Florida requires most charities to register with the state before asking anyone for a donation. Having 501(c)(3) status alone is not enough — the charitable solicitation registration is still required.
It is important to get this registration before you ever even ask for donations, and many nonprofits fail to do it.
Our office typically recommends that you apply for it as soon as you receive your 501(c)(3) status, or while you are in the process of obtaining it. Sometimes founders get so excited once they have that determination letter in hand that they forget to do the next most important thing.
Who to register with
Florida is unique because it is not the Attorney General’s Office that you are registering with, but instead the Department of Agriculture and Consumer Services (FDACS). This department is different than the government entity you filed with for your Articles of Incorporation.
You will renew yearly filings each year with both the Florida Department of State and FDACS, so it is important to get familiar with both government entities.
The basic rule
Under Chapter 496 of the Florida Statutes, a charitable organization or sponsor that solicits contributions in Florida must register with FDACS and renew annually.
The important rule is that this filing must be done before you solicit donations, whether your nonprofit is brand new or does not have many donations.
A request for a donation is a solicitation regardless of the channel or whether anyone donates. For example, a “Donate” button on your website is a solicitation. This also includes an email or letter requesting donations, fundraising events, and similar activity. The obligation to apply relates to asking for money, not to whether you receive a donation.
The small organization exemption
Small organizations must still apply, but there is a simpler and more straightforward application for them to do so.
An organization that (1) takes in less than $50,000 in total contributions in its fiscal year, (2) whose fundraising is carried out entirely by unpaid volunteers, directors, or officers, and (3) does not use professional fundraisers or consultants can apply using the small charities application.
If you end up filing using the small charities application and at some point are no longer eligible — for example, you receive more than $50,000 during that year — you must submit the full application within 30 days of no longer being eligible.
So make sure that your team is aware of this, and that whoever handles the books knows who to alert in the event that happens.
Other exemptions exist, and they are narrower than they sound
Some nonprofits are actually exempt from applying. This typically includes religious institutions, educational institutions, and governmental and political entities.
It is important to look at the State’s definitions, because you must meet the definition laid out in the statute.
Falling into the exemption category does not mean that you do not have to submit anything to the State. Instead, you will need to send the State the information that proves you are exempt from filing.
The disclosure statement on your materials
All registered and exempt organizations must display a specific statement on every solicitation, confirmation, receipt, or reminder of a contribution. This includes things such as your donation page, automated thank-you emails, receipts, and contribution statements. Specifically, it must include:
“A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.”
It must also include FDACS’s toll-free number and website. The toll-free number is 1-800-HELP-FLA (435-7352), and the website is FDACS.gov.
It renews every year
Registration is not a one-time event. It renews annually and requires updated financial information each cycle.
When you initially apply, the State will provide you with the renewal date. You can also find it at any time by using FDACS’s charity search tool.
While some organizations may not need to submit a yearly fee, those that do will find that the fee is tied to the contribution amount they received in the past fiscal year.
While the State will often send out a reminder letter that includes a copy of the renewal form, nonprofits should put this important due date on their own calendar. If it lapses, you can no longer accept donations until the application has been approved again.
Florida is one state, and you may be soliciting in more
Charitable solicitation is generally regulated where you ask, not where you are located. For example, a Florida nonprofit that is emailing donors in Georgia and New York, or running a public donate page, may have obligations in those states too. Around forty states require some form of registration, each with its own agency, forms, thresholds, and renewal dates.
Most small organizations start by registering in Florida and in the states where they actively fundraise, then expand as their fundraising expands. What matters is that it was a decision, not an oversight.
What happens if you have not registered
If you are reading this and realizing you should have registered a while ago, the useful response is to fix it promptly. Chapter 496 provides for administrative and civil penalties, and the longer you wait the more that amount may grow. Additionally, some donors and grant funders will ask for proof of your registration.
A short checklist
- Confirm whether you are soliciting in Florida at all, even if that is just a donate button on your website
- Work out whether you qualify as a small charitable organization, and file to claim it if so
- Register with FDACS before you ask
- Put the required disclosure on your donation page, receipts, and appeals
- Calendar the renewal with a named person responsible
- Track your contributions against the $50,000 line if you are close to it
- Look at which other states you are soliciting in
We keep a free nonprofit annual compliance checklist in our resource library. If you would rather have it handled, our solicitation registration page sets out what that involves.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Rules differ by state and change over time. Please speak with a licensed attorney about your own situation.