Filed this week, SB 1114 (Sen. Stargel) – Membership Associations that would require associations organized as a Florida not-for-profit corporation to comply with certain reporting requirements if the organization receives more than 25% of its budget from public funds. The bill would also prohibit any membership association whose membership dues are paid with public funds from using those funds to litigate against the state. The prohibition against litigating against the state would apply without regard to the percentage of public funds making up the association’s budget. There is currently no definition for “membership association” in the regulations governing not-for-profit corporations and the bill does not create a definition, so it should be of interest to any Florida not-for-profit who receives dues from public sources. As currently drafted, the bill would likely prohibit the Florida Association of Counties, as well many other organizations, from litigating against the state to protect the common interests of its members. FAC will defend the essential right of associations to seek redress against the state on behalf of their members.
For any questions related to this issue, please contact Laura Youmans, FAC Public Safety Advocate.