without any deductions whatsoever are turned over to the beneficiary for her or his use and provided that the person…
Fla. Stat. § 496.407
Financial statement
(1) A charitable organization or sponsor that is required to initially register or annually renew registration must file an annual financial statement for the immediately preceding fiscal year on a form prescribed by the department.(a) The statement must include the following:1. A balance sheet.2. A statement of suppor…
Fla. Stat. § 496.4071
Supplemental financial disclosure
(1) If, for the immediately preceding fiscal year, a charitable organization or sponsor had more than $1 million in total revenue and spent less than 25 percent of the organization or sponsor’s total annual functional expenses on program service costs, in addition to any financial statement required under s. 496.407, t…
Fla. Stat. § 496.4072
Financial statements for specific disaster relief solicitations
(1) A charitable organization or sponsor that solicits contributions in this state for a charitable purpose related to a specific disaster or crisis and receives at least $50,000 in contributions in response to such solicitation shall file quarterly disaster relief financial statements with the department on a form pre…
Fla. Stat. § 496.409
Registration and duties of professional fundraising consultant
(1) A person may not act as a professional fundraising consultant unless he or she has first complied with the requirements of ss. 496.401-496.424 and has obtained approval of the department of a registration statement in accordance with subsection (6). A person may not act as a professional fundraising consultant afte…
Fla. Stat. § 496.410
Registration and duties of professional solicitors
(1) No person may act as a professional solicitor unless the person has first complied with the requirements of ss. 496.401-496.424 and has obtained approval of the department of a registration statement in accordance with subsection (5). A person may not act as a professional solicitor after the expiration, suspension…
Fla. Stat. § 496.4101
Licensure of professional solicitors and certain employees thereof
(1) Each officer, director, trustee, or owner of a professional solicitor and any employee of a professional solicitor conducting telephonic solicitations during which a donor’s or potential donor’s personal financial information is requested or provided must, before engaging in solicitation activities, obtain a solici…
Fla. Stat. § 496.411
Disclosure requirements and duties of charitable organizations and sponsors
(1) A charitable organization or sponsor may solicit contributions only for the purpose expressed in the solicitation for contributions or the registration statement of the charitable organization or sponsor and may apply contributions only in a manner substantially consistent with that purpose.(2) A charitable organiz…
Fla. Stat. § 496.412
Disclosure requirements and duties of professional solicitors
(1) A professional solicitor must comply with and be responsible for complying or causing compliance with the following disclosures:(a) Before orally requesting a contribution, or contemporaneously with a written request for a contribution, a professional solicitor must clearly disclose:1. The name of the professional…
Fla. Stat. § 496.4121
Collection receptacles used for donations
(1) As used in this section, the term “collection receptacle” means a receptacle used to collect donated clothing, household items, or other goods for resale.(2) A collection receptacle must display a permanent sign or label on each side which contains the following information printed in letters that are at least 3 in…
Fla. Stat. § 496.413
Contributions solicited for or accepted on behalf of a named individual
(1) Contributions solicited for, or accepted by or on behalf of, a named individual must be deposited in a trust account opened by a trustee named in a properly established trust document or must be deposited in a depository established in accordance with s. 69.031. The circuit court has jurisdiction over the contribut…
Fla. Stat. § 496.414
Duties of commercial co-venturers
(1) Prior to the commencement of any charitable or sponsor sales promotion in this state conducted by a commercial co-venturer on behalf of a charitable organization or sponsor, the commercial co-venturer must obtain the written consent of the charitable organization or sponsor whose name will be used during the charit…
Fla. Stat. § 496.415
Prohibited acts
It is unlawful for any person in connection with the planning, conduct, or execution of any solicitation or charitable or sponsor sales promotion to:(1) Operate in violation of, or fail to comply with, the requirements of ss. 496.401-496.424.(2) Submit false, misleading, or inaccurate information in a document that is…
Fla. Stat. § 496.416
Violation as deceptive or unfair trade practice
Any person who commits an act or practice that violates any provision of ss. 496.401-496.424 commits an unfair or deceptive act or practice or unfair method of competition in violation of chapter 501, part II, and is subject to the penalties and remedies provided for such violation.
Fla. Stat. § 496.417
Criminal penalties
Except as otherwise provided in ss. 496.401-496.424, and in addition to any administrative or civil penalties, any person who willfully and knowingly violates ss. 496.401-496.424 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For a second or subsequent conviction,…
Fla. Stat. § 496.418
Recordkeeping and accounting
(1) Each charitable organization, sponsor, professional fundraising consultant, and professional solicitor that collects or takes control or possession of contributions made for a charitable purpose must keep records to permit accurate reporting and auditing as required by law, must not commingle contributions with non…
Fla. Stat. § 496.419
Powers of the department
(1) The department may conduct an investigation of any person or organization whenever there is an appearance, either upon complaint or otherwise, that a violation of ss. 496.401-496.424 or s. 496.426 or of any rule adopted or of any order issued pursuant thereto has been committed or is about to be committed.(2) The d…
Fla. Stat. § 496.4191
Additional penalty; immediate suspension
Upon notification and subsequent written verification by a law enforcement agency, a court, a state attorney, or the Department of Law Enforcement, the department shall immediately suspend a registration or the processing of an application for a registration if the registrant, applicant, or an officer or director of th…
Fla. Stat. § 496.420
Civil remedies and enforcement
(1) In addition to other remedies authorized by law, the department may bring a civil action in circuit court to enforce ss. 496.401-496.424 or s. 496.426. Upon a finding that a person has violated any of these sections, a court may make any necessary order or enter a judgment including, but not limited to, a temporary…
Page 1 of 2Next →