|496.413 Contributions solicited for or accepted on behalf of a named individual.—
(1) Contributions solicited for, or accepted by or on behalf of, a named individual must be deposited in a trust account opened by a trustee named in a properly established trust document or must be deposited in a depository established in accordance with s. 69.031. The circuit court has jurisdiction over the contributed funds placed in such depository accounts.
(2) Disbursements of contributions may be properly made from a trust account only upon written verification from the trustee that the disbursement is in furtherance of the purpose for which the funds were solicited, with documentation reflecting the identity of the proposed payee and the justification for the proposed payment. Disbursements of contributed funds from a depository account may be made only as allowed by the court. When a trust account is to be closed and a balance remains in that account in excess of the amount needed for the benefit of the named individual, such excess funds may be transferred to another trust account for the benefit of another named individual who is in the same or similar circumstances.
(3) Any person or organization that violates the provisions of subsection (1) or subsection (2) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084.
In my opinion, and I am not a lawyer, Rhett Bullard had no business in quasing the request for financial information and what the funds were spent for. From Befaithful stating she has to feed her family, had nothing to do with the funds and the odds are that she did not place the $10,000 in Trust nor did she provide what was spent on each student what the materials and expenditures were and although not stated, the Donor’s representative Dr. Miller had the right to receive the names of the children in White Springs who received the services as Rhett Bullard called it.
Bullard wished to treat Dr. Miller poorly and acts as if she and Walter McKenzie are a nuisance on the council who have no rights. Mr. Bullard should have realized, from Dr. Miller’s material and from what she read that the aforementioned statute should have been adhered to and we should have received an accounting before making a check; however, Councilor Bullard and Mayor Lofton were too busy bashing Helen Miller and did not do what the law required. They should still see where the $10,000 was spent as well as the $3,000 spent by the Town. The citizens demand it. But the Gang of Three like throwing money around and blaming Miller.
And of course, there was no thanks to Dr. Miller for securing $10,000 from the Donor Organization fund.
Karin for the blog