Florida SB 1338: Assault Weapons and Large-capacity Magazines

Bill Text

1338 
Charitable Giving 
2026-02-18T08:06:20Z 
Prohibiting a charitable organization that accepts a contribution pursuant to a written donor-imposed restriction from violating the terms of that restriction; requiring a charitable organization to notify a donor, or a donor’s legal representative, if it cannot fulfill a term in the endowment agreement and offer the donor, or the donor’s legal representative, an alternative solution that closely matches the initial term in such endowment agreement; prohibiting a state agency or a state official from imposing any annual filing or reporting requirements on certain organizations regulated or exempted from regulation under ch. 496, F.S., which are more burdensome than the requirements authorized by state law, etc. 
Committee Substitute 1 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c1 

 Florida Senate - 2026 CS for SB 1338 

 By the Committee on Rules; and Senator Burton 

 595-02952-26 20261338c1 
 1 A bill to be entitled 
 2 An act relating to charitable giving; creating s. 
 3 496.432, F.S.; providing legislative findings; 
 4 defining terms; prohibiting a charitable organization 
 5 that accepts a contribution pursuant to a written 
 6 donor-imposed restriction from violating the terms of 
 7 that restriction; authorizing a donor, or a donor’s 
 8 legal representative, to file a complaint within a 
 9 specified timeframe if a charitable organization 
 10 violates a donor-imposed restriction contained in an 
 11 endowment agreement; specifying the venue where the 
 12 complaint may be filed; providing that the complaint 
 13 may be filed regardless of whether the endowment 
 14 agreement expressly reserves a right to sue or enforce 
 15 the agreement; providing an exception; prohibiting a 
 16 donor or donor representative from seeking a judgment 
 17 awarding damages; authorizing such a donor or donor 
 18 representative to seek a refund of all or a portion of 
 19 the donated funds under certain circumstances; 
 20 requiring a charitable organization to notify a donor, 
 21 or a donor’s legal representative, if it cannot 
 22 fulfill a term in the endowment agreement and offer 
 23 the donor, or the donor’s legal representative, an 
 24 alternative solution that closely matches the initial 
 25 term in such endowment agreement; providing an 
 26 exception; authorizing a charitable organization to 
 27 obtain a judicial declaration of the rights and duties 
 28 expressed in an endowment agreement; authorizing the 
 29 charitable organization to seek a judicial declaration 
 30 in any suit brought under the act or by filing a 
 31 complaint; authorizing a court to order one or more 
 32 remedies consistent with the charitable purposes 
 33 expressed in the endowment agreement if the court 
 34 determines that a charitable organization violated a 
 35 donor-imposed restriction in the endowment agreement; 
 36 prohibiting the court from ordering the return of the 
 37 donated funds to the donor or the donor’s legal 
 38 representative; providing an exception; providing 
 39 construction; providing severability; creating s. 
 40 496.433, F.S.; providing legislative findings; 
 41 prohibiting a state agency or a state official from 
 42 imposing any annual filing or reporting requirements 
 43 on certain organizations regulated or exempted from 
 44 regulation under ch. 496, F.S., which are more 
 45 burdensome than the requirements authorized by state 
 46 law; providing applicability and construction; 
 47 providing an effective date. 
 48 
 49 Be It Enacted by the Legislature of the State of Florida: 
 50 
 51 Section 1. Section 496.432, Florida Statutes, is created to 
 52 read: 
 53 496.432 Safeguarding Endowment Gifts Act.— 
 54 (1) LEGISLATIVE FINDINGS.—The Legislature finds that it is 
 55 necessary to provide legal recourse to individual charitable 
 56 donors when their giving restrictions are not followed by a 
 57 recipient charitable organization according to an endowment 
 58 agreement. 
 59 (2) DEFINITIONS.—As used in this section, the term: 
 60 (a) “Charitable organization” means an organization 
 61 organized and operated exclusively for religious, charitable, 
 62 scientific, literary, educational, testing for public safety, or 
 63 other specified purposes and that is tax exempt from federal 
 64 income tax as an entity described in s. 501(c)(3) of the 
 65 Internal Revenue Code. 
 66 (b) “Donor” means an individual or entity that has made a 
 67 contribution of property or money to an existing endowment fund 
 68 or a new endowment fund of a charitable organization pursuant to 
 69 the terms of an endowment agreement that may include donor 
 70 imposed restrictions governing the contribution. 
 71 (c) “Donor-imposed restriction” means a written statement 
 72 within an endowment agreement which specifies restrictions or 
 73 conditions on the management, investment, purpose, or use of 
 74 endowment funds. 
 75 (d) “Endowment agreement” m