FPN News

New Florida Law, Resolutions Focus on Philanthropy

Florida Governor Charlie Crist signed a new law on May 27, 2010, that prevents state and local governments from mandating Florida grantmakers' board composition or grantmaking decisions.  The Florida Legislature also passed resolutions in the 2010 session to support the formation and operation of charitable foundations in Florida and recognize Florida's charitable foundations for their important and innovative work to advance the quality of life in Florida.

The new provisions signed into law by Governor Crist were part of a trust administration bill that passed the Florida Senate on April 8, 2010, by a 36-0 vote, and passed the Florida House on April 28, 2010, by a 119-0 vote.  The law prevents state or local governments from requiring private foundations or other grantmaking organizations, or their grantees, to disclose the race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, sexual orientation or political party registration of their employees, officers, directors, trustees, members or owners.

The new Florida law also prevents a state agency or local government from requiring that the governing  board or officers of a charitable organization or private foundation include individuals of any particular race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, sexual orientation or political party registration.  And it prevents state and local governments from prohibiting board service of individuals based on their familial relationship to each other or to a donor.

Foundations' grantmaking decisions are also covered by the new Florida law.  Provisions in the law prohibit a state agency or local government from requiring private foundations or other charitable organizations to distribute their funds to organizations based on the race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, sexual orientation, or political party registration of an organization's employees, officers, directors, trustees, members, or owners, or based on the populations, locales, or communities served by an organization, except as a lawful condition on the expenditure of funds imposed by a donor.

The Florida Legislature took additional actions in the 2010 session to recognize the good work of charitable foundations and to ensure that they can continue to serve the public good as effectively as possible.

On April 30, 2010, the Florida Senate adopted Senate Resolution 2868, introduced by Senator Don Gaetz (R-District 4), which recognizes Florida's charitable foundations for their "innovative work in advancing quality education and cutting-edge research, feeding the hungry, providing basic financial literacy information, preserving Florida’s culture and rich history, and supporting initiatives that benefit all Floridians."  The resolution also states that the Florida Senate supports advancing laws and policies to "facilitate innovation in Florida’s foundations, protect their ability to self-govern, lessen the bureaucratic burden on the nonprofit community, encourage the creation of nonprofit organizations, and safeguard their vital work."

In similar fashion, the Florida House adopted House Resolution 9105 on April 21, 2010, to indicate its support for Florida philanthropy.  Introduced by Representative Greg Evers (R-District 1) and co-sponsored by Representative Juan Zapata (R-District 119), the resolution recognizes and commends Florida's "generous individuals, foundations, and corporate givers" for the "many charitable acts they perform that enrich the quality of life of all Floridians."

Downloads:

> New Florida Law to Protect Foundations (excerpt of SB998) (PDF)

> Florida Senate Resolution 2868: Florida's Charitable Private Foundations (PDF)

> Florida House Resolution 9105: Philanthropic Freedom (PDF)