Florida Senate - 2024                                    SB 1458
       
       
        
       By Senator Perry
       
       
       
       
       
       9-01470A-24                                           20241458__
    1                        A bill to be entitled                      
    2         An act relating to charitable organizations; amending
    3         s. 496.404, F.S.; defining the terms “foreign country
    4         of concern” and “foreign source of concern”; amending
    5         s. 496.415, F.S.; prohibiting the solicitation or
    6         acceptance of contributions or anything of value from
    7         a foreign source of concern; creating s. 496.431,
    8         F.S.; requiring the Department of Agriculture and
    9         Consumer Services to create an Honest Services
   10         Registry for a specified purpose; providing
   11         requirements for charitable organizations to be
   12         included on the registry; requiring the department to
   13         publish the registry on its website; requiring the
   14         department to adopt rules; amending s. 741.0305, F.S.;
   15         conforming a cross-reference; reenacting ss. 496.416
   16         and 496.417, F.S., relating to violations as deceptive
   17         or unfair trade practices and criminal penalties,
   18         respectively, to incorporate the amendment made to s.
   19         496.415, F.S., in references thereto; providing an
   20         effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Present subsections (13) through (27) of section
   25  496.404, Florida Statutes, are redesignated as subsections (15)
   26  through (29), respectively, and new subsections (13) and (14)
   27  are added to that section, to read:
   28         496.404 Definitions.—As used in ss. 496.401-496.424, the
   29  term:
   30         (13)“Foreign country of concern” means the People’s
   31  Republic of China, the Russian Federation, the Islamic Republic
   32  of Iran, the Democratic People’s Republic of Korea, the Republic
   33  of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian
   34  Arab Republic, including any agency of or any other entity under
   35  significant control of such foreign country of concern.
   36         (14)“Foreign source of concern” means any of the
   37  following:
   38         (a)The government or any official of the government of a
   39  foreign country of concern;
   40         (b)A political party or member of a political party or any
   41  subdivision of a political party in a foreign country of
   42  concern;
   43         (c)A partnership, an association, a corporation, an
   44  organization, or other combination of persons organized under
   45  the laws of or having its principal place of business in a
   46  foreign country of concern, or a subsidiary of such entity;
   47         (d)Any person who is domiciled in a foreign country of
   48  concern and is not a citizen or lawful permanent resident of the
   49  United States;
   50         (e)An agent, including a subsidiary or an affiliate of a
   51  foreign legal entity, acting on behalf of a foreign source of
   52  concern; or
   53         (f)An entity in which any person, entity, or collection of
   54  persons or entities described in paragraphs (a)-(e) has a
   55  controlling interest. As used in this paragraph, the term
   56  “controlling interest” means the possession of the power to
   57  direct or cause the direction of the management or policies of
   58  an entity, whether through ownership of securities, by contract,
   59  or otherwise. A person or an entity that directly or indirectly
   60  has the right to vote 25 percent or more of the voting interests
   61  of the company or is entitled to 25 percent or more of its
   62  profits is presumed to possess a controlling interest.
   63         Section 2. Subsection (20) is added to section 496.415,
   64  Florida Statutes, to read:
   65         496.415 Prohibited acts.—It is unlawful for any person in
   66  connection with the planning, conduct, or execution of any
   67  solicitation or charitable or sponsor sales promotion to:
   68         (20)Solicit or accept contributions or anything of value,
   69  including contributions or any other assistance, from a foreign
   70  source of concern.
   71         Section 3. Section 496.431, Florida Statutes, is created to
   72  read:
   73         496.431Honest Services Registry.—
   74         (1)The department shall create an Honest Services Registry
   75  to provide the residents of this state with the information
   76  necessary to make an informed choice when deciding which
   77  charitable organizations to support.
   78         (2)To be included on the Honest Services Registry, a
   79  charitable organization must, at a minimum, submit to the
   80  department an attestation, verified as provided in s. 92.525, of
   81  the following:
   82         (a)The organization does not solicit or accept, directly
   83  or indirectly, funding, support, or services from a foreign
   84  source of concern.
   85         (b)The organization’s messaging and content are not
   86  directly or indirectly produced or influenced by a foreign
   87  source of concern.
   88         (3)The department shall publish the Honest Services
   89  Registry on the department’s website.
   90         (4)The department shall adopt rules to implement this
   91  section.
   92         Section 4. Paragraph (a) of subsection (3) of section
   93  741.0305, Florida Statutes, is amended to read:
   94         741.0305 Marriage fee reduction for completion of
   95  premarital preparation course.—
   96         (3)(a) All individuals electing to participate in a
   97  premarital preparation course shall choose from the following
   98  list of qualified instructors:
   99         1. A psychologist licensed under chapter 490.
  100         2. A clinical social worker licensed under chapter 491.
  101         3. A marriage and family therapist licensed under chapter
  102  491.
  103         4. A mental health counselor licensed under chapter 491.
  104         5. An official representative of a religious institution
  105  which is recognized under s. 496.404 s. 496.404(23), if the
  106  representative has relevant training.
  107         6. Any other provider designated by a judicial circuit,
  108  including, but not limited to, school counselors who are
  109  certified to offer such courses. Each judicial circuit may
  110  establish a roster of area course providers, including those who
  111  offer the course on a sliding fee scale or for free.
  112         Section 5. For the purpose of incorporating the amendment
  113  made by this act to section 496.415, Florida Statutes, in a
  114  reference thereto, section 496.416, Florida Statutes, is
  115  reenacted to read:
  116         496.416 Violation as deceptive or unfair trade practice.
  117  Any person who commits an act or practice that violates any
  118  provision of ss. 496.401-496.424 commits an unfair or deceptive
  119  act or practice or unfair method of competition in violation of
  120  chapter 501, part II, and is subject to the penalties and
  121  remedies provided for such violation.
  122         Section 6. For the purpose of incorporating the amendment
  123  made by this act to section 496.415, Florida Statutes, in a
  124  reference thereto, section 496.417, Florida Statutes, is
  125  reenacted to read:
  126         496.417 Criminal penalties.—Except as otherwise provided in
  127  ss. 496.401-496.424, and in addition to any administrative or
  128  civil penalties, any person who willfully and knowingly violates
  129  ss. 496.401-496.424 commits a felony of the third degree,
  130  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  131  For a second or subsequent conviction, such violation
  132  constitutes a felony of the second degree, punishable as
  133  provided in s. 775.082, s. 775.083, or s. 775.084.
  134         Section 7. This act shall take effect July 1, 2024.