The Florida Senate

496.406  Procedures for claiming an exemption from registration.--

(1)

(a)  The following charitable organizations and sponsors are exempt from the requirements of s. 496.405:

1.  A person who is soliciting for a named individual, provided that all the contributions collected without any deductions whatsoever are turned over to the beneficiary for her or his use and provided that the person has complied with the requirements of s. 496.413.

2.  A charitable organization or sponsor which limits solicitation of contributions to the membership of the charitable organization or sponsor. For the purposes of this paragraph, the term "membership" does not include those persons who are granted a membership upon making a contribution as a result of a solicitation.

(b)  The following charitable organizations and sponsors must follow the procedures in subsection (2) in order to be exempt from the requirements of s. 496.405: charitable organizations or sponsors whose fundraising activities are carried on by volunteers, members, officers, or permanent employees who are not compensated primarily to solicit contributions and which do not actually raise or receive contributions from the public in excess of $25,000 during the immediately preceding fiscal year, if no part of their assets or income inures to the benefit of or are paid to any officer or member, professional fundraising consultant, professional solicitor, or commercial co-venturer. Charitable organizations or sponsors which do not intend to solicit and receive contributions in excess of $25,000, but do receive contributions in excess of that amount, shall file an initial registration statement or annual renewal statement with the department pursuant to s. 496.405 within 30 days after contributions are received in excess of that amount.

(2)  Any charitable organization or sponsor claiming to be exempt under paragraph (1)(b) must submit annually to the department, on forms to be prescribed by the department, accompanied by a $10 fee, a sworn statement setting forth the name and address of the organization and its principal executive personnel, the purpose of the organization, and the factual basis for the exemption. In addition, a charitable organization or sponsor claiming to be exempt under paragraph (1)(b) must include a copy of any financial statement, report, or return filed with the Internal Revenue Service. The department must issue annually a letter of exemption to those organizations or sponsors exempt under paragraph (1)(b).

History.--ss. 6, 26, ch. 91-208; ss. 3, 19, ch. 94-287; s. 560, ch. 97-103.