No. HB 1475
Charitable Giving; Prohibits charitable organization that accepts contribution pursuant to written donor-imposed restriction from violating terms of that restriction without potential penalty; authorizes donor, or donor's legal representative, to file complaint within specified timeframe if charitable organization violates donor-imposed restriction contained in endowment agreement; specifies venue where complaint may be filed; provides that complaint may be filed regardless of whether endowment agreement expressly reserves right to sue or enforce agreement; prohibits donor or donor representative from seeking judgment awarding damages; requires charitable organization to notify donor, or donor's legal representative, if it cannot fulfill term in endowment agreement & offer donor, or donor's legal representative, alternative solution that closely matches initial term in such endowment agreement; etc.
Plain English Summary
AI-GENERATEDA new law lets a donor sue a charity that violates a written restriction in an endowment gift agreement, after giving 90 days' notice, within 6 years of discovering the breach.
Even if a court finds a violation, it cannot award the donor money damages or order the charity to return the donated funds -- only a remedy that keeps serving the charitable purpose.
A charity that cannot fulfill a gift's term must notify the donor within 30 days and offer an alternative that closely matches the original restriction.
A separate provision bars state agencies from imposing annual filing or reporting requirements on charities that go beyond what Florida law already requires, except for grants, contracts, or fraud investigations.
AIA charity that accepts a contribution under a written donor-imposed restriction may not violate its terms. If it does, the donor or their legal representative may file a lawsuit after 90 days' notice, within 6 years of discovering the breach.
AIThe complaint a donor files to enforce a gift restriction cannot ask for money damages against the charity, only some other remedy tied to the endowment agreement.
AIEven after a court rules that a charity violated a donor restriction, the judge cannot order the charity to give the money back to the donor or their legal representative.
AIIf a charity discovers it cannot fulfill a term in an endowment agreement, it must tell the donor within 30 days and offer an alternative that closely matches the original term.
AIA donor may file a complaint to enforce a gift restriction even if the endowment agreement never gave the donor an explicit right to sue or enforce it.
AIA state agency or official may not impose annual filing or reporting requirements on a regulated charity that are more burdensome than what Florida law already authorizes, except for grants, contracts, or fraud probes.