summary
Introduced
01/07/2026
01/07/2026
In Committee
01/16/2026
01/16/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
An act relating to charitable giving; creating s. 496.432, F.S.; providing legislative findings; defining terms; prohibiting a charitable organization that accepts a contribution pursuant to a written donor-imposed restriction from violating the terms of that restriction; authorizing a donor, or a donor’s legal representative, to file a complaint within a specified timeframe if a charitable organization violates a donor-imposed restriction contained in an endowment agreement; specifying the venue where the complaint may be filed; providing that the complaint may be filed regardless of whether the endowment agreement expressly reserves a right to sue or enforce the agreement; providing an exception; prohibiting a donor or donor representative from seeking a judgment awarding damages; authorizing such a donor or donor representative to seek a refund of all or a portion of the donated funds under certain circumstances; 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; providing an exception; authorizing a charitable organization to obtain a judicial declaration of the rights and duties expressed in an endowment agreement; authorizing the charitable organization to seek a judicial declaration in any suit brought under the act or by filing a complaint; authorizing a court to order one or more remedies consistent with the charitable purposes expressed in the endowment agreement if the court determines that a charitable organization violated a donor-imposed restriction in the endowment agreement; prohibiting the court from ordering the return of the donated funds to the donor or the donor’s legal representative; providing an exception; providing construction; providing severability; creating s. 496.433, F.S.; providing legislative findings; 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; providing applicability and construction; providing an effective date.
AI Summary
This bill establishes new protections for charitable giving, particularly concerning endowment funds, which are funds held for a charitable purpose that are not meant to be spent all at once. It prohibits charitable organizations from violating written restrictions placed on donations by donors, known as donor-imposed restrictions, which are part of an endowment agreement. If a violation occurs, a donor or their legal representative (an executor of an estate or someone designated in the agreement) can file a complaint in court within five years of discovering the breach, even if the agreement doesn't explicitly grant this right, though they cannot seek monetary damages. However, if the donor specifically reserved the right in the endowment agreement, they may seek a refund of the donated funds. Charitable organizations are required to notify donors if they cannot fulfill an endowment term and offer an alternative solution that closely matches the original intent, unless the agreement states otherwise. The bill also allows charitable organizations to seek a court's clarification on their rights and duties within an endowment agreement. Separately, the bill prevents state agencies or officials from imposing annual filing or reporting requirements on certain charitable organizations that are more burdensome than what state law already allows, with exceptions for state grants, contracts, and fraud investigations.
Committee Categories
Justice
Sponsors (1)
Other Sponsors (1)
Rules (Senate)
Last Action
CS by Rules read 1st time (on 02/18/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
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