Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 952
Barcode 521130
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/04/2011 .
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The Committee on Higher Education (Lynn) recommended the
following:
1 Senate Amendment
2
3 Delete lines 207 - 256
4 and insert:
5 (6) RELEASE OR MODIFICATION OF RESTRICTIONS ON MANAGEMENT,
6 INVESTMENT, OR PURPOSE.—
7 (a) If the donor consents in a record, an institution may
8 release or modify, in whole or in part, a restriction contained
9 in a gift instrument on the management, investment, or purpose
10 of an institutional fund. A release or modification may not
11 allow a fund to be used for a purpose other than a charitable
12 purpose of the institution.
13 (b) If consent of the donor in a record cannot be obtained
14 by reason of the donor’s death, disability, unavailability, or
15 impossibility of identification, a governing board may modify a
16 restriction contained in a gift instrument regarding the
17 management, investment, or use of an institutional fund if the
18 fund has a total value of $100,000 or less and the restriction
19 has become impracticable or wasteful, impairs the management,
20 investment, or use of the fund or if, because of circumstances
21 not anticipated by the donor, a modification of a restriction
22 will further the purposes of the fund.
23 (c) If an institution determines that a restriction
24 contained in a gift instrument on the management, investment, or
25 purpose of an institutional fund is unlawful, impracticable,
26 impossible to achieve, or wasteful, the institution, after
27 providing written notice to the Attorney General, may release or
28 modify the restriction, in whole or part, if:
29 1. The institutional fund subject to the restriction has a
30 total value of at least $100,000 and not more than $250,000;
31 2. More than 20 years have elapsed since the fund was
32 established; and
33 3. The institution uses the property in a manner consistent
34 with the charitable purposes expressed in the gift instrument.
35 (d) The circuit court for the circuit in which an
36 institution is located, upon application of that institution,
37 may modify a restriction contained in a gift instrument
38 regarding the management or investment of an institutional fund
39 if the restriction has become impracticable or wasteful, if it
40 impairs the management or investment of the fund, or if, because
41 of circumstances not anticipated by the donor, a modification of
42 a restriction will further the purposes of the fund. The
43 institution shall notify the Attorney General of the
44 application. To the extent practicable, any modification must be
45 made in accordance with the donor’s probable intention.
46 (e) If a particular charitable purpose or a restriction
47 contained in a gift instrument on the use of an institutional
48 fund becomes unlawful, impracticable, impossible to achieve, or
49 wasteful, the circuit court for the circuit in which an
50 institution is located, upon application of that institution,
51 may modify the purpose of the fund or the restriction on the use
52 of the fund in a manner consistent with the charitable purposes
53 expressed in the gift instrument. The institution shall notify
54 the Attorney General of the application.