Florida HB 1475: Hemp

Status: Laid on Table; companion bill(s) passed, see CS/CS/SB 1676 (Ch. 2023-299) (as of 2023-05-01)

State: Florida · Session: 2023 · Bill: HB 1475

Subjects: concurrent), industry, subject index

Sponsors: Agriculture, Conservation & Resiliency Subcommittee, Cassel, Infrastructure Strategies Committee, Robinson, W., Roth, Sirois, Tant

Bill Text

HB 1475 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to charitable giving; creating s. 2
496.432, F.S.; providing legislative findings; 3
defining terms; prohibiting a charitable organization 4
that accepts a contribution pursuant to a written 5
donor-imposed restriction from violating the terms of 6
that restriction without potential penalty; 7
authorizing a donor, or a donor's legal 8
representative, to file a complaint within a specified 9
timeframe if a charitable organization violates a 10
donor-imposed restriction contained in an endowment 11
agreement; specifying the venue where the complaint 12
may be filed; providing that the complaint may be 13
filed regardless of whether the endowment agreement 14
expressly reserves a right to sue or enforce the 15
agreement; prohibiting a donor or donor representative 16
from seeking a judgment awarding damages; requiring a 17
charitable organization to notify a donor, or a 18
donor's legal representative, if it cannot fulfill a 19
term in the endowment agreement and offer the donor, 20
or the donor's legal representative, an alternative 21
solution that closely matches the initial term in such 22
endowment agreement; authorizing a charitable 23
organization to obtain a judicial declaration of the 24
rights and duties expressed in an endowment agreement; 25

HB 1475 2026

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

requiring the charitable organization to seek a 26
judicial declaration in any suit brought under the act 27
or by filing a complaint; authorizing a court to order 28
one or more remedies consistent with the charitable 29
purposes expressed in the endowment agreement if the 30
court determines that a charitable organization 31
violated a donor-imposed restriction in the endowment 32
agreement; prohibiting the court from ordering the 33
return of the donated funds to the donor or the 34
donor's legal representative; providing construction; 35
providing severability; creating s. 496.433, F.S.; 36
providing legislative findings; prohibiting a state 37
agency or a state official from imposing any annual 38
filing or reporting requirements on certain 39
organizations regulated or exempted from regulation 40
under ch. 496, F.S., which are more burdensome than 41
the requirements authorized by state law; providing 42
applicability and construction; providing an effective 43
date. 44
45
Be It Enacted by the Legislature of the State of Florida: 46
47
Section 1. Section 496.432, Florida Statutes, is created 48
to read: 49
496.432 Safeguarding Endowment Gifts Act.— 50

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(1) LEGISLATIVE FINDINGS.—The Legislature finds that it is 51
necessary to provide legal recourse to individual charitable 52
donors when their giving restrictions are not followed by a 53
recipient charitable organization according to an endowment 54
agreement. 55
(2) DEFINITIONS.—As used in this section, the term: 56
(a) "Charitable organization" means an organization 57
organized and operated exclusively for religious, charitable, 58
scientific, literary, educational, testing for public safety or 59
other specified purpose and that is tax exempt from federal 60
income tax as an entity described in s. 501(c)(3) of the 61
Internal Revenue Code. 62
(b) "Donor" means an individual or entity that has made a 63
contribution of property or money to an existing endowment fund 64
or a new endowment fund of a charitable organization or of a 65
charitable trust pursuant to the terms of an endowment agreement 66
that may include donor-imposed restrictions or conditions 67
governing the use of the contribution. 68
(c) "Donor-imposed restriction" means a written statement 69
within an endowment agreement which specifies requirements for 70
the management or use of endowment funds. 71
(d) "Endowment agreement" means a written agreement 72
between a charitable organization and a donor or between a 73
charitable trust and a donor regarding the contribution made by 74
the donor and accepted by the charitable organization or the 75

HB 1475 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

charitable trust, which agreement may include donor-imposed 76
restrictions or other conditions governing the use of the 77
contribution. 78
(e) "Endowment fund" means an institutional fund or part 79
thereof which, under the terms of a gift instrument, is not 80
wholly expendable by the institution on a current basis. The 81
term does not include assets that an institution designates as 82
an endowment fun

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