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FP"__ <br />BA�QK <br />MAY 4 1993 5 <br />P <br />%aw Or raOlogs oar <br />SMS, WHAIRE, QUINN GARRRIS M <br />rti <br />SHERMAN N.SMITH.JR. <br />MICHAEL O NAIRE <br />JEROME O. QUINN <br />CHARLES E. GARRIS <br />ALAN S. POLACKWICH, SR. <br />MEMORANDUM <br />TO: <br />April 12, 1983 <br />MEMBERS OF BOARD OF COUNTY COMMISSIONERS <br />INDIAN RIVER COUNTY <br />Our client, the Vero Beach <br />we contact you concerning <br />the Commission for public <br />Apartments of Vero Beach, <br />we were asked to look into <br />of Vero Beach, Inc. <br />IO <br />DISIT. yg ot I OfT IIST <br />ti.*m trator _1& <br />P1�.'�::1�ii1^C� <br />Cor,; ,�j-ii ty :ev <br />Fin -n --e <br />Civic Association, has asked -khat - <br />an application now pending before <br />funds from St. Francis Manor <br />Inc. Towards the end of last year, <br />the status of St. Francis Manor <br />On August 30, 1982, the Secretary of State's office advised <br />us that St. Francis Manor had been involuntarily dissolved, <br />and had filed its last report of officers and directors in <br />1980. I attach photocopy of the computer printout of the <br />reported dissolution. <br />On inquiry, the administrator of the Charitable Solicitations <br />Section of the Department of State advised that that department <br />had no record of compliance by St. Francis Manor with the <br />Charitable Solicitation Act of Florida, Chapter 496. I enclose <br />photocopy of the applicable statute, together with the Depart- <br />ment's advice of non-compliance. <br />Our client's concern is, basically, that an applicant for <br />public funds should carry the burden of showing that it is <br />acting in compliance with the law and with the requirements <br />of fair play. When an organization or an individual seeks <br />financial assistance from the public, including our County, <br />responsibility for showing fiscal responsibility and soundness <br />should lie with the applicant. Chapter 496 of the Florida <br />Statutes requires, at a minimum, a statement under oath from <br />an officer of a charitable institution as to the organization's <br />fiscal condition. Before any grant of monies to a charitable <br />organization, the organization should be required to comply <br />with state law. Since payments have been made in prior years <br />to what appears to have been a defunct organization which has <br />never complied with the Charitable Solicitation Act, prudence <br />requires.that the Department of State be asked to exercise <br />its authority <br />the Board that <br />dealt with. <br />to examine <br />funds hav <br />ords and assure <br />counted for and <br />26 <br />� � r <br />