Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 638
       
       
       
       
       
       
                                Ì600582#Î600582                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2014           .                                
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       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (p) of subsection (7) of section
    6  212.08, Florida Statutes, is amended to read:
    7         212.08 Sales, rental, use, consumption, distribution, and
    8  storage tax; specified exemptions.—The sale at retail, the
    9  rental, the use, the consumption, the distribution, and the
   10  storage to be used or consumed in this state of the following
   11  are hereby specifically exempt from the tax imposed by this
   12  chapter.
   13         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   14  entity by this chapter do not inure to any transaction that is
   15  otherwise taxable under this chapter when payment is made by a
   16  representative or employee of the entity by any means,
   17  including, but not limited to, cash, check, or credit card, even
   18  when that representative or employee is subsequently reimbursed
   19  by the entity. In addition, exemptions provided to any entity by
   20  this subsection do not inure to any transaction that is
   21  otherwise taxable under this chapter unless the entity has
   22  obtained a sales tax exemption certificate from the department
   23  or the entity obtains or provides other documentation as
   24  required by the department. Eligible purchases or leases made
   25  with such a certificate must be in strict compliance with this
   26  subsection and departmental rules, and any person who makes an
   27  exempt purchase with a certificate that is not in strict
   28  compliance with this subsection and the rules is liable for and
   29  shall pay the tax. The department may adopt rules to administer
   30  this subsection.
   31         (p) Section 501(c)(3) organizations.—Also exempt from the
   32  tax imposed by this chapter are sales or leases to organizations
   33  determined by the Internal Revenue Service to be currently
   34  exempt from federal income tax pursuant to s. 501(c)(3) of the
   35  Internal Revenue Code of 1986, as amended, if when such leases
   36  or purchases are used in carrying on their customary nonprofit
   37  activities, unless such organizations are subject to a final
   38  disqualification order issued by the Department of Agriculture
   39  and Consumer Services pursuant to s. 496.430.
   40         Section 2. Subsection (3) of section 212.084, Florida
   41  Statutes, is amended, and subsection (7) is added to that
   42  section, to read:
   43         212.084 Review of exemption certificates; reissuance;
   44  specified expiration date; temporary exemption certificates.—
   45         (3) After review is completed and it has been determined
   46  that an institution, organization, or individual is actively
   47  engaged in a bona fide exempt endeavor and is not subject to a
   48  final disqualification order issued by the Department of
   49  Agriculture and Consumer Services pursuant to s. 496.430, the
   50  department shall reissue an exemption certificate to the entity.
   51  However, each certificate so reissued is valid for 5 consecutive
   52  years, at which time the review and reissuance procedure
   53  provided by this section apply again. If the department
   54  determines that an entity no longer qualifies for an exemption,
   55  it shall revoke the tax exemption certificate of the entity.
   56         (7) The department shall revoke or refuse to grant a sales
   57  tax exemption certificate to an institution, organization, or
   58  individual that is the subject of a final disqualification order
   59  issued by the Department of Agriculture and Consumer Services
   60  pursuant to s. 496.430. A revocation or denial under this
   61  subsection is subject to challenge under chapter 120 only as to
   62  whether a disqualification order is in effect. The institution,
   63  organization, or individual must appeal or challenge the
   64  validity of the disqualification order pursuant to s.
   65  496.430(2).
   66         Section 3. Section 496.403, Florida Statutes, is amended to
   67  read:
   68         496.403 Application.—Sections 496.401-496.424 do not apply
   69  to bona fide religious institutions, educational institutions,
   70  and state agencies or other government entities or persons or
   71  organizations who solicit or act as professional fundraising
   72  consultants solely on their behalf of those entities, or to
   73  blood establishments as defined in s. 381.06014. Sections
   74  496.401-496.424 do not apply to political contributions
   75  solicited in accordance with the election laws of this state.
   76         Section 4. Section 496.404, Florida Statutes, is amended to
   77  read:
   78         496.404 Definitions.—As used in ss. 496.401-496.424, the
   79  term:
   80         (1) “Charitable organization” means a any person who is or
   81  holds herself or himself out to be established for any
   82  benevolent, educational, philanthropic, humane, scientific,
   83  artistic, patriotic, social welfare or advocacy, public health,
   84  environmental conservation, civic, or other eleemosynary
   85  purpose, or a any person who in any manner employs a charitable
   86  appeal as the basis for any solicitation or an appeal that
   87  suggests that there is a charitable purpose to any solicitation.
   88  The term It includes a chapter, branch, area office, or similar
   89  affiliate soliciting contributions within the state for a
   90  charitable organization that which has its principal place of
   91  business outside the state.
   92         (2) “Charitable purpose” means any benevolent,
   93  philanthropic, patriotic, educational, humane, scientific,
   94  artistic, public health, social welfare or advocacy,
   95  environmental conservation, civic, or other eleemosynary
   96  objective.
   97         (3) “Charitable sales promotion” means an advertising or
   98  sales campaign conducted by a commercial co-venturer which
   99  represents that the purchase or use of goods or services offered
  100  by the commercial co-venturer are to benefit a charitable
  101  organization. The provision of advertising services to a
  102  charitable organization does not, in itself, constitute a
  103  charitable sales promotion.
  104         (4) “Commercial co-venturer” means a any person who, for
  105  profit, regularly and primarily is engaged in trade or commerce
  106  other than in connection with solicitation of contributions and
  107  who conducts a charitable sales promotion or a sponsor sales
  108  promotion.
  109         (5) “Contribution” means the promise, pledge, or grant of
  110  any money or property, financial assistance, or any other thing
  111  of value in response to a solicitation. The term “Contribution”
  112  includes, in the case of a charitable organization or sponsor
  113  offering goods and services to the public, the difference
  114  between the direct cost of the goods and services to the
  115  charitable organization or sponsor and the price at which the
  116  charitable organization or sponsor or any person acting on
  117  behalf of the charitable organization or sponsor resells those
  118  goods or services to the public. The term “Contribution” does
  119  not include bona fide fees, dues, or assessments paid by
  120  members, if provided that membership is not conferred solely as
  121  consideration for making a contribution in response to a
  122  solicitation;. “Contribution” also does not include funds
  123  obtained by a charitable organization or sponsor pursuant to
  124  government grants or contracts; funds, or obtained as an
  125  allocation from a United Way organization that is duly
  126  registered with the department; or funds received from an
  127  organization that is exempt from federal income taxation under
  128  s. 501(a) of the Internal Revenue Code and described in s.
  129  501(c) of the Internal Revenue Code which that is duly
  130  registered with the department.
  131         (6) “Crisis” means an event that garners widespread
  132  national or global media coverage due to an actual or perceived
  133  threat of harm to an individual, a group, or a community.
  134         (7)(6) “Department” means the Department of Agriculture and
  135  Consumer Services.
  136         (8) “Disaster” means a natural, technological, or civil
  137  event, including, but not limited to, an explosion, chemical
  138  spill, earthquake, tsunami, landslide, volcanic activity,
  139  avalanche, wildfire, tornado, hurricane, drought, or flood,
  140  which affects one or more countries and causes damage of
  141  sufficient severity and magnitude to result in an official
  142  declaration of a state of emergency or an official request for
  143  international assistance.
  144         (9)(7) “Division” means the Division of Consumer Services
  145  of the Department of Agriculture and Consumer Services.
  146         (10)(8) “Educational institutions” means those institutions
  147  and organizations described in s. 212.08(7)(cc)8.a. The term
  148  includes private nonprofit organizations, the purpose of which
  149  is to raise funds for schools teaching grades kindergarten
  150  through grade 12, colleges, and universities, including any
  151  nonprofit newspaper of free or paid circulation primarily on
  152  university or college campuses which holds a current exemption
  153  from federal income tax under s. 501(c)(3) of the Internal
  154  Revenue Code, any educational television network or system
  155  established pursuant to s. 1001.25 or s. 1001.26, and any
  156  nonprofit television or radio station that is a part of such
  157  network or system and that holds a current exemption from
  158  federal income tax under s. 501(c)(3) of the Internal Revenue
  159  Code. The term also includes a nonprofit educational cable
  160  consortium that holds a current exemption from federal income
  161  tax under s. 501(c)(3) of the Internal Revenue Code, whose
  162  primary purpose is the delivery of educational and instructional
  163  cable television programming and whose members are composed
  164  exclusively of educational organizations that hold a valid
  165  consumer certificate of exemption and that are either an
  166  educational institution as defined in this subsection or
  167  qualified as a nonprofit organization pursuant to s. 501(c)(3)
  168  of the Internal Revenue Code.
  169         (11)(9) “Emergency service employee” means an any employee
  170  who is a firefighter, as defined in s. 633.102, or ambulance
  171  driver, emergency medical technician, or paramedic, as defined
  172  in s. 401.23.
  173         (12)(10) “Federated fundraising organization” means a
  174  federation of independent charitable organizations that which
  175  have voluntarily joined together, including, but not limited to,
  176  a united way or community chest, for purposes of raising and
  177  distributing contributions for and among themselves and where
  178  membership does not confer operating authority and control of
  179  the individual organization upon the federated group
  180  organization.
  181         (13)(11) “Fundraising costs” means those costs incurred in
  182  inducing others to make contributions to a charitable
  183  organization or sponsor for which the contributors will receive
  184  no direct economic benefit. Fundraising costs include, but are
  185  not limited to, salaries, rent, acquiring and obtaining mailing
  186  lists, printing, mailing, and all direct and indirect costs of
  187  soliciting, as well as the cost of unsolicited merchandise sent
  188  to encourage contributions.
  189         (14)(12) “Law enforcement officer” means a any person who
  190  is elected, appointed, or employed by any municipality or the
  191  state or any political subdivision thereof and:
  192         (a) Who is vested with authority to bear arms and make
  193  arrests and whose primary responsibility is the prevention and
  194  detection of crime or the enforcement of the criminal, traffic,
  195  or highway laws of the state; or
  196         (b) Whose responsibility includes supervision, protection,
  197  care, custody, or control of inmates within a correctional
  198  institution.
  199         (15) “Management and general costs” means all such costs of
  200  a charitable organization or sponsor which are not identifiable
  201  with a single program or fundraising activity but which are
  202  indispensable to the conduct of such programs and activities and
  203  the charitable organization’s or sponsor’s existence.
  204         (16)(13) “Membership” means the relationship of a person to
  205  an organization which that entitles her or him to the
  206  privileges, professional standing, honors, or other direct
  207  benefit of the organization in addition to the right to vote,
  208  elect officers, and hold office in the organization.
  209         (17)(14) “Owner” means a any person who has a direct or
  210  indirect interest in any professional fundraising consultant or
  211  professional solicitor.
  212         (18)(15) “Parent organization” means that part of a
  213  charitable organization or sponsor which coordinates,
  214  supervises, or exercises control over policy, fundraising, and
  215  expenditures or assists or advises one or more of the
  216  organization’s chapters, branches, or affiliates in this state.
  217         (19)(16) “Person” means an any individual, organization,
  218  trust, foundation, group, association, entity, partnership,
  219  corporation, society, or any combination thereof of them.
  220         (20)(17) “Professional fundraising consultant” means a any
  221  person who is retained by a charitable organization or sponsor
  222  for a fixed fee or rate under a written agreement to plan,
  223  manage, conduct, carry on, advise, consult, or prepare material
  224  for a solicitation of contributions in this state, but who does
  225  not solicit contributions or employ, procure, or engage any
  226  compensated person to solicit contributions and who does not at
  227  any time have custody or control of contributions. A bona fide
  228  volunteer or bona fide employee or salaried officer of a
  229  charitable organization or sponsor maintaining a permanent
  230  establishment in this state is not a professional fundraising
  231  consultant. An attorney, investment counselor, or banker who
  232  advises an individual, corporation, or association to make a
  233  charitable contribution is not a professional fundraising
  234  consultant as the result of such advice.
  235         (21)(18) “Professional solicitor” means a any person who,
  236  for compensation, performs for a charitable organization or
  237  sponsor any service in connection with which contributions are
  238  or will be solicited in, or from a location in, this state by
  239  the compensated person or by any person it employs, procures, or
  240  otherwise engages, directly or indirectly, to solicit
  241  contributions, or a person who plans, conducts, manages, carries
  242  on, advises, consults, whether directly or indirectly, in
  243  connection with the solicitation of contributions for or on
  244  behalf of a charitable organization or sponsor, but who does not
  245  qualify as a professional fundraising consultant. A bona fide
  246  volunteer or bona fide employee or salaried officer of a
  247  charitable organization or sponsor maintaining a permanent
  248  establishment in this state is not a professional solicitor. An
  249  attorney, investment counselor, or banker who advises an
  250  individual, corporation, or association to make a charitable
  251  contribution is not a professional solicitor as the result of
  252  such advice.
  253         (22) “Program service costs” means all expenses incurred
  254  primarily to accomplish the charitable organization or sponsor’s
  255  stated purposes. The term does not include fundraising costs.
  256         (23)(19) “Religious institution” means any church,
  257  ecclesiastical or denominational organization, or established
  258  physical place for worship in this state at which nonprofit
  259  religious services and activities are regularly conducted and
  260  carried on, and includes those bona fide religious groups which
  261  do not maintain specific places of worship. The term “Religious
  262  institution” also includes any separate group or corporation
  263  which forms an integral part of a religious institution which is
  264  exempt from federal income tax under the provisions of s.
  265  501(c)(3) of the Internal Revenue Code, and which is not
  266  primarily supported by funds solicited outside its own
  267  membership or congregation.
  268         (24)(20) “Solicitation” means a request, directly or
  269  indirectly, for money, property, financial assistance, or any
  270  other thing of value on the plea or representation that such
  271  money, property, financial assistance, or other thing of value
  272  or a portion of it will be used for a charitable or sponsor
  273  purpose or will benefit a charitable organization or sponsor.
  274  The term “Solicitation” includes, but is not limited to, the
  275  following methods of requesting or securing the promise, pledge,
  276  or grant of money, property, financial assistance, or any other
  277  thing of value:
  278         (a) Making any oral or written request;
  279         (b) Making any announcement to the press, on radio or
  280  television, by telephone or telegraph, or by any other
  281  communication device concerning an appeal or campaign by or for
  282  any charitable organization or sponsor or for any charitable or
  283  sponsor purpose;
  284         (c) Distributing, circulating, posting, or publishing any
  285  handbill, written advertisement, or other publication that
  286  directly or by implication seeks to obtain any contribution; or
  287         (d) Selling or offering or attempting to sell any
  288  advertisement, advertising space, book, card, coupon, chance,
  289  device, magazine, membership, merchandise, subscription,
  290  sponsorship, flower, admission, ticket, food, or other service
  291  or tangible good, item, or thing of value, or any right of any
  292  description in connection with which any appeal is made for any
  293  charitable organization or sponsor or charitable or sponsor
  294  purpose, or when the name of any charitable organization or
  295  sponsor is used or referred to in any such appeal as an
  296  inducement or reason for making the sale or when, in connection
  297  with the sale or offer or attempt to sell, any statement is made
  298  that all or part of the proceeds from the sale will be used for
  299  any charitable or sponsor purpose or will benefit any charitable
  300  organization or sponsor.
  301  
  302  A solicitation is considered as having taken place whether or
  303  not the person making the solicitation receives any
  304  contribution. A solicitation does not occur when a person
  305  applies for a grant or an award to the government or to an
  306  organization that is exempt from federal income taxation under
  307  s. 501(a) of the Internal Revenue Code and described in s.
  308  501(c) of the Internal Revenue Code and is duly registered with
  309  the department.
  310         (25)(21) “Sponsor” means a group or person that which is or
  311  holds itself out to be soliciting contributions by the use of
  312  any name that which implies that the group or person is in any
  313  way affiliated with or organized for the benefit of emergency
  314  service employees or law enforcement officers and the group or
  315  person which is not a charitable organization. The term includes
  316  a chapter, branch, or affiliate that which has its principal
  317  place of business outside the state, if such chapter, branch, or
  318  affiliate solicits or holds itself out to be soliciting
  319  contributions in this state.
  320         (26)(22) “Sponsor purpose” means any program or endeavor
  321  performed to benefit emergency service employees or law
  322  enforcement officers.
  323         (27)(23) “Sponsor sales promotion” means an advertising or
  324  sales campaign conducted by a commercial co-venturer who
  325  represents that the purchase or use of goods or services offered
  326  by the commercial co-venturer will be used for a sponsor purpose
  327  or donated to a sponsor. The provision of advertising services
  328  to a sponsor does not, in itself, constitute a sponsor sales
  329  promotion.
  330         Section 5. Subsection (1), paragraphs (a) and (g) of
  331  subsection (2), subsection (3), paragraph (b) of subsection (4),
  332  and subsections (7) and (8) of section 496.405, Florida
  333  Statutes, are amended, and subsections (9) and (10) are added to
  334  that section, to read:
  335         496.405 Registration statements by charitable organizations
  336  and sponsors.—
  337         (1)(a) A charitable organization or sponsor, unless
  338  exempted pursuant to s. 496.406, which intends to solicit
  339  contributions in this state by any means or have funds solicited
  340  on its behalf by any other person, charitable organization,
  341  sponsor, commercial co-venturer, or professional solicitor, or
  342  that participates in a charitable sales promotion or sponsor
  343  sales promotion, must, before prior to engaging in any of these
  344  activities, file an initial registration statement, and a
  345  renewal statement annually thereafter, with the department.
  346         (a)(b)Except as provided in paragraph (b), any changes in
  347  the information submitted on the initial registration statement
  348  or the last renewal statement must be updated annually on a
  349  renewal statement provided by the department on or before the
  350  date that marks 1 year after the date the department approved
  351  the initial registration statement as provided in this section.
  352  The department shall annually provide a renewal statement to
  353  each registrant by mail or by electronic mail at least 30 days
  354  before the renewal date.
  355         (b) Any changes to the information submitted to the
  356  department pursuant to paragraph (2)(d) on the initial
  357  registration statement or the last renewal statement must be
  358  reported to the department on a form prescribed by the
  359  department within 10 days after the change occurs.
  360         (c) A charitable organization or sponsor that is required
  361  to file an initial registration statement or annual renewal
  362  statement may not, before prior to approval of its statement by
  363  the department in accordance with subsection (7), solicit
  364  contributions or have contributions solicited on its behalf by
  365  any other person, charitable organization, sponsor, commercial
  366  co-venturer, or professional solicitor, or participate in a
  367  charitable sales promotion or sponsor sales promotion.
  368         (d) For good cause shown, the department may extend the
  369  time for the filing of an annual renewal statement or financial
  370  report for a period not to exceed 60 days, during which time the
  371  previous registration remains in effect.
  372         (d)(e)In no event shall The registration of a charitable
  373  organization or sponsor may not continue in effect and shall
  374  expire without further action of the department:
  375         1. After the date the charitable organization or sponsor
  376  should have filed, but failed to file, its renewal statement
  377  financial report in accordance with this section.
  378         2.For failure to provide a financial statement within any
  379  extension period provided under and s. 496.407. The organization
  380  may not file a renewal statement until it has filed the required
  381  financial report with the department.
  382         (2) The initial registration statement must be submitted on
  383  a form prescribed by the department, signed by an authorized
  384  official of the charitable organization or sponsor who shall
  385  certify that the registration statement is true and correct, and
  386  include the following information or material:
  387         (a) A copy of the financial statement report or Internal
  388  Revenue Service Form 990 and all attached schedules or Internal
  389  Revenue Service Form 990-EZ and Schedule O required under s.
  390  496.407 for the immediately preceding fiscal year. A newly
  391  organized charitable organization or sponsor with no financial
  392  history must file a budget for the current fiscal year.
  393         (g) The following information must be filed with the
  394  initial registration statement and must be updated when any
  395  change occurs in the information that was previously filed with
  396  the initial registration statement:
  397         1. The principal street address and telephone number of the
  398  charitable organization or sponsor and the street address and
  399  telephone numbers of any offices in this state or, if the
  400  charitable organization or sponsor does not maintain an office
  401  in this state, the name, street address, and telephone number of
  402  the person who that has custody of its financial records. The
  403  parent organization that files a consolidated registration
  404  statement on behalf of its chapters, branches, or affiliates
  405  must additionally provide the street addresses and telephone
  406  numbers of all such locations in this state.
  407         2. The names and street addresses of the officers,
  408  directors, trustees, and the principal salaried executive
  409  personnel.
  410         3. The date when the charitable organization’s or sponsor’s
  411  fiscal year ends.
  412         4. A list or description of the major program activities.
  413         5. The names, street addresses, and telephone numbers of
  414  the individuals or officers who have final responsibility for
  415  the custody of the contributions and who will be responsible for
  416  the final distribution of the contributions.
  417         (3) Each chapter, branch, or affiliate of a parent
  418  organization that is required to register under this section
  419  must either file a separate registration statement and financial
  420  statement report or must report the required information to its
  421  parent organization, which shall then file, on a form prescribed
  422  by the department, a consolidated registration statement for the
  423  parent organization and its Florida chapters, branches, and
  424  affiliates. A consolidated registration statement filed by a
  425  parent organization must include or be accompanied by financial
  426  statements reports as specified in s. 496.407 for the parent
  427  organization and each of its Florida chapters, branches, and
  428  affiliates that solicited or received contributions during the
  429  preceding fiscal year. However, if all contributions received by
  430  chapters, branches, or affiliates are remitted directly into a
  431  depository account that which feeds directly into the parent
  432  organization’s centralized accounting system from which all
  433  disbursements are made, the parent organization may submit one
  434  consolidated financial statement report on a form prescribed by
  435  the department. A copy of Internal Revenue Service Form 990 and
  436  all attached schedules filed for the preceding fiscal year, or a
  437  copy of Internal Revenue Form 990-EZ and Schedule O for the
  438  preceding fiscal year, for the parent organization and each
  439  Florida chapter, branch, or affiliate that is required to file
  440  such forms must be attached to the consolidated financial
  441  statement. The consolidated financial statement must comply with
  442  the requirements of s. 496.407 and must reflect the activities
  443  of each chapter, branch, or affiliate of the parent
  444  organization, including all contributions received in the name
  445  of each chapter, branch, or affiliate; all payments made to each
  446  chapter, branch, or affiliate; and all administrative fees
  447  assessed to each chapter, branch, or affiliate.
  448         (4)
  449         (b) A charitable organization or sponsor that which fails
  450  to file a registration statement by the due date may be assessed
  451  an additional fee for such late filing. The late filing fee is
  452  shall be $25 for each month or part of a month after the date on
  453  which the annual renewal statement was and financial report were
  454  due to be filed with the department.
  455         (7)(a) The department must examine each initial
  456  registration statement or annual renewal statement and the
  457  supporting documents filed by a charitable organization or
  458  sponsor and shall determine whether the registration
  459  requirements are satisfied. Within 15 business working days
  460  after its receipt of a statement, the department must examine
  461  the statement, notify the applicant of any apparent errors or
  462  omissions, and request any additional information the department
  463  is allowed by law to require. Failure to correct an error or
  464  omission or to supply additional information is not grounds for
  465  denial of the initial registration or annual renewal statement
  466  unless the department has notified the applicant within such
  467  period of 15 business days the 15-working-day period. The
  468  department must approve or deny each statement, or must notify
  469  the applicant that the activity for which she or he seeks
  470  registration is exempt from the registration requirement, within
  471  15 business working days after receipt of the initial
  472  registration or annual renewal statement or the requested
  473  additional information or correction of errors or omissions. Any
  474  statement that is not approved or denied within 15 business
  475  working days after receipt of the requested additional
  476  information or correction of errors or omissions is approved.
  477  Within 7 business working days after receipt of a notification
  478  that the registration requirements are not satisfied, the
  479  charitable organization or sponsor may request a hearing. The
  480  hearing must be held within 7 business working days after
  481  receipt of the request, and any recommended order, if one is
  482  issued, must be rendered within 3 business working days of the
  483  hearing. The final order must then be issued within 2 business
  484  working days after the recommended order. If a recommended order
  485  is not issued, the final order must be issued within 5 business
  486  working days after the hearing. The proceedings must be
  487  conducted in accordance with chapter 120, except that the time
  488  limits and provisions set forth in this subsection prevail to
  489  the extent of any conflict.
  490         (b) If a charitable organization or sponsor discloses
  491  information specified in subparagraphs (2)(d)2.-7. in the
  492  initial registration statement or annual renewal statement, the
  493  time limits of this subsection are waived, and the department
  494  shall process such initial registration statement or annual
  495  renewal statement in accordance with the time limits in chapter
  496  120. The registration of a charitable organization or sponsor
  497  shall be automatically suspended for failure to disclose any
  498  information specified in subparagraphs (2)(d)2.-7. until such
  499  time as the required information is submitted to the department.
  500         (8) A No charitable organization or sponsor, or any
  501  officer, director, trustee, or employee thereof, may not shall
  502  knowingly allow any officer, director, trustee, or employee of
  503  the charitable organization or sponsor of its officers,
  504  directors, trustees, or employees to solicit contributions on
  505  behalf of such charitable organization or sponsor if such
  506  officer, director, trustee, or employee has, in any state,
  507  regardless of adjudication, been convicted of, or found guilty
  508  of, or pled guilty or nolo contendere to, or has been
  509  incarcerated within the last 10 years as a result of having
  510  previously been convicted of, or found guilty of, or pled guilty
  511  or nolo contendere to, any felony within the last 10 years or
  512  any crime within the last 10 years involving fraud, theft,
  513  larceny, embezzlement, fraudulent conversion, misappropriation
  514  of property, or any crime arising from the conduct of a
  515  solicitation for a charitable organization or sponsor, or has
  516  been enjoined, in any state, from violating any law relating to
  517  a charitable solicitation. The prohibitions in this subsection
  518  also apply to any misdemeanor in another state which constitutes
  519  a disqualifying felony in this state.
  520         (9) The department may deny or revoke the registration of a
  521  charitable organization or sponsor if the charitable
  522  organization or sponsor, or any officer, director, or trustee
  523  thereof, has had the right to solicit contributions revoked in
  524  any state or has been ordered by any court or governmental
  525  agency to cease soliciting contributions within any state.
  526         (10) A charitable organization or sponsor registered under
  527  this section which ends solicitation activities or participation
  528  in charitable sales promotions in this state shall immediately
  529  notify the department in writing of the date such activities
  530  ceased.
  531         Section 6. Section 496.4055, Florida Statutes, is created
  532  to read:
  533         496.4055 Charitable organization or sponsor board duties.—
  534         (1) As used in this section, the term “conflict of interest
  535  transaction” means a transaction between a charitable
  536  organization or sponsor and another party in which a director,
  537  officer, or trustee of the charitable organization or sponsor
  538  has a direct or indirect financial interest. The term includes,
  539  but is not limited to, the sale, lease, or exchange of property
  540  to or from the charitable organization or sponsor; the lending
  541  of moneys to or borrowing of moneys from the charitable
  542  organization or sponsor; and the payment of compensation for
  543  services provided to or from the charitable organization or
  544  sponsor.
  545         (2) The board of directors, or an authorized committee
  546  thereof, of a charitable organization or sponsor required to
  547  register with the department under s. 496.405 shall adopt a
  548  policy regarding conflict of interest transactions. The policy
  549  must require annual certification of compliance with the policy
  550  by all directors, officers, and trustees of the charitable
  551  organization or sponsor.
  552         (3) The charitable organization or sponsor shall provide to
  553  the department a copy of the policy adopted under subsection (2)
  554  with the annual registration statement required under s.
  555  496.405.
  556         Section 7. Section 496.407, Florida Statutes, is amended to
  557  read:
  558         496.407 Financial statement report.—
  559         (1) A charitable organization or sponsor that is required
  560  to initially register or annually renew registration must file
  561  an annual financial statement report for the immediately
  562  preceding fiscal year on upon a form prescribed by the
  563  department.
  564         (a) The statement report must include the following:
  565         1.(a) A balance sheet.
  566         2.(b) A statement of support, revenue and expenses, and any
  567  change in the fund balance.
  568         3.(c) The names and addresses of the charitable
  569  organizations or sponsors, professional fundraising consultant,
  570  professional solicitors, and commercial co-venturers used, if
  571  any, and the amounts received from each of them, if any.
  572         4.(d) A statement of functional expenses that must include,
  573  but not be limited to, expenses in the following categories:
  574         a.1. Program service costs.
  575         b.2. Management and general costs.
  576         c.3. Fundraising costs.
  577         (b) The financial statement must be audited, or reviewed as
  578  follows:
  579         1. For a charitable organization or sponsor that receives
  580  less than $500,000 in annual contributions, a compilation,
  581  audit, or review of the financial statement is optional.
  582         2. For a charitable organization or sponsor that receives
  583  at least $500,000 but less than $1 million in annual
  584  contributions, the financial statement shall be reviewed or
  585  audited by an independent certified public accountant.
  586         3. For a charitable organization or sponsor that receives
  587  $1 million or more in annual contributions, the financial
  588  statement shall be audited by an independent certified public
  589  accountant.
  590         (c) Audits and reviews shall be prepared in accordance with
  591  the following standards:
  592         1. Audits shall be prepared by an independent certified
  593  public account in accordance with generally accepted auditing
  594  standards, including the Statements on Auditing Standards.
  595         2. Reviews shall be prepared by an independent certified
  596  public accountant in accordance with the Statements on Standards
  597  for Accounting and Review Services.
  598         (d) Audited and reviewed financial statements must be
  599  accompanied by a report signed and prepared by the independent
  600  certified public accountant performing such audit or review.
  601         (2) In lieu of the financial statement report described in
  602  subsection (1), a charitable organization or sponsor may submit
  603  as its financial statement a copy of its Internal Revenue
  604  Service Form 990 and all attached schedules filed for the
  605  preceding fiscal year, or a copy of its Internal Revenue Service
  606  Form 990-EZ and Schedule O filed for the preceding fiscal year.
  607  Such forms and schedules submitted by a charitable organization
  608  or sponsor that receives at least $500,000 in annual
  609  contributions must be prepared by a certified public accountant
  610  or other professional who normally prepares such forms and
  611  schedules in the ordinary course of their business.
  612         (3) Upon a showing of good cause by a charitable
  613  organization or sponsor, the department may extend the time for
  614  the filing of a financial statement required under this section
  615  by up to 180 days, during which time the previous registration
  616  shall remain active. The registration shall be automatically
  617  suspended for failure to file the financial statement within the
  618  extension period.
  619         (4) Upon a showing of good cause, the department may
  620  require that an audit or review be conducted for any financial
  621  statement submitted by any charitable organization or sponsor.
  622  As used in this subsection, the term “good cause” includes, but
  623  is not limited to, irregular or inconsistent information
  624  provided on a charitable organization’s or sponsor’s financial
  625  statement. A charitable organization or sponsor may elect to
  626  also include a financial report that has been audited by an
  627  independent certified public accountant or an audit with opinion
  628  by an independent certified public accountant. In the event that
  629  a charitable organization or sponsor elects to file an audited
  630  financial report, this optional filing must be noted in the
  631  department’s annual report submitted pursuant to s. 496.423.
  632         Section 8. Section 496.4071, Florida Statutes, is created
  633  to read:
  634         496.4071Supplemental financial disclosure.—
  635         (1) If, for the immediately preceding fiscal year, a
  636  charitable organization or sponsor had more than $1 million in
  637  total revenue and spent less than 25 percent of the
  638  organization’s total annual functional expenses on program
  639  service costs, in addition to any financial statement required
  640  under s. 496.407, the charitable organization or sponsor shall
  641  file the following supplemental financial information on a form
  642  prescribed by the department:
  643         (a) The dollar amount and the percentage of total revenue
  644  and charitable contributions allocated to funding each of the
  645  following administrative functions:
  646         1. Total salaries of all persons employed by the charitable
  647  organization or sponsor.
  648         2. Fundraising, including the names of any professional
  649  solicitors, amounts paid to the professional solicitors, and
  650  contributions received from a professional solicitor’s campaign.
  651         3. Travel expenses.
  652         4. Overhead and other expenses related to managing and
  653  administering the charitable organization or sponsor.
  654         (b) The name of and specific sum earned by or paid to all
  655  employees or consultants who earned or were paid more than
  656  $100,000 during the immediately preceding fiscal year.
  657         (c) The name of and specific sum paid to all service
  658  providers who were paid $100,000 or more during the immediately
  659  preceding fiscal year and a brief description of the services
  660  provided.
  661         (d) The dollar amount and percentage of total revenue and
  662  charitable contributions allocated to programs.
  663         (e) The details of any economic or business transactions
  664  between the charitable organization or sponsor and an officer,
  665  trustee, or director of the charitable organization or sponsor;
  666  the immediate family of an officer, trustee, or director of the
  667  charitable organization or sponsor; any entity controlled by an
  668  officer, trustee, or director of the charitable organization or
  669  sponsor; any entity controlled by the immediate family of an
  670  officer, trustee, or director of the charitable organization or
  671  sponsor; any entity that employed or engaged for consultation an
  672  officer, trustee, or director of the charitable organization or
  673  sponsor; and any entity that employed or engaged for
  674  consultation the immediate family of an officer, trustee, or
  675  director of the charitable organization or sponsor. As used in
  676  this paragraph, the term “immediate family” means a parent,
  677  spouse, child, sibling, grandparent, grandchild, brother-in-law,
  678  sister-in-law, son-in-law, daughter-in-law, mother-in-law, or
  679  father-in-law.
  680         (2) The supplemental financial information required under
  681  subsection (1) must be filed with the department by the
  682  charitable organization or sponsor within 30 days after
  683  receiving a request for such information from the department.
  684         Section 9. Section 496.4072, Florida Statutes, is created
  685  to read:
  686         496.4072 Financial statements for specific disaster relief
  687  solicitations.—
  688         (1) A charitable organization or sponsor that solicits
  689  contributions in this state for a charitable purpose related to
  690  a specific disaster or crisis and receives at least $100,000 in
  691  contributions in response to such solicitation shall file
  692  quarterly disaster relief financial statements with the
  693  department on a form prescribed by the department. The quarterly
  694  statements must detail the contributions secured as a result of
  695  the solicitation and the manner in which such contributions were
  696  expended.
  697         (2) The first quarterly statement shall be filed on the
  698  last day of the third month following the accrual of at least
  699  $100,000 in contributions after the commencement of
  700  solicitations for the specific disaster or crisis. The
  701  charitable organization or sponsor shall continue to file
  702  quarterly statements with the department until the quarter after
  703  all contributions raised in response to the solicitation are
  704  expended.
  705         (3) The department shall post notice on its website of the
  706  specific disasters and crises subject to the additional
  707  reporting requirements in this section within 10 days after such
  708  disaster or crisis.
  709         Section 10. Subsections (4), (6), and (9) of section
  710  496.409, Florida Statutes, are amended, and subsection (10) is
  711  added to that section, to read:
  712         496.409 Registration and duties of professional fundraising
  713  consultant.—
  714         (4) A professional fundraising consultant may enter into a
  715  contract or agreement with a charitable organization or sponsor
  716  only if the charitable organization or sponsor has complied with
  717  all applicable provisions of this chapter. A Every contract or
  718  agreement between a professional fundraising consultant and a
  719  charitable organization or sponsor must be in writing, signed by
  720  two authorized officials of the charitable organization or
  721  sponsor, and filed by the professional fundraising consultant
  722  with the department at least 5 days before prior to the
  723  performance of any material service by the professional
  724  fundraising consultant. Solicitation under the contract or
  725  agreement may not begin before the filing of the contract or
  726  agreement.
  727         (6)(a) The department shall examine each registration
  728  statement and all supporting documents filed by a professional
  729  fundraising consultant and determine whether the registration
  730  requirements are satisfied. If the department determines that
  731  the registration requirements are not satisfied, the department
  732  must notify the professional fundraising consultant within 15
  733  business working days after its receipt of the registration
  734  statement; otherwise the registration statement is approved.
  735  Within 7 business working days after receipt of a notification
  736  that the registration requirements are not satisfied, the
  737  applicant may request a hearing. The hearing must be held within
  738  7 business working days after receipt of the request, and any
  739  recommended order, if one is issued, must be rendered within 3
  740  business working days after the hearing. The final order must
  741  then be issued within 2 business working days after the
  742  recommended order. If there is no recommended order, the final
  743  order must be issued within 5 business working days after the
  744  hearing. The proceedings must be conducted in accordance with
  745  chapter 120, except that the time limits and provisions set
  746  forth in this subsection prevail to the extent of any conflict.
  747         (b) If a professional fundraising consultant discloses
  748  information specified in paragraphs (2)(e)-(g) in the initial
  749  application for registration or renewal application, the
  750  processing time limits of this subsection are waived and the
  751  department shall process the initial application for
  752  registration or the renewal application in accordance with the
  753  time limits in chapter 120. The registration of a professional
  754  consultant shall be automatically suspended for failure to
  755  disclose any information specified in paragraphs (2)(e)-(g)
  756  until such time as the required information is submitted to the
  757  department.
  758         (9) A No person may not act as a professional fundraising
  759  consultant, and a no professional fundraising consultant, or any
  760  officer, director, trustee, or employee thereof, may not shall
  761  knowingly employ any officer, trustee, director, or employee, if
  762  such person has, in any state, regardless of adjudication, been
  763  convicted of, or found guilty of, or pled guilty or nolo
  764  contendere to, or has been incarcerated within the last 10 years
  765  as a result of having previously been convicted of, or found
  766  guilty of, or pled guilty or nolo contendere to, any crime
  767  within the last 10 years involving fraud, theft, larceny,
  768  embezzlement, fraudulent conversion, or misappropriation of
  769  property, or any crime arising from the conduct of a
  770  solicitation for a charitable organization or sponsor, or has
  771  been enjoined in any state from violating any law relating to a
  772  charitable solicitation.
  773         (10) The department may deny or revoke the registration of
  774  a professional fundraising consultant if the professional
  775  fundraising consultant, or any of its officers, directors, or
  776  trustees, has had the right to solicit contributions revoked in
  777  any state or has been ordered by any court or governmental
  778  agency to cease soliciting contributions within any state.
  779         Section 11. Present subsections (3), (5), (7), (14), and
  780  (15) of section 496.410, Florida Statutes, are amended,
  781  paragraphs (j), (k), and (l) are added to subsection (2) of that
  782  section, paragraphs (i) through (n) are added to subsection (6)
  783  of that section, and a new subsection (15) is added to that
  784  section, to read:
  785         496.410 Registration and duties of professional
  786  solicitors.—
  787         (2) Applications for registration or renewal of
  788  registration must be submitted on a form prescribed by rule of
  789  the department, signed by an authorized official of the
  790  professional solicitor who shall certify that the report is true
  791  and correct, and must include the following information:
  792         (j) A list of all telephone numbers the applicant will use
  793  to solicit contributions as well as the actual physical address
  794  associated with each telephone number and any fictitious names
  795  associated with such address.
  796         (k) A copy of any script, outline, or presentation used by
  797  the applicant to solicit contributions or, if such solicitation
  798  aids are not used, written confirmation thereof.
  799         (l) A copy of sales information or literature provided to a
  800  donor or potential donor by the applicant in connection with a
  801  solicitation.
  802         (3) The application for registration must be accompanied by
  803  a fee of $300. A professional solicitor that is a partnership or
  804  corporation may register for and pay a single fee on behalf of
  805  all of its partners, members, officers, directors, agents, and
  806  employees. In that case, The names and street addresses of all
  807  the officers, employees, and agents of the professional
  808  solicitor and all other persons with whom the professional
  809  solicitor has contracted to work under its direction, including
  810  solicitors, must be listed in the application or furnished to
  811  the department within 5 days after the date of employment or
  812  contractual arrangement. Each registration is valid for 1 year
  813  and. The registration may be renewed for an additional 1-year
  814  period upon application to the department and payment of the
  815  registration fee.
  816         (5)(a) The department must examine each registration
  817  statement and supporting documents filed by a professional
  818  solicitor. If the department determines that the registration
  819  requirements are not satisfied, the department must notify the
  820  professional solicitor within 15 business working days after its
  821  receipt of the registration statement; otherwise the
  822  registration statement is approved. Within 7 business working
  823  days after receipt of a notification that the registration
  824  requirements are not satisfied, the applicant may request a
  825  hearing. The hearing must be held within 7 business working days
  826  after receipt of the request, and any recommended order, if one
  827  is issued, must be rendered within 3 business working days after
  828  the hearing. The final order must then be issued within 2
  829  business working days after the recommended order. If there is
  830  no recommended order, the final order must be issued within 5
  831  business working days after the hearing. The proceedings must be
  832  conducted in accordance with chapter 120, except that the time
  833  limits and provisions set forth in this subsection prevail to
  834  the extent of any conflict.
  835         (b) If a professional solicitor makes a disclosure
  836  specified in paragraphs (2)(f)-(h) in the initial application
  837  for registration or the renewal application, the processing time
  838  limits of this subsection are waived and the department shall
  839  process the initial application for registration or renewal
  840  application in accordance with the time limits in chapter 120.
  841  The registration of a professional solicitor shall be
  842  automatically suspended for failure to disclose any information
  843  specified in paragraphs (2)(f)-(h) until such time as the
  844  required information is submitted to the department.
  845         (6) No less than 15 days before commencing any solicitation
  846  campaign or event, the professional solicitor must file with the
  847  department a solicitation notice on a form prescribed by the
  848  department. The notice must be signed and sworn to by the
  849  contracting officer of the professional solicitor and must
  850  include:
  851         (i) A statement of the guaranteed minimum percentage of the
  852  gross receipts from contributions which will be remitted to the
  853  charitable organization or sponsor, if any, or, if the
  854  solicitation involves the sale of goods, services, or tickets to
  855  a fundraising event, the percentage of the purchase price which
  856  will be remitted to the charitable organization or sponsor, if
  857  any.
  858         (j) The percentage of a contribution which may be deducted
  859  as a charitable contribution under federal income tax laws.
  860         (k) A statement as to whether any owner, director, officer,
  861  trustee, or employee of the professional solicitor is related as
  862  a parent, spouse, child, sibling, grandparent, grandchild,
  863  brother-in-law, sister-in-law, son-in-law, daughter-in-law,
  864  mother-in-law, or father-in-law to:
  865         1. Another officer, director, owner, trustee, or employee
  866  of the professional solicitor.
  867         2. Any officer, director, owner, trustee, or employee of a
  868  charitable organization or sponsor under contract to the
  869  professional solicitor.
  870         3. Any supplier or vendor providing goods or services to a
  871  charitable organization or sponsor under contract to the
  872  professional solicitor.
  873         (l) The beginning and ending dates of the solicitation
  874  campaign.
  875         (m) A copy of any script, outline, or presentation used by
  876  the professional solicitor to solicit contributions for the
  877  solicitation campaign. If such aids are not used, written
  878  confirmation thereof.
  879         (n) A copy of sales information or literature provided to a
  880  donor or potential donor by the professional solicitor in
  881  connection with the solicitation campaign.
  882         (7) A professional solicitor may enter into a contract or
  883  agreement with a charitable organization or sponsor only if the
  884  charitable organization or sponsor has complied with all
  885  applicable provisions of this chapter. A Each contract or
  886  agreement between a professional solicitor and a charitable
  887  organization or sponsor for each solicitation campaign must be
  888  in writing, signed by two authorized officials of the charitable
  889  organization or sponsor, one of whom must be a member of the
  890  organization’s governing body and one of whom must be the
  891  authorized contracting officer for the professional solicitor,
  892  and contain all of the following provisions:
  893         (a) A statement of the charitable or sponsor purpose and
  894  program for which the solicitation campaign is being conducted.
  895         (b) A statement of the respective obligations of the
  896  professional solicitor and the charitable organization or
  897  sponsor.
  898         (c) A statement of the guaranteed minimum percentage of the
  899  gross receipts from contributions which will be remitted to the
  900  charitable organization or sponsor, if any, or, if the
  901  solicitation involves the sale of goods, services, or tickets to
  902  a fundraising event, the percentage of the purchase price which
  903  will be remitted to the charitable organization or sponsor, if
  904  any. Any stated percentage shall exclude any amount which the
  905  charitable organization or sponsor is to pay as fundraising
  906  costs.
  907         (d) A statement of the percentage of the gross revenue
  908  which the professional solicitor will be compensated. If the
  909  compensation of the professional solicitor is not contingent
  910  upon the number of contributions or the amount of revenue
  911  received, his or her compensation shall be expressed as a
  912  reasonable estimate of the percentage of the gross revenue, and
  913  the contract must clearly disclose the assumptions upon which
  914  the estimate is based. The stated assumptions must be based upon
  915  all of the relevant facts known to the professional solicitor
  916  regarding the solicitation to be conducted by the professional
  917  solicitor.
  918         (e) The effective and termination dates of the contract.
  919         (14) A No person may not act as a professional solicitor,
  920  and a no professional solicitor, or any officer, director,
  921  trustee, or employee thereof, may not shall, to solicit for
  922  compensation, knowingly employ any officer, trustee, director,
  923  employee, or any person with a controlling interest therein, who
  924  has, in any state, regardless of adjudication, been convicted
  925  of, or found guilty of, or pled guilty or nolo contendere to, or
  926  has been incarcerated within the last 10 years as a result of
  927  having previously been convicted of, or found guilty of, or pled
  928  guilty or nolo contendere to, a felony within the last 10 years
  929  involving fraud, theft, larceny, embezzlement, fraudulent
  930  conversion, or misappropriation of property, or any crime
  931  arising from the conduct of a solicitation for a charitable
  932  organization or sponsor, or has been enjoined in any state from
  933  violating any law relating to a charitable solicitation. The
  934  prohibitions in this subsection also apply to any misdemeanor in
  935  another state which constitutes a disqualifying felony in this
  936  state.
  937         (15) The department may deny or revoke the registration of
  938  a professional solicitor if the professional solicitor, or any
  939  of its officers, directors, trustees, or agents, has had the
  940  right to solicit contributions revoked in any state or has been
  941  ordered by any court or governmental agency to cease soliciting
  942  contributions within any state.
  943         (16)(15) All registration fees must be paid to the
  944  department and deposited into the General Inspection Trust Fund.
  945         Section 12. Section 496.4101, Florida Statutes, is created
  946  to read:
  947         496.4101 Licensure of professional solicitors and certain
  948  employees thereof.—
  949         (1) Each officer, director, trustee, or owner of a
  950  professional solicitor and any employee of a professional
  951  solicitor conducting telephonic solicitations must, before
  952  engaging in solicitation activities, obtain a solicitor license
  953  from the department.
  954         (2) Persons required to obtain a solicitor license under
  955  subsection (1) shall submit to the department, in such form as
  956  the department prescribes, an application for a solicitor
  957  license. The application must include all of the following
  958  information:
  959         (a)The true name, date of birth, unique identification
  960  number of a driver license or other valid form of
  961  identification, and home address of the applicant.
  962         (b)If the applicant, in any state, regardless of
  963  adjudication, has previously been convicted of, or found guilty
  964  of, or pled guilty or nolo contendere to, or has been
  965  incarcerated within the last 10 years as a result of having
  966  previously been convicted of, or found guilty of, or pled guilty
  967  or nolo contendere to, any crime within the last 10 years
  968  involving fraud, theft, larceny, embezzlement, fraudulent
  969  conversion, or misappropriation of property, or any crime
  970  arising from the conduct of a solicitation for a charitable
  971  organization or sponsor, or has been enjoined, in any state,
  972  from violating any law relating to a charitable solicitation.
  973         (c)If the applicant, in any state, is involved in pending
  974  litigation or has had entered against her or him an injunction,
  975  a temporary restraining order, or a final judgment or order,
  976  including a stipulated judgment or order, an assurance of
  977  voluntary compliance, cease and desist, or any similar document,
  978  in any civil or administrative action involving fraud, theft,
  979  larceny, embezzlement, fraudulent conversion, or
  980  misappropriation of property, or has been enjoined from
  981  violating any law relating to a charitable solicitation.
  982         (3)(a)Each applicant must be fingerprinted by an agency,
  983  entity, or vendor that meets the requirements of s. 943.053(13).
  984  The agency, entity, or vendor shall forward a complete set of
  985  the applicant’s fingerprints to the Department of Law
  986  Enforcement for state processing, and the Department of Law
  987  Enforcement shall forward the applicant’s fingerprints to the
  988  Federal Bureau of Investigation for national processing.
  989         (b) Fees for state and national fingerprint processing and
  990  retention shall be borne by the applicant. The state cost for
  991  fingerprint processing is that authorized in s. 943.053(3)(b)
  992  for records provided to persons or entities other than those
  993  specified as exceptions therein.
  994         (c)All fingerprints submitted to the Department of Law
  995  Enforcement as required under this subsection shall be retained
  996  by the Department of Law Enforcement as provided under s.
  997  943.05(2)(g) and (h) and enrolled in the Federal Bureau of
  998  Investigation’s national retained print arrest notification
  999  program. Fingerprints may not be enrolled in the national
 1000  retained print arrest notification program until the Department
 1001  of Law Enforcement begins participation with the Federal Bureau
 1002  of Investigation. Arrest fingerprints will be searched against
 1003  the retained prints by the Department of Law Enforcement and the
 1004  Federal Bureau of Investigation.
 1005         (d)For any renewal of the applicant’s license, the
 1006  department shall request the Department of Law Enforcement to
 1007  forward the retained fingerprints of the applicant to the
 1008  Federal Bureau of Investigation unless the applicant is enrolled
 1009  in the national retained print arrest notification program
 1010  described in paragraph (c). The fee for the national criminal
 1011  history check will be paid as part of the renewal fee to the
 1012  department and forwarded by the department to Department of Law
 1013  Enforcement. If the applicant’s fingerprints are retained in the
 1014  national retained print arrest notification program, the
 1015  applicant shall pay the state and national retention fee to the
 1016  department which will forward the fee to the Department of Law
 1017  Enforcement.
 1018         (e)The department shall notify the Department of Law
 1019  Enforcement regarding any person whose fingerprints have been
 1020  retained but who is no longer licensed under this chapter.
 1021         (f)The department shall screen background results to
 1022  determine if an applicant meets licensure requirements.
 1023         (4) A solicitor license must be renewed annually by the
 1024  submission of a renewal application. A solicitor license that is
 1025  not renewed expires without further action by the department.
 1026         (5) Each applicant for a solicitor license shall remit a
 1027  license fee of $100 to the department at the time the initial
 1028  application is filed with the department and an annual renewal
 1029  fee of $100 thereafter. All fees collected, less the cost of
 1030  administration, shall be deposited into the General Inspection
 1031  Trust Fund.
 1032         (6) Any material change to the information submitted to the
 1033  department in the initial application or renewal application for
 1034  a solicitor license shall be reported to the department by the
 1035  applicant or licensee within 10 days after the change occurs.
 1036  The applicant or licensee shall also remit a fee in the amount
 1037  of $10 for processing the change to the initial or renewal
 1038  application.
 1039         (7) It is a violation of this chapter:
 1040         (a) For an applicant to provide inaccurate or incomplete
 1041  information to the department in the initial or renewal
 1042  application for a solicitor license.
 1043         (b) For any person specified in subsection (1) to fail to
 1044  maintain a solicitor license as required by this section.
 1045         (c) For a professional solicitor to allow, require, permit,
 1046  or authorize an employee without an active solicitor license
 1047  issued under this section to conduct telephonic solicitations.
 1048         (8) The department shall adopt rules that allow applicants
 1049  to engage in solicitation activities on an interim basis until
 1050  such time as a solicitor license is granted or denied.
 1051         (9) The department may deny or revoke any solicitor license
 1052  if the applicant or licensee has had the right to solicit
 1053  contributions revoked in any state, has been ordered by any
 1054  court or governmental agency to cease soliciting contributions
 1055  within any state, or is subject to any disqualification
 1056  specified in s. 496.410(14).
 1057         (10) Any administrative proceeding conducted pursuant to
 1058  this section must be conducted in accordance with chapter 120.
 1059         Section 13. Subsections (2) and (3) of section 496.411,
 1060  Florida Statutes, are amended to read:
 1061         496.411 Disclosure requirements and duties of charitable
 1062  organizations and sponsors.—
 1063         (2) A charitable organization or sponsor soliciting in this
 1064  state must include all of the following disclosures at the point
 1065  of solicitation:
 1066         (a) The name of the charitable organization or sponsor and
 1067  state of the principal place of business of the charitable
 1068  organization or sponsor.;
 1069         (b) A description of the purpose or purposes for which the
 1070  solicitation is being made.;
 1071         (c) Upon request, the name and either the address or
 1072  telephone number of a representative to whom inquiries could be
 1073  addressed.;
 1074         (d) Upon request, the amount of the contribution which may
 1075  be deducted as a charitable contribution under federal income
 1076  tax laws.;
 1077         (e) Upon request, the source from which a written financial
 1078  statement may be obtained. Such financial statement must be for
 1079  the immediate preceding past fiscal year and must be consistent
 1080  with the annual financial statement report filed under s.
 1081  496.407. The written financial statement must be provided within
 1082  14 days after the request and must state the purpose for which
 1083  funds are raised, the total amount of all contributions raised,
 1084  the total costs and expenses incurred in raising contributions,
 1085  the total amount of contributions dedicated to the stated
 1086  purpose or disbursed for the stated purpose, and whether the
 1087  services of another person or organization have been contracted
 1088  to conduct solicitation activities.
 1089         (3) Every charitable organization or sponsor that which is
 1090  required to register under s. 496.405 or is exempt under s.
 1091  496.406(1)(d) shall must conspicuously display in capital
 1092  letters the following statement on every printed solicitation,
 1093  written confirmation, receipt, or reminder of a contribution:
 1094  
 1095         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
 1096         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
 1097         CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE
 1098         STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT,
 1099         APPROVAL, OR RECOMMENDATION BY THE STATE.”
 1100  
 1101  The statement must include a toll-free number and website for
 1102  the division which that can be used to obtain the registration
 1103  information. If When the solicitation consists of more than one
 1104  piece, the statement must be displayed prominently in the
 1105  solicitation materials. If the solicitation occurs through a
 1106  website, the statement must be conspicuously displayed on the
 1107  webpage where donations are requested.
 1108         Section 14. Subsection (1) of section 496.412, Florida
 1109  Statutes, is amended to read:
 1110         496.412 Disclosure requirements and duties of professional
 1111  solicitors.—
 1112         (1) A professional solicitor must comply with and be
 1113  responsible for complying or causing compliance with the
 1114  following disclosures:
 1115         (a) Before Prior to orally requesting a contribution, or
 1116  contemporaneously with a written request for a contribution, a
 1117  professional solicitor must clearly disclose:
 1118         1. The name of the professional solicitor as on file with
 1119  the department.
 1120         2. If the individual acting on behalf of the professional
 1121  solicitor identifies himself or herself by name, the
 1122  individual’s legal name.
 1123         3. The name and state of the principal place of business of
 1124  the charitable organization or sponsor and a description of how
 1125  the contributions raised by the solicitation will be used for a
 1126  charitable or sponsor purpose; or, if there is no charitable
 1127  organization or sponsor, a description as to how the
 1128  contributions raised by the solicitation will be used for a
 1129  charitable or sponsor purpose.
 1130         (b) In the case of a solicitation campaign conducted
 1131  orally, whether by telephone or otherwise, any written
 1132  confirmation, receipt, or reminder sent to any person who has
 1133  contributed or has pledged to contribute, shall include a clear
 1134  disclosure of the information required by paragraph (a).
 1135         (c) In addition to the information required by paragraph
 1136  (a), any written confirmation, receipt, or reminder of
 1137  contribution made pursuant to an oral solicitation and any
 1138  written solicitation shall conspicuously state in capital
 1139  letters:
 1140  
 1141         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
 1142         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
 1143         CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE
 1144         STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT,
 1145         APPROVAL, OR RECOMMENDATION BY THE STATE.”
 1146  
 1147  The statement must include a toll-free number and website for
 1148  the division which that can be used to obtain the registration
 1149  information. If When the solicitation consists of more than one
 1150  piece, the statement must be displayed prominently in the
 1151  solicitation materials. If the solicitation occurs on a website,
 1152  the statement must be conspicuously displayed on the webpage
 1153  where donations are requested.
 1154         (d) If requested by the person being solicited, the
 1155  professional solicitor shall inform that person in writing,
 1156  within 14 days after of the request, of the fixed percentage of
 1157  the gross revenue or the reasonable estimate of the percentage
 1158  of the gross revenue that the charitable organization or sponsor
 1159  will receive as a benefit from the solicitation campaign or
 1160  shall immediately notify the person being solicited that the
 1161  information is available on the department’s website or by
 1162  calling the division’s toll-free number.
 1163         (e) If requested by the person being solicited, the
 1164  professional solicitor shall inform that person in writing,
 1165  within 14 days after of the request, of the percentage of the
 1166  contribution which may be deducted as a charitable contribution
 1167  under federal income tax laws or shall immediately notify the
 1168  person being solicited that the information is available on the
 1169  department’s website or by calling the division’s toll-free
 1170  number.
 1171         Section 15. Section 496.4121, Florida Statutes, is created
 1172  to read:
 1173         496.4121 Collection receptacles used for donations.—
 1174         (1) As used in this section, the term “collection
 1175  receptacle” means a receptacle used to collect donated clothing,
 1176  household items, or other goods for resale.
 1177         (2) A collection receptacle must display a permanent sign
 1178  or label on each side which contains the following information
 1179  printed in letters that are at least 3 inches in height and no
 1180  less than one-half inch in width, in a color that contrasts with
 1181  the color of the collection receptacle:
 1182         (a) For collection receptacles used by a person required to
 1183  register under this chapter, the name, business address,
 1184  telephone number, and registration number of the charitable
 1185  organization or sponsor for whom the solicitation is made.
 1186         (b) For collection receptacles placed or maintained in
 1187  public view by a person not required to register under this
 1188  chapter or by a person not claiming an exemption pursuant to s.
 1189  496.406, the name, telephone number, and physical address of the
 1190  business conducting the solicitation and the statement: “This is
 1191  not a charity. Donations made here support a for-profit business
 1192  and are not tax deductible.”
 1193         (3) Upon request, a charitable organization or sponsor
 1194  using a collection receptacle must provide the donor with
 1195  documentation of its tax-exempt status and the registration
 1196  issued under this chapter.
 1197         Section 16. Subsection (2) of section 496.415, Florida
 1198  Statutes, is amended, and subsection (18) is added to that
 1199  section, to read:
 1200         496.415 Prohibited acts.—It is unlawful for any person in
 1201  connection with the planning, conduct, or execution of any
 1202  solicitation or charitable or sponsor sales promotion to:
 1203         (2) Knowingly Submit false, misleading, or inaccurate
 1204  information in a document that is filed with the department,
 1205  provided to the public, or offered in response to a request or
 1206  investigation by the department, the Department of Legal
 1207  Affairs, or the state attorney.
 1208         (18) Fail to remit to a charitable organization or sponsor
 1209  the disclosed guaranteed minimum percentage of gross receipts
 1210  from contributions as required under s. 496.410(7)(c) or, if the
 1211  solicitation involved the sale of goods, services, or tickets to
 1212  a fundraising event, the percentage of the purchase price as
 1213  agreed in the contract or agreement as required under this
 1214  chapter.
 1215         Section 17. Subsection (5) of section 496.419, Florida
 1216  Statutes, is amended to read:
 1217         496.419 Powers of the department.—
 1218         (5) Upon a finding as set forth in subsection (4), the
 1219  department may enter an order doing one or more of the
 1220  following:
 1221         (a) Issuing a notice of noncompliance pursuant to s.
 1222  120.695;
 1223         (b) Issuing a cease and desist order that directs that the
 1224  person cease and desist specified fundraising activities;
 1225         (c) Refusing to register or canceling or suspending a
 1226  registration;
 1227         (d) Placing the registrant on probation for a period of
 1228  time, subject to such conditions as the department may specify;
 1229         (e) Canceling an exemption granted under s. 496.406; and
 1230         (f) Except as provided in paragraph (g), imposing an
 1231  administrative fine not to exceed $5,000 $1,000 for each act or
 1232  omission that which constitutes a violation of ss. 496.401
 1233  496.424 or s. 496.426 or a rule or order. With respect to a s.
 1234  501(c)(3) organization, the penalty imposed pursuant to this
 1235  subsection may shall not exceed $500 per violation for failure
 1236  to register under s. 496.405 or file for an exemption under s.
 1237  496.406(2). The penalty shall be the entire amount per violation
 1238  and is not to be interpreted as a daily penalty; and
 1239         (g) Imposing an administrative fine not to exceed $10,000
 1240  for a violation of this chapter that involves fraud or
 1241  deception.
 1242         Section 18. Section 496.4191, Florida Statutes, is created
 1243  to read:
 1244         496.4191Additional penalty; immediate suspension.—Upon
 1245  notification and subsequent written verification by a law
 1246  enforcement agency, a court, a state attorney, or the Florida
 1247  Department of Law Enforcement, the department shall immediately
 1248  suspend a registration or the processing of an application for a
 1249  registration if the registrant, applicant, or any officer or
 1250  director of the registrant or applicant is formally charged with
 1251  a crime involving fraud, theft, larceny, embezzlement, or
 1252  fraudulent conversion or misappropriation of property or any
 1253  crime arising from the conduct of a solicitation for a
 1254  charitable organization or sponsor until final disposition of
 1255  the case or removal or resignation of that officer or director.
 1256         Section 19. Section 496.430, Florida Statutes, is created
 1257  to read:
 1258         496.430 Disqualification for certain tax exemptions.—
 1259         (1) The department shall issue an order to disqualify a
 1260  charitable organization or sponsor from receiving any sales tax
 1261  exemption certificate issued by the Department of Revenue if the
 1262  department finds, based up on the average of functional expenses
 1263  and program service costs provided to the department pursuant to
 1264  s. 496.407 for the 3 most recent fiscal years, that the
 1265  charitable organization or sponsor has failed to expend at least
 1266  25 percent of its total annual functional expenses on program
 1267  service costs.
 1268         (2) A charitable organization or sponsor may appeal a
 1269  disqualification order by requesting a hearing within 21 days
 1270  after notification from the department that it has issued a
 1271  disqualification order under this section. The hearing must be
 1272  conducted in accordance with chapter 120.
 1273         (3) Notwithstanding a finding under subsection (1) that a
 1274  charitable organization or sponsor has failed to expend at least
 1275  25 percent of its total annual functional expenses on program
 1276  service costs, the department may decline to issue a
 1277  disqualification order if the charitable organization or sponsor
 1278  establishes:
 1279         (a) That payments were made to affiliates which should be
 1280  considered in calculating the program service costs;
 1281         (b) That revenue was accumulated for a specific program
 1282  purpose consistent with representations in solicitations; or
 1283         (c) Such other mitigating circumstances as are defined by
 1284  rule of the department.
 1285         (4) A disqualification order issued by the department
 1286  pursuant to this section is effective for at least 1 year after
 1287  such order becomes final and shall remain effective until such
 1288  time as the department receives sufficient evidence from the
 1289  disqualified charitable organization or sponsor which
 1290  demonstrates it expends at least 25 percent of its total annual
 1291  functional expenses on program service costs.
 1292         (a) The charitable organization or sponsor may not submit
 1293  such evidence to the department sooner than 1 year after the
 1294  disqualification order becomes final and may not submit such
 1295  information more than once each year for consideration by the
 1296  department.
 1297         (b) The department shall also consider any financial
 1298  statement that was submitted by the charitable organization or
 1299  sponsor to the department pursuant to s. 496.407 after the
 1300  disqualification order became final.
 1301         (5) The department shall provide a disqualification order
 1302  to the Department of Revenue within 30 days after such order
 1303  becomes final. A final disqualification order is conclusive as
 1304  to the charitable organization’s or sponsor’s entitlement to any
 1305  sales tax exemption. The Department of Revenue shall revoke or
 1306  refuse to grant a sales tax exemption certificate to a
 1307  charitable organization or sponsor subject to a final
 1308  disqualification order within 30 days after receiving such
 1309  disqualification order. A charitable organization or sponsor may
 1310  not appeal or challenge the revocation or denial of a sales tax
 1311  exemption certificate by the Department of Revenue if such
 1312  revocation or denial is based upon a final disqualification
 1313  order issued pursuant to this section.
 1314         (6) This section does not apply to a charitable
 1315  organization or sponsor that:
 1316         (a) Is not required to register under this chapter with the
 1317  department; or
 1318         (b) Has been in existence for less than 4 years, regardless
 1319  of whether the charitable organization or sponsor is registered
 1320  in this state.
 1321         Section 20. Section 496.431, Florida Statutes, is created
 1322  to read:
 1323         496.431 Severability.—If any provision of this chapter or
 1324  its application to any person or circumstance is held invalid,
 1325  the invalidity does not affect other provisions or applications
 1326  of this chapter which can be given effect without the invalid
 1327  provision or application, and to this end the provisions of this
 1328  chapter are severable.
 1329         Section 21. Paragraph (a) of subsection (3) of section
 1330  741.0305, Florida Statutes, is amended to read:
 1331         741.0305 Marriage fee reduction for completion of
 1332  premarital preparation course.—
 1333         (3)(a) All individuals electing to participate in a
 1334  premarital preparation course shall choose from the following
 1335  list of qualified instructors:
 1336         1. A psychologist licensed under chapter 490.
 1337         2. A clinical social worker licensed under chapter 491.
 1338         3. A marriage and family therapist licensed under chapter
 1339  491.
 1340         4. A mental health counselor licensed under chapter 491.
 1341         5. An official representative of a religious institution
 1342  which is recognized under s. 496.404(23) 496.404(19), if the
 1343  representative has relevant training.
 1344         6. Any other provider designated by a judicial circuit,
 1345  including, but not limited to, school counselors who are
 1346  certified to offer such courses. Each judicial circuit may
 1347  establish a roster of area course providers, including those who
 1348  offer the course on a sliding fee scale or for free.
 1349         Section 22. For the 2014-2015 fiscal year, there is
 1350  appropriated to the Department of Agriculture and Consumer
 1351  Services, the sums of $235,352 in recurring and $239,357 in
 1352  nonrecurring funds from the General Inspection Trust Fund, and 4
 1353  full-time equivalent positions with associated salary rate of
 1354  143,264 are authorized for the purpose of implementing this act.
 1355         Section 23. This act shall take effect July 1, 2014.
 1356  
 1357  ================= T I T L E  A M E N D M E N T ================
 1358  And the title is amended as follows:
 1359         Delete everything before the enacting clause
 1360  and insert:
 1361                        A bill to be entitled                      
 1362         An act relating to charities; amending s. 212.08,
 1363         F.S.; excluding charitable organizations or sponsors
 1364         disqualified by the Department of Agriculture and
 1365         Consumer Services from receiving certain tax
 1366         exemptions; amending s. 212.084, F.S.; requiring the
 1367         Department of Revenue to revoke or deny a sales tax
 1368         exemption to charitable organizations or sponsors
 1369         disqualified by the department; providing for a
 1370         limited appeal of the denial or revocation of the
 1371         sales tax exemption; amending s. 496.403, F.S.;
 1372         revising the applicability of the Solicitation of
 1373         Contributions Act; amending s. 496.404, F.S.; defining
 1374         terms; redefining the term “professional solicitor”;
 1375         amending s. 496.405, F.S.; revising the timeframe
 1376         within which a charitable organization or sponsor must
 1377         report changes to certain information provided to the
 1378         department on an initial or renewal registration
 1379         statement; providing for the automatic expiration of a
 1380         registration for failure to file a renewal or
 1381         financial statement by a certain date; deleting a
 1382         provision to extend the time to file a renewal
 1383         statement; deleting a requirement that the renewal
 1384         statement be filed subsequent to the financial
 1385         statement; specifying the information that must be
 1386         submitted by a parent organization on a consolidated
 1387         financial statement; requiring a parent organization
 1388         to attach certain Internal Revenue Service forms and
 1389         schedules to a consolidated financial statement;
 1390         extending the time allowed for the department to
 1391         review certain initial or renewal registration
 1392         statements; providing that failure of a charitable
 1393         organization or sponsor to make certain disclosures in
 1394         a registration statement results in the automatic
 1395         suspension of an active registration for a specified
 1396         period; prohibiting the officers, directors, trustees,
 1397         or employees of a charitable organization or sponsor
 1398         from allowing certain persons to solicit contributions
 1399         on behalf of the charitable organization or sponsor;
 1400         specifying that the prohibition against certain
 1401         persons soliciting contributions on behalf of a
 1402         charitable organization or sponsor due to the
 1403         commission of certain felonies includes those felonies
 1404         committed in any state as well as any misdemeanor in
 1405         another state which constitutes a disqualifying felony
 1406         in this state; authorizing the department to deny or
 1407         revoke the registration of a charitable organization
 1408         or sponsor under certain circumstances; requiring a
 1409         charitable organization or sponsor that has ended
 1410         solicitation activities in this state to notify the
 1411         department in writing; making technical changes;
 1412         creating s. 496.4055, F.S.; defining the term
 1413         “conflict of interest transaction”; requiring the
 1414         board of directors of a charitable organization or
 1415         sponsor, or an authorized committee thereof, to adopt
 1416         a policy regarding conflict of interest transactions;
 1417         specifying certain requirements of the policy;
 1418         requiring a charitable organization or sponsor to
 1419         provide the department with a copy of the policy;
 1420         amending s. 496.407, F.S.; requiring that the
 1421         financial statements of certain charitable
 1422         organizations or sponsors be audited or reviewed;
 1423         specifying requirements and standards for the audit or
 1424         review of a financial statement; requiring that an
 1425         alternative financial statement submitted by certain
 1426         charitable organizations or sponsors be prepared by a
 1427         certified public accountant or other professional;
 1428         authorizing the department to require an audit or
 1429         review of any financial statement and to extend the
 1430         time to file a financial statement under certain
 1431         circumstances; providing that the registration of a
 1432         charitable organization or sponsor be suspended upon
 1433         its failure to file a financial statement within an
 1434         extension period; making technical changes; creating
 1435         s. 496.4071, F.S.; requiring certain charitable
 1436         organizations or sponsors to report specified
 1437         supplemental financial information to the department
 1438         by a certain date; creating s. 496.4072, F.S.;
 1439         requiring certain charitable organizations or sponsors
 1440         who solicit contributions for a specific disaster
 1441         relief effort to submit quarterly financial statements
 1442         to the department; specifying information to be
 1443         included in the quarterly financial statement and the
 1444         length of the required reporting period; requiring the
 1445         department to post notice of specific disaster relief
 1446         efforts subject the reporting requirements; amending
 1447         ss. 496.409 and 496.410, F.S.; prohibiting a
 1448         professional fundraising consultant or professional
 1449         solicitor from entering into a contract or agreement
 1450         with a charitable organization or sponsor that has not
 1451         complied with certain requirements; extending the time
 1452         that the department may review initial or renewal
 1453         registration statements of professional fundraising
 1454         consultants or professional solicitors which contain
 1455         certain disclosures; providing that the failure of a
 1456         professional fundraising consultant or professional
 1457         solicitor to make certain disclosures in an initial or
 1458         renewal registration statement results in automatic
 1459         suspension of an active registration; prohibiting the
 1460         officers, trustees, directors, or employees of a
 1461         professional fundraising consultant or a professional
 1462         solicitor from allowing certain persons to solicit
 1463         contributions on behalf of the professional
 1464         fundraising consultant or professional solicitor;
 1465         specifying that the prohibition against acting as a
 1466         professional solicitor or the employment of certain
 1467         persons by a professional solicitor due to the
 1468         commission of certain felonies includes those felonies
 1469         committed in any state as well as any misdemeanor in
 1470         another state which constitutes a disqualifying felony
 1471         in this state; authorizing the department to deny or
 1472         revoke the registration of a professional fundraising
 1473         consultant or professional solicitor under certain
 1474         circumstances; revising required information in the
 1475         initial or renewal application of a professional
 1476         solicitor; deleting a provision authorizing the
 1477         payment of a single registration fee for certain
 1478         professional solicitors; requiring a professional
 1479         solicitor to provide additional specified information
 1480         to the department in a solicitation notice; creating
 1481         s. 496.4101, F.S.; requiring each officer, director,
 1482         trustee, or owner of a professional solicitor and any
 1483         employee of a professional solicitor that conducts
 1484         telephone solicitations to obtain a solicitor license
 1485         from the department; specifying application
 1486         information and the application procedure for a
 1487         solicitor license; requiring that each applicant for a
 1488         solicitor license to be fingerprinted by certain
 1489         agencies, entities, or vendors; requiring such
 1490         agencies, entities, or vendors to submit a complete
 1491         set of the applicant’s fingerprints to the Department
 1492         of Law Enforcement for state processing; requiring the
 1493         Department of Law Enforcement to forward the
 1494         applicant’s fingerprints to the Federal Bureau of
 1495         Investigation for national processing; providing that
 1496         fees for fingerprint processing and retention be borne
 1497         by the applicant; providing for retention of the
 1498         fingerprints; requiring the department to notify the
 1499         Department of Law Enforcement of individuals who are
 1500         no longer licensed; requiring that a solicitor license
 1501         be renewed annually or expire automatically upon
 1502         nonrenewal; requiring that an applicant for a
 1503         solicitor license pay certain licensing fees;
 1504         providing that licensing fees be deposited into the
 1505         General Inspection Trust Fund; requiring that an
 1506         applicant for a solicitor license report changes in
 1507         information submitted to the department in a specified
 1508         manner along with a processing fee; specifying
 1509         violations; requiring the department to adopt rules
 1510         allowing applicants to engage in solicitation
 1511         activities without a solicitor license on an interim
 1512         basis; authorizing the department to deny or revoke a
 1513         solicitor license under specified circumstances;
 1514         requiring that certain administrative proceedings be
 1515         conducted pursuant to chapter 120; amending ss.
 1516         496.411 and 496.412, F.S.; expanding and revising
 1517         required solicitation disclosures of charitable
 1518         organizations, sponsors, and professional solicitors;
 1519         requiring that certain exempt charitable organizations
 1520         or sponsors also provide such solicitation
 1521         disclosures; requiring that such solicitation
 1522         disclosures be placed online under certain
 1523         circumstances; creating s. 496.4121, F.S.; defining
 1524         the term “collection receptacle”; requiring that
 1525         collection receptacles display permanent signs or
 1526         labels; specifying requirements for the physical
 1527         appearance of such labels or signs and the information
 1528         displayed thereon; requiring that a charitable
 1529         organization or sponsor using a collection receptacle
 1530         provide certain information to a donor upon request;
 1531         amending s. 496.415, F.S.; providing that the
 1532         submission of false, misleading, or inaccurate
 1533         information in a document connected with a
 1534         solicitation or sales promotion is unlawful; providing
 1535         that the failure to remit specified funds to a
 1536         charitable organization or sponsor is unlawful;
 1537         amending s. 496.419, F.S.; increasing administrative
 1538         fines for violations of the Solicitation of
 1539         Contributions Act; creating s. 496.4191, F.S.;
 1540         requiring the department to immediately suspend a
 1541         registration or processing of an application for
 1542         registration for a specified period if the registrant,
 1543         applicant, or any officer or director thereof is
 1544         criminally charged with certain offenses; creating s.
 1545         496.430, F.S.; requiring the department to disqualify
 1546         a charitable organization or sponsor from receiving a
 1547         sales tax exemption under specified circumstances;
 1548         providing that a charitable organization or sponsor
 1549         may appeal a disqualification order; specifying appeal
 1550         procedure; providing exceptions; providing that a
 1551         disqualification order remains effective for a
 1552         specified period; specifying the procedure to lift a
 1553         disqualification order; requiring the department to
 1554         provide a final disqualification order to the
 1555         Department of Revenue within a specified period;
 1556         providing that a final disqualification order is
 1557         conclusive as to a charitable organization or
 1558         sponsor’s right to a sales tax exemption; requiring
 1559         the Department of Revenue to revoke or deny a sales
 1560         tax exemption to a charitable organization or sponsor
 1561         subject to a final disqualification order within a
 1562         specified period; providing for a limited appeal of
 1563         the revocation or denial of the sales tax exemption;
 1564         providing applicability; creating s. 496.431, F.S.;
 1565         providing for severability; amending s. 741.0305,
 1566         F.S.; conforming a cross-reference; making an
 1567         appropriation; providing an effective date.