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Resolution 1999-422 RESOLUTION 99- 4 2.._~2 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; ENDORSING COLLIER COUNTY HOUSING AUTHORITY LAND ACQUISITION - NEW DEVELOPMENT, INC. (CCHA LAND, INC.) AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM. WHEREAS, the State of Florida has enacted the Florida Enterprise Zone Act, Sections 290.001 - 290.016, Florida Statutes, to provide incentives by both State and local government to induce private investment into distressed areas to create economic opportunities and sustainable economic development; and WHEREAS, the Board of County Commission enacted Resolution ¢¢95- 248 on March 28, 1995, nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act; and WHEREAS, the State of Florida designated the Immokalee area as a State Enterprise Zone effective January 1, 1997; and WHEREAS, the SIate encourages the participation of private corporations in revitalization projects by granting either padial state corporate income/franchise tax credits or insurance premium taxes to corporations that contribute resources to public redevelopment organizations for the revitalization of enterprise zones; and WHEREAS, the State authorized the Community Contribution Tax Credit Program, under Section 220.183, Florida Statutes, which allows any Florida corporation to receive a tax credit of 50 percent of the value of the donation (not to exceed $200,000 in any one year) against any corporate income/franchise tax or insurance premium tax due for a taxable year for contributions to a State approved community development project located within the Enterprise Zone; and WHEREAS, the Collier County Housing Authority Land Acquisition - New Development, Inc., (CCHA Land, Inc.), a non-profit organization incorporated in the state of Florida, is located within the Immokalee Enterprise Zone and meets the criteria as a sponsoring organization under Section 220.03(1)(t), Florida Statutes; and WHEREAS, the CCHA Land, Inc. project is consistent with the overall intent of the lmmokalee Area Master Plan, a separate element of the Collier County Growth Management Plan; and WHEREAS, CCHA Land, Inc. is the sponsoring organization applying for approval as a State approved Community Development Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 2 The CCHA Land, Inc. project, as described in Attachment A, is consistent with the Collier County Growfh Management Plan and the Immokalee Area Master Plan. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Pamela S. Mac'Kie, Chairwoman Date: // APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Heidi F. Ashton Assistant County Attorney 16fi 2 Attachment 'A" Collier County Housing Authority Land Acquisition New Development, Inc. (CCHA Land Inc.) is a non-profit corporation under state and federal statutes that is a subsidiary of the Collier County Housing Authority, a Special Independent Distdct of the State of Flodda, enabled by Chapter 421, Florida Statutes. The purpose of this organization is to facilitate the development of affordable housing by padnering with other organizations, principally the Collier County Housing Authority for which it provided lands for the development of affordable housing. CCHA Land Inc. has received donations of land in the past, which it has developed to the point of construction and sold to the Collier County Housing Authority for the cost to develop, CCHA Land Inc. will be soliciting any support available, i.e. land, cash, etc., that will help its mission to provide affordable housing for low-income people in Collier County. · rii3a , .., ~ ~/~,~ I cerlit,/ that the attached is a true and correct copy of the Articles of Incorporation of COLLIER COUN~ HOUSING AUTHORITY'S L~ND ~eQtJISITION .- NEW DEVELOPMENT, INC., n co~porat~on .,, organized under the Laws of the State of Flortdn filed on ~,, June 2,~, 1990, as shown by the records of this office. The document number of this corporation is N38760. :tt ~allnlp~re, tl~e ~aFilal, tt!i ~ the ~.~:~~j " 3Jim ~mitll ~crc~r. of ~tatc ~v~ ~v~v~ ~w~v~ ~w ~w~w~w ~w ~v~ ~w~w~wsv~ ~v~v~ ~ ~ ~?~ ~ ~V~ ~v~ ARTICLES OF INCORPORATION OF COLLIER COUNTY HOUSING AUTHORITY ..~,,~.. ..... ',~' ~' .. LAND ACQUISITION - NEW DEVELOPMENT xmu..~ ~ , . .' .... A FLORIDA CORPORATION NOT FOR PROFIT ARTICLE I. NAME The name of this corporation is COLLIER COUNTY HOUSING AUTHORIT¥'s LAND ACQUISITION - NEW DEVELOPMENT, INC. ARTICLE II. ENABLING LAW This corporation is organized pursuant to the Corpora- tions Not For Profit law of the State of Florida, set forth in Part One of Chapter 617 of the Florida Statutes. ARTICLE X~Io PURPOSES (a) The specific and primary purpose for which this corporation is organized is to assist in providing decedent safe and sanitary affordable low cost housing to qualified persons. (b) The general purposes for which this corporation is formed are: buying and selling real property and obtaining financing, both public and private, for the ultimate specified purpose above stated; and performing any and all other legal activities connected therewith. (c) This corporation is organized and operated exclusively for nonprofit purposes, and no part of any net earnings shall inure to the benefit of any member, director, or officer. (d) This corporation shall have and exercise all rights and powers conferred upon corporations under the laws of the State of Florida, provided, however, that this corporation is not empowered to engage in any activity that in itself is not in furtherance of its purposes as set forth in subparagraphs (a) through (c) of this article. ARTICLE IV. TERM This corporation shall have a perpetual existence. 16A2 ARTICLE V. INCORPORATORS The names and residences of the subscribers to these articles of incorporation are as follows: Fred N. Thomas, Jr. 501 Farm Worker Village Immokalee, Florida 33934 Ernest Freeman 326 South 2nd Street Immokalee, Florida 33934 ARTICLE VI. MEMBERSHIP The authorized number, qualifications, and manner of selection of members of this corporation, the different classes of membership, if any, the property, voting and other classes of membership, if any, the property, voting and other rights and .privileges of members, and the termination and transfer of .membership shall be as set forth in the bylaws of this corporation. ARTICLE VkI. MANAGEMENT OF CORPORATE AFFAIRS (a) Board of Directors. The powers of this corporation 'shall be exercised, its properties controlled, and its affairs conducted by a board of three directors. The number of directors herein provided for may be changed by a bylaw duly adopted by the members entitled to vote. Directors shall be appointed in accordance with the by-laws. The names and addresses of the persons constituting the first board of directors who are to act in that capacity until the selection of their successors are: Fred N. Thomas, Jr., 501 Farm Worker Village, Immokalee,FL Ernest Freeman, 326 South 2nd Street, Immokalee, Florida 33934 ~William G. Price, Lake Trafford, Immokalee, Florida 33934 (b) Elective Officers. The officers of this corpora- tion shall be a president, vice president and secretary/treasurer. Other offices and officers may be' .established or appointed by members of this corporation at any regular annual meeting. The qualifications, the time and manner of electing or appointing, the duties of, the terms of office, and the manner of removing officers shall be as set forth in the bylaws. The officers who are first to serve under the articles of incorporation are: Ernest Freeman - President Fred N. Thomas, Jr. - Secretary/Treasurer 16A ARTICLE VIII. LOCATION OF REGISTERED OFFICE; IDENTIFICATION OF REGISTERED AGENT (a) The address of this corporation's initial registered office in the State of Florida is: 501 Farm Worker Village, Immokalee, Florida 33934. (b) The name of this corporation's initial registered agent at the above address is: Fred N. Thomas, Jr. ARTICLE IX. BYLAWS Bylaws will be hereinafter adopted at the first meeting of the board of directors. Such bylaws may be amended or repealed, in whole or in part, by the members or by the directors in the manner provided therein. Any amendments to the bylaws shall be binding on all members of this corporation. ARTICLE X. AMENDMENT TO ARTICLES Amendments to these articles of incorporation may be proposed by a resolution adopted by the board of directors and presented to a quorum of members for their vote. Amendments may be adopted by a vote of at least two-thirds of a quorum of members of the corporation. ARTICLE XI. DISSOLUTION This corporation shall be dissolved and its affairs wound up by a two-thirds vote of the corporation's voting members. In the event of dissolution, property of the corporation shall be distributed as follows: all property shall be transferred to the Collier County Housing Authority of Collier County, Florida. The undersigned constituting the subscribers of this corporation, for the purpose of forming this corporation not for profit under the laws of the State of Florida, have.~.xecuted these articles of incorporation this ~/~ da~6f ~~/~ , 1990. , ERNEST FREEMAN !iSTATE OF FLORIDA ) ) SS '!COUNTY OF COLLIER) ~ I HEREBY CERTI~ that before me the undersigned '~authority, duly authorized to take acknowledgments and '!administer oaths personally appeared FRED N. THO~S, JR., who is !known to me to be the person who made and subscribed to the iforegoing Articles of Incorporation, and certifies and .,acknowledges that he made and executed said certificate for the 'use and purposes therein expressed. ~ WITNESS my hand and official seal this ~ day of My Commission Expires: :: %.2 .~' '."'.~. .:~. ~" ISTATE OF FLORIDA ) · ) ss iCOUNTY OF COLLIER) I HEREBY CERTIFY that before me the undersigned ilauthority, duly authorized to take acknowledgments and administer oaths personally appeared ERNEST FREEMAN, who is 'known to me to be the person who made and subscribed to the ,foregoing Articles of Incorporation, and certifies and ~,acknowledges that he made and executed said certificate for the luse and purposes therein expressed. ~W.I. TNESS my hand and official seal this ~'~fday of C My Commission Expir.s: "'' " ,', ,'~,' I ' '" ~ 16A INTERNAL REDEHUE SERVICE DISTRICT DIRECIOR C - 1130 ATLAHTA~ GA 30301 AUG 2 ? 199t DEPARTMENT OF THE TREA9URY- E~ployer Idel, tif)¢atio~, ,Contact Per~on~ Contact Telephone Accounting Period £nu~,g: $epteeber 30 Foundation $t;abu~ Cla~: if )cariDeX: 509 (a) (1) Advance Ruilng Pi:rtod L:r:~hC: June 25, 2?90 Advance Ruling Period ~r,e~r Dept~ber 30~ !?74 Addendum Applie~: n. ,.,ni,;,c~ibiou you suppl~d. and a~,summng your' op,'.~.~t,,,n.q ::all ;,e i= - -:~o ,/,..,.- application fO~ recoanitio~. of exemp~ion~ ~e ,{~v. deter'~ine,! y,:,u a~ .......,jn,;;:.i;ion described in mention 501(c)(3). .~. ~c.,:?rr,.~,',a~i,:,n of yo~r foundation status under section 509(a) of the, C.,>d,~.. · .....-.,.e,-, ~,:r: :,~ve determined that you can reasonably at. peet to he a publ icl./ = r.,:,rt~o ,-.,,,,an,zat,on described in cactiohs 509(a)(I) and l'10(b)(1)(A)(vi). Ac.:,',m'd;,,gly, during an advance ruling period you ~ili be hreaeed a~ a ~'.., ,ely qu[h',)r~ed ~,rganization, and not as a private foundation. Tt, i~ advance ,,i.n~ ,ur ,:,,, becjJ:~ ana ends on bhe dates ~hottn above. ~ith,,; '.:0 day~ after the end of your advance rulllt.q perioa~ you must ~:~.:l,,: ,l,: the, ,nformation needed to determine ~lhether you have met the require- ;~.~ of th.~ .mpplicable uupport ~est during the advance ruling period. If you e~tabl i~q Ch.C you have been a publicly supported organization, He. ~ili cia~si- '" ~ou c:~ a .action 509(a)(1) or 509(a)(2) organl=g~ion a~ Ior, g a~ you cor, Linuu :~.. ,~ee~ ~;t.e .-equire~ont~ of the applicable support ~h~, pub~ ~,pport requirements during the advance ruling period, ~e ,.,ill c:-~zsify '/ou ~c a p~ irate foundation for future periods. Al~c,, if He cla[~.ify -/,',u a~ pr~'-,JLe f,:,undationt He Hill treab you as c private founda~i,:,n ~,:.,~, be~j~r,',~,,.{ Oate for purposes of section 507(d) and 4940. Or.,h~¢,r~ and c,:,nbributors may~ely on.our def. ormination that you are no,: a private t,~un,;~'e. ion until 90 days aft~er the~end of y~ur advance ruling per;ed. 2t ~.ou .~end ~ls the' requ;red~Jnformabion ~)thJn the 90 days, qr.~nt,:,rs and c,:mtr~b;ttor~ ~ay con:lnue to rely on the advance d~)terminablon unbil ~.,e n~ake cc, a~rlbu;or~ m~y nc,~ rely on th!S~[~e~er~inmtion af~er ~he d~te..e publ i~h hi. rice. In ~ddl~lon~ if you Iose:;your status as a publicly ~upperted ,:,roani- :aCion, and .'. grantor or contribu~r'Was~.responsible for~ or ac[ or fai I,~fe ~o ~ct~ tha~ resulted In your loss of such may not rely on ~hi~. deterainatloe:.~,froe the date of the act or failure to act. AI~o, if a grantor ,',r contributor.?,leerned tha~ Ne had given notlcc. th~[,you ~.~ould uc rem,:,ved from clas~Ificat'~'~a publicly supported c, rganiza~cn~ th.t per~vn ~ay not rely on this det¢.retna~ion as of the datc he or she acquired ~uch If you ..h.lnge yo~ir sources o of c, perltion. pl:.a-~e let u~ kn~ yc,,~r e;:~DL ~:atu~ ~nd foundation d,~,:umen~ or byla~ls~ please ~e~d~: Al.;o~ le~ us knoH al I changes i :t your purposes~ charac~.er~ or can consider th~ effect ,:,f ~he chun,it ,~n you amend your ,>rganizaLional the amended documc..n: or address. A~ of January :[~ 1~,'34~ you are liable for social securiL~e~ ~ar.e... ur, d,'.r thc' Fe~ral Jn.~urance Contributi~i~$~.i~,~ct on amounts of ~100 or more. you pay each of your employees during a calendar' year. You are n,:,: liable for :he tax imposed unde~ ~he Federal U p (FUIA). Organiz,~ions ~hat are not; pr ~ate foundation~ are not subae,:~ t,:, the pr:-- va~e f¢,,~,da~on excise ~axo~ under. Chapter 42 of the ~nternal Revenue Code. Ho~ever, you are not automa~ically"exeep~ from other federal exci~e ta):e~. If you hav~ any questions about excise~ employaen:s or other federal taxe-~, ple~=e Do,ors may deduct con~rlbutlon~ :o you as provided tn section 170 of ~he InLernal Revenue Code. 8eques~d'r~l~gacieae devise~s transfarce or gifts or for your ,st are deduc:lble for Federal es~a~e and gift ~ax purposes if ~hey mee~ ~he applicable provisions of iectionl 2055~ 2106~ and ~e~ of ~he Code cor, tribu~io~,~ are gtf~s~ Hith no c~n~idera~lon received. Ticket purchases and $1mllar paymcmhs in conJunctlon.~xg~fand~'l~lng events may not necessari qu.~llfy at, ded,,ctlble :ontrlbuti~n~depe~dlng on the circumstances. Revenue Ruling ~7-246~ published in Cueula'~e~Buflettn 1~67-2~ on pago 104, gives g~idelines rog.~rding ~hen taxpayer~ay deduc payments for adm~s~ion :o~ o~her par~ic~pa~ion ~n~ fundraisin~,~c~ivi.eles for charity. Vo. are not required to file Form ~90, Return of Organi;rati,.',n Exempt F'r,:,m Inc,:,r,~e Tax, if y,:,,~r gross receipts each '/ear are normally $25,000 or less. If y,:,v receive .~ Form ?90 package In the mall~ simply attach thr label pr,:,vided~ check the b.:,x in [he heading to tndlca:e that your annual gross receipts are normal ly $25,000 or less, and si ;:~'~:~ 1045 (DO/gO) . :~ Cfii.g;.r'R 6t;IJ;,ll"¢ HOU:SZHG AUTHOR1~' [¢ ¥vu ,re required t'~~/ .file it by the 15,.h d~.y ,~f the fifL~ ~o~,th ~fter ~he e~d of your annual accounting period. Re charge oenalty ~,f $~O a da~ hen a.ret~rn~ls~.f~led~la~e~ a~les; ~her~ is reasonable cause fcr ~h~ delay. HoHever~ ~he~eaxl~ua penalty ~te charge ca~no~ exceed S5~00u c,r 5 pe~cer,~ of your grOsS receipts for the year, ~hi[heveF is le;~. · ay al~o ch~ge this penalty-if a return;~is met complete. ~o, please be sure '/,;,~r reL,trn ss complete bef, Y,.. arr~ not requ ,dera~;,r~ncoee t~x re:urns unle,~s you arc. subUer.~. :u Lhe tax on unrelated business tncome under section 51~ of ~he Code. Zf you .~r'c, s~ject' eo this tax~ you must file an income tax return on Form 990-T, ~:::empf; Organizatio~ Busl~els Xncole Tax Return. Xn ~hi~ letter He are not de:;:rm~ning ~lhether any of your present or proposed actlvi~io.~ are :.~[e~ t~4,1e ,~r business as defined in section 523 of the Cod~. ~ .... an employer iden~if cat~on~aueber even if you have no empioyc. es. [f ;~ en~p~r, ver idc. n~ification number .as no~ entered on your applica~on~ .,:ll e~r ~gn., number to you and~'~dvise y~u of i~. Please use [hal numbe~ ~n ~1 re~.rr,; y,~u file &nd i~'rall~co~respoadence .ith,the [nter~al ReveT, ue ~r ~c. s,-~i~ in the he~ding ~ e: le~tter that an ~d~endur,~ applies, a~,le~d,,m ~nclo~.ed is an ,Integral'~:~t.~of~?t~letter. ~,c~use this letter could helpcus resolve any quest. ions about your e~c. mp~ s~tu-= ~,.d foundation status, you .should keep it in your permanen~ rec'c, rd~. ~o h,~ve sen~ a copy,ot.~this~.le~ter to your representative as indicated i~, your po.er of attorney;?~;.~?'?~:~ If ';~u have any questl~ns~pleise,contact the person ~lhose name and ~e~epho~,e ~mber are shogun In ~he~'h~ading?of this letter. ....... ~ eJ'acerely yours, E~nc ~ ,:,sitre (SJ ;. Addend tx~: Form S72-£ Paul Ntiliams District Director COLLI£R COUNI'Y HOU$INfi AUTHORITYS If your orga~,~zation conducts auctions, membership drives~::~ their income tax returns b~ as benefit dinners, value is received in donors:i4vold difficulties Hith determining -the proper tax treatment of their contributions."::~To do %his you should, in advance of the event~ determine the fair market value.or.the benefit! received and state in your fund-raising materials such~as solicitationst tickets, and receipts In Such a ~av Lha~ your donors can determine ho. much is deductible and h¢,~ much i~ not. To assist you in thls~ the Service has issued Publica~ion I~71. Deductlhtli~y of Payments Hade to'~Charitles Conducting Fund-Raisin9 Events. You may obtnin copies Of,,:~ Public tlon:!~t~9t from ~your local IRS Office. Ouidelines for deductlble~OUn~ ~"als&'le~ forth 'In Revenue Rul Consent Fixing Period of Limitation Upon Assessment of Tax Under Section 4940 of the Internal Revenue Code (See instructions on reverse side.) To be u.d with Form ~G23. Submit In duplicate. Under section 6502(c)(4) of the Internal Revenue Code, and as part of a request filed with F.orm 2023 that the organization named below be treated as a publicly supported organization under section [70(b)(1)(A)(vi) or section 509(a)(2) during an adva.nce ru?ng period. I (E.,aCt I~al ~a~f of organ,taf~ aS ~ ~ ~ ~t) ~JSt rJct Director of Internal Revenue, or ~ ~ ~ and the Assistant Commissioner ......................... (4,,;~.. ~,~. c, fxe~t~...~ ~z~ec~) Exempt Organizations) Consent and agree that the period for assessing tax (impnsed uf~der section ~4940 of the Code) f~r .--ny cf the 5 tax years in the advance ruling period will extend 8 years, 4 months, and 15 days beyond the end of the first tax year. However, if a notice of deficiency In tax for any of these years is sent to the organization before the period expires, the time for making an assessment will be. further extended by the number of days the assessment is prohibited, plus 60 days, day, a~d yfa~l J Name of organization (as shown in organizing documenl) I Date ~nature ~. ~ ~/I. For IRS use only~'~--~ ~ ~' -'~'-'--~' I District Olrf~tor or Assis'ant Commissioner (£mplayee Plans and Exempt Organizations) Date For Pape~ork Reduction Act Notice, see page 1 of the Form 1023 ~lructlons. · ~"~lJ Department of the Treasury Internal Revenue Service Notice 835 (January 1988) Major New Tax Law Ch Exempt Organizations anges Affecting Legislation signed into law by the President on December 22, 1987, contains a number of sigmficant prowsmns affecting ta~-exempt organizations described m sechon 50)(C)of the Internal Revenue Code, These prov~s~ons include new pubhc d~sc~osure requirements imposed on the orgamzat~ons, penalties for not complying w~th the new requirements, and taxes on pohhcat expenditures and lobbying beyond allowable amounts by certain types of exempt orgamzations. Some of these prows~ons were effecbve on the date of enactment or the day following, and some become effechve January 2] or February 1, 1988. Exempt organlzahons need to familiarize themselves w~th these tau law changes in order to bring themselves rote compliance, This Notice attempts to alert you to the meier new provisions affecting tax-exempt organizations. In some cases, the new law requires Important changes In how you conduct certain activities, such as when a noncharitable organization solicits contributions. In other instances, the new law will require changes In how you maintain accounting and other types of records, such as when a charitable organization has certain types of transactions or relationships with noncharitable organizations. Set forth below are brief descripbons of the new law's key provisions, The Serwce plans to prowde further guidance in the near future. Public Disclosure Requirements Solicitations of Nondeductible Contrlbutlons.--Beginmng February 1, 1988, any fundraising solicitation by or on behalf of any section 501(c) organizahon that is not eligible to recewe contributions deductible as charitable contributions for Federal income tax purposes must include an express statement that contributions or gifts to it are not deductible as charitable contributions. The statement must be m a conspicuous and easdy recognizable format whether the sohcitahon ~s made in written or printed form, by telewsion or radio, or by telephone. However. this provision applies only to those orgamzat~ons whose annual ross receipts are normally more than 100.0OO. Religious and apostolic organizations described in section 50 ](d), as well as political orgamzations (including PACs) described in sechon 527(e), are also re(~uired to comply with this prowsion Failure to disclose that contributions are not oeductible could res,~lt in a penalty of $1,000 for each day on which a failure occurs, up to a maximum amount upon any organization of $10,000. In cases where the failure to make the disclosure is due to intentional disregard of the law, the $10,000 limitation does not apply and more severe penalhes are applicable. No penalty will be ~mposed ff the failure is due to reasonable cause. Public Inspection of Annual Returns.-- Any organization that hies a Form 990, Return of Organization Exempt From Income Tax, for a tax year beginning after 1,986 must make its return available for public inspection upon request wffhin the 3.year period beginning with the due date of the return (including extensions, if any). All parts of the return and all required schedules and attachments other than the list of contributors to the orgamzation must be made available. Inspection must be permitted during regular business hours at the organization's principal office and at each of its regional or district offices having 3 or more employees, This provision applies to any organization that files a Form 990, regardlrss of the size of the organization and whether or not it has any paid employees. Any person who does not comply with the public inspection requirement may be assessed a penalty of $10 for each day that inspection was not permitted, up to a maximum of $5,000 with respect to any one return. Any person who willfully fails to comply may be subiect to an additional penalty of $I ,000. No penalty will be imposed if the failure is due to reasonable cause. Public Inspection of Exemption Appllcatlons.mBeginning January 21, 1988. any section 501(c) or 501.(d) organization that submitted an application for recognition of exemption (including Forms 1023 and 1024) to the Internal Revenue Service after July 15, 1987, must make available for public inspection a copy of its application (together with a copy of em/papers submitted in support of its application) and any letter or other document issued by the Service in response to the application. An organization that submitted its exemption application on or before July 15, 1987, must also comply w~th this requirement if it had a copy of its application on July 1.5, 1.987. As in the case of annual returns, the copy of the application and related documents must be made available for inspection during regular business hours at the organ~.ation's principal office and at each of its re~onal or district offices having at least 3 employees. The penalties for failure to comply with this provision are the same as those discussed in 'Public Inspection of Annual Returns' above, except that the $5,000 limitation does not apply. No penalty will be imposed if the failure as due to reasonable cause. Both exempt organization returns and approved exemption applications will continue to be available for public inspection at IRS district offices and at the IRS National Office in Washington. D.C. Information and Services Furnlshed.--A section 50](c) organization that offers to sell (or Solicits money for) specific information or a routine service to any individual which could be readily obtained by that individual from an agency of the Federal Government free of charge or for a nominal charge must disclose that fact in a conspicuous manner when making any such offer or sohcitation after January 3], ]988. Any organization that intentionally disregards this requirement will be subject to a penalty for each day on which the offers or solicitations were made. The penalty imposed for a particular day is the greater of $7, .000 or 50 percent of the aggregate cost of the Offers and solicitations made on that day which lacked the required disclosure. Disclosures Regarding Certain Transactions and Relationships.-- In their annual returns on Form 990 or 990-PF for years beginning after ]987, section 50](cX3) organmzatlons must disclose informahon with respect to their dmrect or indirect transfers lo, and other direct or indirect relationships with, other organizations described in section 501(c) (not including other section 501(c)(3) organizations) or in section 527, relating to political organizations. The purpose of th~s provision is to help prevent the diversion or expenditure of a section 501.(cX3) organization's funds for purposes not intended by section 501(c)(3) of the Code, Forms 990 and 990*PF for 1988 will require this additional information. All section 50](cX3) organizations are now obliged to begin maintaining records regarding all such transfers, transachons, and relabonships. Political and Legislative Activities Political Activities by Section 501(c)(3) Organlzatlon$.--Section 50](cXU) has been clarihed so that it now explicitly bars not only activities and expenditures 'in support of' any candidate for public off,ce, but also activities and expenditures 'in opposition to' any such candidate. Other sections allowing a charitable contribution deduction for Federal income, estate, and gift tax purposes have been amended in an identical fashion, These amendments took effect on December 23, 1987. Another amendment taking effect on the same date precludes qualification under section 50](cX4) for any organization that lost ~ts section 50](cXU) status because of its intervention in a political campaign. This ensures that such an organization would be sul~ect to Federal income tax for at least one year before ~ts tax-e=empt status under section 501(cX3) could be reinstated. Prior tO this amendment, section 504 of the Code barred section 501.(cX4) qualification only for those organizations that lost their section 501(cX3) status because of substanhal lobbying activities. Tax on Political Expenditures by Section 501(c)(3) Organlzatlons.~For taxable years beginning after December 22, 1987, an initial excise tax under new section 4955 is imposed on any amount paid or incurred by a section 501(cX3) organization in connection with any intervention in a political campaign on behalf of. or in opposition to, any candidate for public · _ 16A Florida Department ofAgricuhure & Consumer Services BOB CRAWFORD, Commissioner Please Respond To: D;,i~oa of ¢ou.mmer Second Floor, l~,~yo T~ll~hassee, FL I*800-II£LP FLA June 4t 1993 Hr. Fred N. Thomas Collier County Housing Authority & Land Acquisition New Development, Inc. 1800 Farm Worker Way lmmokalee, Florida 33934 Subject: Collier county Housing Authority & Land Acuquisition New Development, Inc. File Number: SC-02392 Renewal of this filing is due on or before: June 1,1994 Dear Mr. Thomas: The Division of Consumer Services has received a sworn affidavit for exemption for the above-named charitable organization/sponsor. Based on the information which you have furnished this office, we have determined that you are not currently sub~ect to the provisions of Section 496.405, Florida Statutes, Solicitation of Contributions Act because: 1. ( ) the organization/sponsor is soliciting contributions on behalf of a named individual and all the contributions collected, without deductions, are turned over to the beneficiary for his use and the contributions are deposited in a trust account or a depository as set forth in s.496.413, F.S. 2. ( ) the organization/sponsor limits its solicitations to the membership of the charitable organization/sponsor. Members}}ip does not pertain to those persons granted a membership upon making a contribution as a result of a solicitation. 3. (xx) the charitable organization's/sponsor's fundraising activities are conducted by volunteers, members, officers or permanent employees who are not compensated primarily to solicit contributions and which do not raise or receive contributions from the public in excess of $25,000 during the preceding fiscal year and no part of the assets or income inures to the benefit or is paid to any solicitor or commercial co-venturer. Charitable organizations or sponsorn which do not intend tO solicit and receive contributions in exce~s of $25,000, but do receive contributions in excess of that amount shall file a registration statement with the division pursuant to s. 496.405, F.S., within 30 days after contributions are received In excess of that amount. Should the facts or circumstances change so as to alter the basis for tho exemption, you must immediately notify the Division of such changes. TIlE CAPITOL · TALLAllASSEE, FL32399-0800 Mr. Fred N. Thomas June 4, 1993 Page Two Ail exempt charitable organizations and sponsors must, prior to the first solicitation of each fiscal year, annually submit an affidavit for exemption to the D£vis£on. Thank you for your cooperat£on and if you should have any questions, please contact us. BOB CR~WFO~ C~OMM'rsSZONEP. OF AG~~ ~aur~nce A, Tromly Sen~o~ ~n.ume~ C~plaint Analyst 904-488-2221/1-800-435-73S2 (Florida Only} Enclosure