(1) Contributions solicited for, or accepted by or on behalf of, a named individual must be deposited in a trust account opened by a trustee named in a properly established trust document or must be deposited in a depository established in accordance with s. 69.031. The circuit court has jurisdiction over the contributed funds placed in such depository accounts.
(2) Disbursements of contributions may be properly made from a trust account only upon written verification from the trustee that the disbursement is in furtherance of the purpose for which the funds were solicited, with documentation reflecting the identity of the proposed payee and the justification for the proposed payment. Disbursements of contributed funds from a depository account may be made only as allowed by the court. When a trust account is to be closed and a balance remains in that account in excess of the amount needed for the benefit of the named individual, such excess funds may be transferred to another trust account for the benefit of another named individual who is in the same or similar circumstances.
(3) Any person or organization that violates the provisions of subsection (1) or subsection (2) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 12, 26, ch. 91-208; ss. 15, 19, ch. 94-287.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 496 - Solicitation of Funds
496.405 - Registration Statements by Charitable Organizations and Sponsors.
496.4055 - Charitable Organization or Sponsor Board Duties.
496.406 - Exemption From Registration.
496.407 - Financial Statement.
496.4071 - Supplemental Financial Disclosure.
496.4072 - Financial Statements for Specific Disaster Relief Solicitations.
496.409 - Registration and Duties of Professional Fundraising Consultant.
496.410 - Registration and Duties of Professional Solicitors.
496.4101 - Licensure of Professional Solicitors and Certain Employees Thereof.
496.411 - Disclosure Requirements and Duties of Charitable Organizations and Sponsors.
496.412 - Disclosure Requirements and Duties of Professional Solicitors.
496.4121 - Collection Receptacles Used for Donations.
496.413 - Contributions Solicited for or Accepted on Behalf of a Named Individual.
496.414 - Duties of Commercial Co-Venturers.
496.416 - Violation as Deceptive or Unfair Trade Practice.
496.418 - Recordkeeping and Accounting.
496.419 - Powers of the Department.
496.4191 - Additional Penalty; Immediate Suspension.
496.420 - Civil Remedies and Enforcement.
496.421 - More Stringent Local Provisions Not Preempted by Ss. 496.401-496.424.
496.422 - Duties of the Department of State.
496.423 - Public Information; Annual Report.
496.424 - Rulemaking Authority.
496.425 - Solicitation of Funds Within Public Transportation Facilities.
496.4255 - Public Airport Not Required to Grant Permit or Access.