Legal Question in Civil Litigation in Florida

when someone holds a benefit for an individual who gets the proceeds?

My daughter lost her hearing at the age of 10 months, due to a vacination.She was implanted with a cochlear implant at the age of 2. %, now she can receive a new processor which cost $6850. There have been several ''fundraisers/benefits in her name.This certain organization has let us know the first amount(2,300.) that was received was not used in a timely matter (1 year, becasue it was not yet made and able to come to the US from Austraila), has been forfited back to this company .Now there has been another event in my daughters name and they tell us that we will only get the amount of what was needed, which the event brought in more than needed, they told us that the rest will go in there bank account? can you please help us, we are getting the run around by Gainesville Florida!! Thank you, P.S. we also have 60 days to use the money that was raised in our daughter name, from friends, family, co-workers or the money will be sent back to the account of this organization. What are the laws in Florida on Fundraising and what she we do


Asked on 11/18/06, 7:03 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: when someone holds a benefit for an individual who gets the proceeds?

You would need to see the information used in the fundraising. Generally, to raise funds as you have described, you must be registered with the State of Florida. You can probably find information on myflorida.com about the fundraing limitations. Generally speaking, the funds must go for the purposes for which they were raised. If the money was raised for your daughter, the fundraing people can't use it to go on a cruise.

If, however, the money was raised to go for the implant and then other worthy or similar endevors, that would permit them to pay only for the implant, since the raising of the funds was conditioned on the possibility that, if there was an excess, it would go elsewhere.

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Answered on 11/18/06, 7:59 pm


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