The Florida Senate

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 organization or sponsor soliciting in this state must include all of the following disclosures at the point of solicitation:

(a)  The name of the charitable organization or sponsor and state of the principal place of business of the charitable organization or sponsor;

(b)  A description of the purpose or purposes for which the solicitation is being made;

(c)  Upon request, the name and either the address or telephone number of a representative to whom inquiries could be addressed;

(d)  Upon request, the amount of the contribution which may be deducted as a charitable contribution under federal income tax laws;

(e)  Upon request, the source from which a written financial statement may be obtained. Such financial statement must be for the immediate past fiscal year and must be consistent with the annual financial report filed under s. 496.407 The written financial statement must be provided within 14 days after the request and must state the purpose for which funds are raised, the total amount of all contributions raised, the total costs and expenses incurred in raising contributions, the total amount of contributions dedicated to the stated purpose or disbursed for the stated purpose, and whether the services of another person or organization have been contracted to conduct solicitation activities.

(3)  Every charitable organization or sponsor which is required to register under s. 496.405 must conspicuously display in capital letters the following statement on every printed solicitation, written confirmation, receipt, or reminder of a contribution:

"A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE."

The statement must include a toll-free number for the division that can be used to obtain the registration information. When the solicitation consists of more than one piece, the statement must be displayed prominently in the solicitation materials.

(4)  A charitable organization or sponsor must establish and exercise control over its fundraising activities.

(5)  A charitable organization or sponsor must not enter into any contract or agreement with or employ a professional fundraising consultant or professional solicitor unless that professional solicitor or fundraising consultant is registered with the department.

(6)  Each charitable organization or sponsor that is required to register under s. 496.405 shall conspicuously display the following information on every printed solicitation, written confirmation, receipt, or reminder of a contribution:

(a)  The organization's or sponsor's registration number issued by the department under this chapter.

(b)  The percentage, if any, of each contribution that is retained by any professional solicitor that has contracted with the organization or sponsor.

(c)  The percentage of each contribution that is received by the organization or sponsor.

If the solicitation consists of more than a single item, the statement shall be displayed prominently in the solicitation materials.

History.--ss. 10, 26, ch. 91-208; ss. 7, 19, ch. 94-287; s. 7, ch. 2001-214.