Florida requires nonprofits to register before soliciting donations.
Most states have laws that govern fundraising practices by nonprofit or 501(c)(3) tax-exempt organizations. Fundraising statutes regulate charitable solicitations made to the public. Florida's Solicitation Act, which is found in the section 496 of the Florida Statutes, recognizes the right of nonprofit organizations to engage in fundraising activities and also provides protection for the public through public information about soliciting organizations and the prohibition of deceptive fundraising practices.
Exemptions
Florida exempts some entities from the provisions of its Solicitation Act. Political contributions are not included in the act. The act exempts organizations that limit fundraising solicitations to members or sponsors. Also exempt are individuals who solicit donations for a specific person, provided the total funds collected are deposited in a trust account under the control of a court. The Solicitation Act also does not apply to educational or religious institutions and government agencies.
Registration and Reports
Nonprofit organizations that are not exempt from the Solicitation Act must register and file annual reports with Florida's Department of Agriculture and Consumer Services, or DACS, to solicit charitable donations in Florida. Organizations located in Florida also must register with Florida's Division of Corporations, an office of the Florida Department of State, and file reports with the state's Department of Revenue. The DACS office provides forms for the submission of required reports, including financial reports, on its website. Florida also requires registration by professional fundraising consultants and professional solicitors. The Solicitation of Contributions Registration Application form, which must be renewed annually, is available on the DACS website. The electronic form includes instructions and list of fees. Florida does not use the unified registration statement, or URS, created and maintain by the Multi-state Filer Project.
Internet Solicitation
Florida does not recognize Charleston Principles, an initiative of the National Association of State Charity Officials that states can voluntarily adopt to regulate solicitation of charitable donations over the Internet. The Charleston Principles suggest specific instances in which states may require registration by nonprofits. Instead, Florida statutes require registration with the state for any nonprofit organization that has a "contribute here" button on its website. Registration is required whether or not the organization specifically targets Florida residents. If a resident of Florida can access the website, the organization must register with the state to accept donations.
Prohibited Acts
Florida's statutes make the usual prohibitions against false statements, misrepresentations, extortion, deception, false promise, fraud and conducting fundraising activities in an official uniform, such as law enforcement, unless for an approved solicitation activity. The statutes also prohibit the use of donated funds for any purpose other than that stated to donors and the filing of false reports or statements with government agencies.
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