Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. CS for SB 1084
Ì699264FÎ699264
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/23/2024 .
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The Committee on Fiscal Policy (Collins) recommended the
following:
1 Senate Substitute for Amendment (789144) (with title
2 amendment)
3
4 Delete lines 737 - 1071
5 and insert:
6 Section 15. Paragraph (d) of subsection (1), subsection
7 (3), and paragraph (a) of subsection (4) of section 496.405,
8 Florida Statutes, are amended to read:
9 496.405 Registration statements by charitable organizations
10 and sponsors.—
11 (1) A charitable organization or sponsor, unless exempted
12 pursuant to s. 496.406, which intends to solicit contributions
13 in or from this state by any means or have funds solicited on
14 its behalf by any other person, charitable organization,
15 sponsor, commercial co-venturer, or professional solicitor, or
16 that participates in a charitable sales promotion or sponsor
17 sales promotion, must, before engaging in any of these
18 activities, file an initial registration statement, and a
19 renewal statement annually thereafter, with the department.
20 (d) The registration of a charitable organization or
21 sponsor may not continue in effect and shall expire without
22 further action of the department under either of the following
23 circumstances:
24 1. After the date the charitable organization or sponsor
25 should have filed, but failed to file, its renewal statement in
26 accordance with this section.
27 2. For failure to provide a financial statement within any
28 extension period provided under s. 496.407.
29 (3) Each chapter, branch, or affiliate of a parent
30 organization that is required to register under this section
31 must file a separate registration statement and financial
32 statement or report the required information to its parent
33 organization, which shall then file, on a form prescribed by the
34 department, a consolidated registration statement for the parent
35 organization and its Florida chapters, branches, and affiliates.
36 A consolidated registration statement filed by a parent
37 organization must include or be accompanied by financial
38 statements as specified in s. 496.407 for the parent
39 organization and each of its Florida chapters, branches, and
40 affiliates that solicited or received contributions during the
41 preceding fiscal year. However, if all contributions received by
42 chapters, branches, or affiliates are remitted directly into a
43 depository account that feeds directly into the parent
44 organization’s centralized accounting system from which all
45 disbursements are made, the parent organization may submit one
46 consolidated financial statement on a form prescribed by the
47 department. The consolidated financial statement must comply
48 with s. 496.407 and must reflect the activities of each chapter,
49 branch, or affiliate of the parent organization, including all
50 contributions received in the name of each chapter, branch, or
51 affiliate; all payments made to each chapter, branch, or
52 affiliate; and all administrative fees assessed to each chapter,
53 branch, or affiliate. A copy of Internal Revenue Service Form
54 990 and all attached schedules filed for the preceding fiscal
55 year, or a copy of Internal Revenue Service Form 990-EZ and
56 Schedule O for the preceding fiscal year, for the parent
57 organization and each Florida chapter, branch, or affiliate that
58 is required to file such forms must be attached to the
59 consolidated financial statement.
60 (4)(a) Every charitable organization, sponsor, or parent
61 organization filing on behalf of one or more chapters, branches,
62 or affiliates that is required to register under this section
63 must pay a single registration fee. A parent organization filing
64 on behalf of one or more chapters, branches, or affiliates shall
65 total all contributions received by the chapters, branches, or
66 affiliates included in the registration statement to determine
67 registration fees. Fees shall be assessed as follows:
68 1.a. Ten dollars, if the contributions received for the
69 last fiscal or calendar year were less than $5,000; or
70 b. Ten dollars, if the contributions actually raised or
71 received from the public during the immediately preceding fiscal
72 year by such organization or sponsor are no more than $50,000
73 and the fundraising activities of such organization or sponsor
74 are carried on by volunteers, members, officers, or permanent
75 employees, who are not compensated, primarily to solicit such
76 contributions, provided no part of the assets or income of such
77 organization or sponsor inures to the benefit of or is paid to
78 any officer or member of such organization or sponsor or to any
79 professional fundraising consultant, professional solicitor, or
80 commercial co-venturer;
81 2. Seventy-five dollars, if the contributions received for
82 the last fiscal year were $5,000 or more, but less than
83 $100,000;
84 3. One hundred twenty-five dollars, if the contributions
85 received for the last fiscal year were $100,000 or more, but
86 less than $200,000;
87 4. Two hundred dollars, if the contributions received for
88 the last fiscal year were $200,000 or more, but less than
89 $500,000;
90 5. Three hundred dollars, if the contributions received for
91 the last fiscal year were $500,000 or more, but less than $1
92 million;
93 6. Three hundred fifty dollars, if the contributions
94 received for the last fiscal year were $1 million or more, but
95 less than $10 million;
96 7. Four hundred dollars, if the contributions received for
97 the last fiscal year were $10 million or more.
98 Section 16. Paragraph (d) of subsection (1) and paragraph
99 (a) of subsection (2) of section 496.406, Florida Statutes, are
100 amended to read:
101 496.406 Exemption from registration.—
102 (1) The following charitable organizations and sponsors are
103 exempt from the requirements of s. 496.405:
104 (d) A charitable organization or sponsor that has less than
105 $50,000 in total contributions revenue during a fiscal year if
106 the fundraising activities of such organization or sponsor are
107 carried on by volunteers, members, or officers who are not
108 compensated and no part of the assets or income of such
109 organization or sponsor inures to the benefit of or is paid to
110 any officer or member of such organization or sponsor or to any
111 professional fundraising consultant, professional solicitor, or
112 commercial co-venturer. If a charitable organization or sponsor
113 that has less than $50,000 in total contributions revenue during
114 a fiscal year actually acquires total contributions revenue
115 equal to or in excess of $50,000, the charitable organization or
116 sponsor must register with the department as required by s.
117 496.405 within 30 days after the date the contributions reach
118 revenue reaches $50,000.
119 (2) Before soliciting contributions, a charitable
120 organization or sponsor claiming to be exempt from the
121 registration requirements of s. 496.405 under paragraph (1)(d)
122 must submit annually to the department, on forms prescribed by
123 the department:
124 (a) The name, street address, and telephone number of the
125 charitable organization or sponsor, the name under which it
126 intends to solicit contributions, the purpose for which it is
127 organized, and the purpose or purposes for which the
128 contributions to be solicited will be used.
129 Section 17. Paragraph (a) of subsection (1) and subsection
130 (3) of section 496.407, Florida Statutes, are amended to read:
131 496.407 Financial statement.—
132 (1) A charitable organization or sponsor that is required
133 to initially register or annually renew registration must file
134 an annual financial statement for the immediately preceding
135 fiscal year on a form prescribed by the department.
136 (a) The statement must include the following:
137 1. A balance sheet.
138 2. A statement of support, revenue and expenses, and any
139 change in the fund balance.
140 3. The names and street addresses of the charitable
141 organizations or sponsors, professional fundraising consultant,
142 professional solicitors, and commercial co-venturers used, if
143 any, and the amounts received therefrom, if any.
144 4. A statement of functional expenses that must include,
145 but is not limited to, expenses in the following categories:
146 a. Program service costs.
147 b. Management and general costs.
148 c. Fundraising costs.
149 (3) Upon a showing of good cause by a charitable
150 organization or sponsor, The department may extend the time for
151 the filing of a financial statement required under this section
152 by up to 180 days, during which time the previous registration
153 shall remain active. The registration must shall be
154 automatically suspended for failure to file the financial
155 statement within the extension period.
156 Section 18. Paragraph (c) of subsection (2) of section
157 496.409, Florida Statutes, is amended to read:
158 496.409 Registration and duties of professional fundraising
159 consultant.—
160 (2) Applications for registration or renewal of
161 registration must be submitted on a form prescribed by the
162 department, signed by an authorized official of the professional
163 fundraising consultant who shall certify that the report is true
164 and correct, and must include the following information:
165 (c) The names and street residence addresses of all
166 principals of the applicant, including all officers, directors,
167 and owners.
168 Section 19. Paragraphs (d) and (j) of subsection (2),
169 paragraph (c) of subsection (6), paragraphs (a), (b), and (h) of
170 subsection (10), and subsection (11) of section 496.410, Florida
171 Statutes, are amended to read:
172 496.410 Registration and duties of professional
173 solicitors.—
174 (2) Applications for registration or renewal of
175 registration must be submitted on a form prescribed by rule of
176 the department, signed by an authorized official of the
177 professional solicitor who shall certify that the report is true
178 and correct, and must include the following information:
179 (d) The names and street residence addresses of all
180 principals of the applicant, including all officers, directors,
181 and owners.
182 (j) A list of all telephone numbers the applicant will use
183 to solicit contributions as well as the actual street physical
184 address associated with each telephone number and any fictitious
185 names associated with such address.
186 (6) No less than 15 days before commencing any solicitation
187 campaign or event, the professional solicitor must file with the
188 department a solicitation notice on a form prescribed by the
189 department. The notice must be signed and sworn to by the
190 contracting officer of the professional solicitor and must
191 include:
192 (c) The legal name and street residence address of each
193 person responsible for directing and supervising the conduct of
194 the campaign.
195 (10) During each solicitation campaign, and for not less
196 than 3 years after its completion, the professional solicitor
197 shall maintain the following records:
198 (a) The date and amount of each contribution received and
199 the name, street address, and telephone number of each
200 contributor.
201 (b) The name and residence street address of each employee,
202 agent, and any other person, however designated, who is involved
203 in the solicitation, the amount of compensation paid to each,
204 and the dates on which the payments were made.
205 (h) If a refund of a contribution has been requested, the
206 name and street address of each person requesting the refund,
207 and, if a refund was made, its amount and the date it was made.
208 (11) If the professional solicitor sells tickets to any
209 event and represents that the tickets will be donated for use by
210 another person, the professional solicitor also must shall
211 maintain for the same period as specified in subsection (10) the
212 following records:
213 (a) The name and street address of each contributor who
214 purchases or donates tickets and the number of tickets purchased
215 or donated by the contributor.
216 (b) The name and street address of each organization that
217 receives the donated tickets for the use of others, and the
218 number of tickets received by the organization.
219 Section 20. Paragraph (a) of subsection (2) of section
220 496.4101, Florida Statutes, is amended to read:
221 496.4101 Licensure of professional solicitors and certain
222 employees thereof.—
223 (2) Persons required to obtain a solicitor license under
224 subsection (1) shall submit to the department, in such form as
225 the department prescribes, an application for a solicitor
226 license. The application must include the following information:
227 (a) The true name, date of birth, unique identification
228 number of a driver license or other valid form of
229 identification, and street home address of the applicant.
230 Section 21. Paragraph (c) of subsection (2) of section
231 496.411, Florida Statutes, is amended, and paragraph (e) of that
232 subsection is reenacted, to read:
233 496.411 Disclosure requirements and duties of charitable
234 organizations and sponsors.—
235 (2) A charitable organization or sponsor soliciting in this
236 state must include all of the following disclosures at the point
237 of solicitation:
238 (c) Upon request, the name and either the street address or
239 telephone number of a representative to whom inquiries may be
240 addressed.
241 (e) Upon request, the source from which a written financial
242 statement may be obtained. Such financial statement must be for
243 the immediate preceding fiscal year and must be consistent with
244 the annual financial statement filed under s. 496.407. The
245 written financial statement must be provided within 14 days
246 after the request and must state the purpose for which funds are
247 raised, the total amount of all contributions raised, the total
248 costs and expenses incurred in raising contributions, the total
249 amount of contributions dedicated to the stated purpose or
250 disbursed for the stated purpose, and whether the services of
251 another person or organization have been contracted to conduct
252 solicitation activities.
253 Section 22. Paragraph (a) of subsection (2) of section
254 496.4121, Florida Statutes, is amended to read:
255 496.4121 Collection receptacles used for donations.—
256 (2) A collection receptacle must display a permanent sign
257 or label on each side which contains the following information
258 printed in letters that are at least 3 inches in height and no
259 less than one-half inch in width, in a color that contrasts with
260 the color of the collection receptacle:
261 (a) For a collection receptacle used by a person required
262 to register under this chapter, the name, street business
263 address, telephone number, and registration number of the
264 charitable organization or sponsor for whom the solicitation is
265 made.
266 Section 23. Paragraph (a) of subsection (2) and subsection
267 (6) of section 496.425, Florida Statutes, are amended to read:
268 496.425 Solicitation of funds within public transportation
269 facilities.—
270 (2) Any person desiring to solicit funds within a facility
271 shall first obtain a written permit therefor from the authority
272 responsible for the administration of the facility.
273 (a) An application in writing for such permit must shall be
274 submitted to the authority and must state shall set forth:
275 1. The full name, street mailing address, and telephone
276 number of the person or organization sponsoring, promoting, or
277 conducting the proposed activities;
278 2. The full name, street mailing address, and telephone
279 number of each person who will participate in such activities
280 and of the person who will have supervision of and
281 responsibility for the proposed activities;
282 3. A description of the proposed activities indicating the
283 type of communication to be involved;
284 4. The dates on and the hours during which the activities
285 are proposed to be carried out and the expected duration of the
286 proposed activities; and
287 5. The number of persons to be engaged in such activities.
288 (6) Each individual solicitor shall display prominently on
289 her or his person a badge or insignia, provided by the solicitor
290 and approved by the authority, bearing the signature of a
291 responsible officer of the authority and that of the solicitor
292 and describing the solicitor by name, age, height, weight, eye
293 color, hair color, street address, and principal occupation and
294 indicating the name of the organization for which funds are
295 solicited.
296 Section 24. Effective upon this act becoming a law, present
297 paragraphs (k) through (y) of subsection (1) of section 500.03,
298 Florida Statutes, are redesignated as paragraphs (l) through
299 (z), respectively, a new paragraph (k) is added to that
300 subsection, and present paragraph (m) of that subsection is
301 reenacted, to read:
302 500.03 Definitions; construction; applicability.—
303 (1) For the purpose of this chapter, the term:
304 (k) “Cultivated meat” means any meat or food product
305 produced from cultured animal cells.
306 (n)(m) “Food” includes:
307 1. Articles used for food or drink for human consumption;
308 2. Chewing gum;
309 3. Articles used for components of any such article;
310 4. Articles for which health claims are made, which claims
311 are approved by the Secretary of the United States Department of
312 Health and Human Services and which claims are made in
313 accordance with s. 343(r) of the federal act, and which are not
314 considered drugs solely because their labels or labeling contain
315 health claims;
316 5. Dietary supplements as defined in 21 U.S.C. s.
317 321(ff)(1) and (2); and
318 6. Hemp extract as defined in s. 581.217.
319
320 The term includes any raw, cooked, or processed edible
321 substance; ice; any beverage; or any ingredient used, intended
322 for use, or sold for human consumption.
323 Section 25. Paragraph (f) of subsection (3) of section
324 581.217, Florida Statutes, is amended to read:
325 581.217 State hemp program.—
326 (3) DEFINITIONS.—As used in this section, the term:
327 (f) “Hemp extract” means hemp a substance or compound
328 intended for ingestion, containing more than trace amounts of a
329 cannabinoid which is intended for ingestion, or for inhalation
330 but which is derived from or contains hemp and which does not
331 contain controlled substances. The term does not include
332 synthetic cannabidiol or seeds or seed-derived ingredients that
333 are generally recognized as safe by the United States Food and
334 Drug Administration.
335 Section 26. Effective upon this act becoming a law, section
336 500.452, Florida Statutes, is created to read:
337 500.452 Cultivated meat; prohibition; penalties.—
338 (1) It is unlawful for any person to manufacture for sale,
339 sell, hold or offer for sale, or distribute cultivated meat in
340 this state.
341 (2) A person who knowingly violates this section commits a
342
343 ================= T I T L E A M E N D M E N T ================
344 And the title is amended as follows:
345 Delete lines 74 - 107
346 and insert:
347 deleting certain fees; amending s. 496.406, F.S.;
348 revising the circumstances under which charitable
349 organizations or sponsors are exempt from specified
350 provisions; revising the information that charitable
351 organizations and sponsors must provide to the
352 department when claiming certain exemptions; amending
353 s. 496.407, F.S.; revising the information charitable
354 organizations or sponsors are required to provide to
355 the department when initially registering or annually
356 renewing a registration; revising circumstances under
357 which the department may extend the time for filing a
358 required financial statement; amending ss. 496.409,
359 496.410, 496.4101, 496.411, 496.4121, and 496.425,
360 F.S.; revising the information that professional
361 fundraising consultants must include in applications
362 for registration or renewals of registration, that
363 professional solicitors must include in applications
364 for registration, renewals of registration, and
365 solicitation notices provided to the department and
366 that professional solicitors are required to maintain
367 in their records, that must be included in certain
368 solicitor license applications, that disclosures of
369 charitable organizations or sponsors soliciting in
370 this state must include, that must be displayed on
371 certain collection receptacles, and that a person
372 desiring to solicit funds within a facility must
373 provide in an application to the department and must
374 display prominently on his or her badge or insignia,
375 respectively, to include street addresses; reenacting
376 and amending s. 500.03, F.S.; defining the term
377 “cultivated meat”; amending s. 581.217, F.S.;
378 redefining the term “hemp extract”; creating s.
379 500.452, F.S.; prohibiting the manufacture for sale,
380 sale, holding or offering