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. hb1475-00 Page 1 of 7 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 CODING: Words stricken are deletions; words underlined are additions. hb1475-00 Page 2 of 7 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 HB 1475 2026 CODING: Words stricken are deletions; words underlined are additions. hb1475-00 Page 3 of 7 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. hb1475-00 Page 4 of 7 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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