Florida Statutes Title XXXIII Chapter 496 - Solicitation Of Funds

• 496.401 - Short Title.
  Sections 496.401-496.424 may be cited as the “Solicitation of Contributions Act.”History.—ss. 1, 26, ch. 91-208; s. 19, ch. 94-287.
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 496.418 - Records.
  Each charitable organization, sponsor, professional fundraising consultant, and professional solicitor must keep for a period of at least 3 years true and accurate records as...
• 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...
• 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...
• 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....
• 496.421 - More Stringent Local Provisions Not Preempted By Ss. 496.401-496.424.
  Sections 496.401-496.424 do not preempt more stringent county or municipal provisions or restrict local units of government from adopting more stringent provisions, and, in such...
• 496.422 - Duties Of The Department Of State.
  The Department of State shall include in the materials it sends to persons or organizations seeking to register as nonprofit corporations, pursuant to chapter 617,...
• 496.423 - Public Information; Annual Report.
  (1) The department shall develop a public information program, which should include a plan to distribute information to the public, to further the purposes of ss....
• 496.424 - Rulemaking Authority.
  The department has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of ss. 496.401-496.424 or s. 496.426.History.—ss. 23,...
• 496.425 - Solicitation Of Funds Within Public Transportation Facilities.
  (1) As used in this section:(a) “Authority” means this state or any agency thereof, a county or municipality, or any entity established by law for the purpose...
• 496.4255 - Public Airport Not Required To Grant Permit Or Access.
  Notwithstanding s. 496.425, a governmental entity or authority that owns or operates an airport, as defined in s. 332.01, may not be required to issue...
• 496.426 - Registration And Solicitation Requirements.
  (1) In addition to the other requirements of this chapter, a sponsor is eligible to register and solicit contributions in this state only if the sponsor...
• 496.430 - Disqualification From Certain Tax Exemptions.
  (1) In addition to the penalties provided for in s. 496.419(5), the department may issue an order to disqualify a charitable organization or sponsor from receiving...

Last modified: September 23, 2016