SB 1338 Florida Senate · 2026 Regular Session

Charitable Giving

Summary

Charitable Giving; Prohibiting a charitable organization that accepts a contribution pursuant to a written donor-imposed restriction from violating the terms of that restriction; 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; 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, etc.

Bill status died 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House Passage

Governor

Introduced Jan 22, 2026 Last action Mar 13, 2026

Maddy AI version diff · 1 comparison

What changed between versions

S 1338 Filed → S 1338 c1 · 7 edits

MODERATE

The bill was amended to add new definitions, expand donor rights to seek refunds under specific conditions, clarify complaint filing procedures, and strengthen protections for charitable organizations against excessive state reporting requirements.

Scope change

The bill's scope was expanded to include new definitions for 'property' and 'legal representative', and to explicitly authorize donors to seek refunds of donated funds when they reserve that right in their endowment agreement.

DEFINITION

Added new definitions for 'property' and expanded the definition of 'legal representative' to include estate administrators and designated persons.

REQUIREMENT

Modified complaint filing requirements to specify a 90-day notification period before filing and a 5-year statute of limitations after discovery of breach.

Modified notification requirements for charitable organizations to specify a 120-day timeframe for notifying donors when unable to fulfill endowment terms.

Added new protections preventing state agencies from imposing annual filing requirements more burdensome than those authorized by state law.

ENFORCEMENT

Added explicit authorization for donors to seek refunds of all or part of donated funds if they expressly reserved that right in their endowment agreement.

Added provisions clarifying that courts cannot order return of donated funds unless a refund right was expressly reserved by the donor.

TIMELINE

Changed the effective date from unspecified to July 1, 2026.

Floor votes · Senate Feb 17, 2026

How they voted

24–0

Passed

Total votes 24

Feb 17, 2026

D Democratic5

5 Yea

100% Yea

I Independent1

1 Yea

100% Yea

R Republican18

18 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 18, 2026

Upper · Passed

Pending reference review -under Rule 4.7(2) - (Committee Substitute)

upper

Feb 17, 2026

Senate · Passed

Senate Vote: pass (24-0)

senate

Feb 12, 2026

Upper · Passed

On Committee agenda-- Rules, 02/17/26, 12:00 pm, 412 Knott Building

upper

Feb 10, 2026

Upper · Passed

Favorable by Judiciary; YEAS 11 NAYS 0

upper

Feb 5, 2026

Upper · Passed

On Committee agenda-- Judiciary, 02/10/26, 12:00 pm, 110 Senate Building

upper

Jan 28, 2026

Upper · Passed

Favorable by Commerce and Tourism; YEAS 8 NAYS 0

upper

Jan 23, 2026

Upper · Passed

On Committee agenda-- Commerce and Tourism, 01/28/26, 10:30 am, 110 Senate Building

upper

Jan 22, 2026

Introduced

upper

Jan 16, 2026

Committee

Referred to Commerce and Tourism; Judiciary; Rules

upper

1 primary · 0 co-sponsors