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