Fla. Stat. 496.420
Civil remedies and enforcement


(1)

In addition to other remedies authorized by law, the department may bring a civil action in circuit court to enforce ss. 496.401-496.424 or s. 496.426. Upon a finding that a person has violated any of these sections, a court may make any necessary order or enter a judgment including, but not limited to, a temporary or permanent injunction, a declaratory judgment, the appointment of a general or special magistrate or receiver, the sequestration of assets, the reimbursement of persons from whom contributions have been unlawfully solicited, the distribution of contributions pursuant to the charitable or sponsor purpose expressed in the registration statement or pursuant to the representations made to the person solicited, the reimbursement of the department for investigative costs and attorney fees and costs, and any other equitable relief the court finds appropriate. Upon a finding that a person has violated any provision of ss. 496.401-496.424 or s. 496.426 with actual knowledge or knowledge fairly implied on the basis of objective circumstances, a court may enter an order imposing a civil fine in the Class III category pursuant to s. 570.971 for each violation.

(2)

The department may conduct any investigation necessary to bring a civil action under this section including, but not limited to, administering oaths and affirmations, subpoenaing witnesses or material, and collecting evidence.

(3)

The department may terminate an investigation or an action upon acceptance of a person’s written assurance of voluntary compliance with ss. 496.401-496.424 or s. 496.426. Acceptance of an assurance may be conditioned on commitment to reimburse donors or to take other appropriate corrective action. An assurance is not evidence of a prior violation of any of these sections. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation of one or more of these sections.

(4)

All moneys, including, but not limited to, civil penalties and attorney’s fees and costs, collected pursuant to this section and s. 496.416, shall be paid into the General Inspection Trust Fund.

Source: Section 496.420 — Civil remedies and enforcement, https://www.­flsenate.­gov/Laws/Statutes/2024/0496.­420 (accessed Aug. 7, 2025).

496.401
Short title
496.402
Legislative intent
496.403
Application
496.404
Definitions
496.405
Registration statements by charitable organizations and sponsors
496.406
Exemption from registration
496.407
Financial statement
496.409
Registration and duties of professional fundraising consultant
496.410
Registration and duties of professional solicitors
496.411
Disclosure requirements and duties of charitable organizations and sponsors
496.412
Disclosure requirements and duties of professional solicitors
496.413
Contributions solicited for or accepted on behalf of a named individual
496.414
Duties of commercial co-venturers
496.415
Prohibited acts
496.416
Violation as deceptive or unfair trade practice
496.417
Criminal penalties
496.418
Recordkeeping and accounting
496.419
Powers of the department
496.420
Civil remedies and enforcement
496.421
More stringent local provisions not preempted by ss
496.422
Duties of the Department of State
496.423
Public information
496.424
Rulemaking authority
496.425
Solicitation of funds within public transportation facilities
496.426
Registration and solicitation requirements
496.430
Disqualification from certain tax exemptions
496.4055
Charitable organization or sponsor board duties
496.4071
Supplemental financial disclosure
496.4072
Financial statements for specific disaster relief solicitations
496.4101
Licensure of professional solicitors and certain employees thereof
496.4121
Collection receptacles used for donations
496.4191
Additional penalty
496.4255
Public airport not required to grant permit or access

Current through Fall 2025

§ 496.420. Civ. remedies & enforcement's source at flsenate​.gov