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The Florida Senate

2023 Florida Statutes (including 2023C)

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 501 CONSUMER PROTECTION Entire Chapter
SECTION 2042
Unlawful acts and practices by online crowd-funding campaigns.
F.S. 501.2042
501.2042 Unlawful acts and practices by online crowd-funding campaigns.—
(1) As used in this section, the term:
(a) “Crowd-funding campaign” means an online fundraising initiative that is intended to receive monetary donations from donors and is created by an organizer in the interest of a beneficiary.
(b) “Crowd-funding platform” means an entity doing business in this state which provides an online medium for the creation and facilitation of a crowd-funding campaign.
(c) “Disaster” has the same meaning as 1in s. 252.34(2).
(d) “Organizer” means a person who:
1. Resides or is domiciled in this state; and
2. Has an account on a crowd-funding platform and has created a crowd-funding campaign either as a beneficiary or on behalf of a beneficiary, regardless of whether the beneficiary or the crowd-funding campaign has received donations.
a. For crowd-funding campaigns related to and arising out of a declared disaster, a crowd-funding platform must:
(I) Collect and retain, for 1 year after the date of the declared disaster, the name, e-mail address, phone number, and state of residence of the organizer.
(II) Require the organizer to indicate, on the crowd-funding campaign, the state in which they are located.
(III) Cooperate with any investigation by or in partnership with law enforcement.
(IV) Clearly display and direct donors to fundraisers that comply with the crowd-funding platform’s terms of service.
b. When an organizer arranges a crowd-funding campaign related to and arising out of a declared disaster, the organizer must attest that:
(I) All information provided in connection with a crowd-funding campaign is accurate, complete, and not likely to deceive users.
(II) All donations contributed to the crowd-funding campaign will be used solely as described in the materials the organizer posts or provides on the crowd-funding platform.
History.—s. 3, ch. 2023-130.
1Note.—The word “in” was inserted by the editors.