Chapter 496 Florida Statutes: Charity Registration, Disclosures, and Penalties

If you plan to ask Floridians for charitable donations, the Florida Solicitation of Contributions Act (Chapter 496, Florida Statutes) requires you to register with the Florida Department of Agriculture and Consumer Services (FDACS) before you make a single ask, renew that registration every year, place a specific disclosure on your solicitation materials, and stay clear of a detailed list of prohibited practices.¹ The law applies whether you are a nonprofit, a paid fundraiser working for one, or a business running a promotion tied to a charitable cause.

Who the Act Covers

Chapter 496 defines a “charitable organization” broadly. If you hold yourself out as existing for a charitable, educational, scientific, public health, environmental, civic, or similar purpose, or you use a charitable appeal to raise money, you fall within the definition regardless of your formal structure.²

“Solicitation” is just as broad. It covers any request for money, property, or anything of value where the pitch implies the contribution will serve a charitable purpose: direct mail, phone calls, television and radio ads, donation pages, ticket sales, and merchandise sales where part of the proceeds supposedly benefits a charity. The request counts as a solicitation the moment it goes out, whether or not anyone donates.²

The law reaches organizations headquartered in Florida and those based elsewhere that solicit Florida residents. A local chapter or branch soliciting on behalf of an out-of-state parent is covered too.¹

How to Register

You file an initial registration statement with FDACS before soliciting, then renew it every year.³ The initial filing asks for a substantial amount of information:

A copy of your IRS Form 990, Form 990-EZ with all attached schedules, or an equivalent financial statement for the preceding fiscal year. A brand-new organization with no financial history files a budget for the current year instead.
Your organization’s name, the name under which you plan to solicit, the purposes for which contributions will be used, and the names of the people in charge of solicitation activities.
A statement of when and where the organization was established, with a copy of your federal tax exemption determination letter. This is required for initial registration only.
The names and addresses of any professional solicitor, fundraising consultant, or commercial co-venturer working on your behalf, plus the compensation terms of those arrangements.

The registration fee is based on your prior year’s financial report. FDACS publishes a tiered fee schedule on its website, and new organizations with no financial history pay the lowest tier.³

Who Does Not Have to Register

Section 496.406 lists four exemptions:⁴

A person raising money for a specific named beneficiary, if every dollar collected goes to that person without deductions and the solicitor follows the Act’s disclosure rules.
An organization that solicits only its existing members. Someone who became a “member” by responding to a solicitation does not count; the membership has to have existed before the ask.
Any division, post, or chapter of a veterans’ service organization that holds a federal charter under Title 36 of the United States Code.
Small charities that receive less than $50,000 in total contributions during a fiscal year, provided every fundraiser is an uncompensated volunteer, member, or officer, and no part of the organization’s income benefits any officer, member, or paid fundraiser. Once contributions reach $50,000, the organization has 30 days to register.

Religious institutions, educational institutions, state agencies, and governmental entities are sometimes assumed to be exempt but do not appear in the current text of Section 496.406. If you think you qualify for an exemption on a basis not listed above, read the statute directly or consult legal counsel before skipping registration.

If You Hire a Paid Fundraiser

Chapter 496 separates professional solicitors (who directly ask donors for money on behalf of a charity) from professional fundraising consultants (who advise on strategy but don’t personally ask). Both must register with FDACS before performing services.⁵

A professional solicitor must also file a $50,000 surety bond with FDACS at initial application and at renewal. The bond runs for the life of the registration and is payable both to the state and to any person harmed by a violation of the Act. It can be structured as a rider on a larger blanket liability bond, but the surety’s aggregate liability cannot exceed $50,000.⁵

Every agreement between a professional solicitor and a charity must be in writing and signed by two authorized officials of the charity (at least one on the governing body) plus the solicitor’s authorized contracting officer. The contract has to spell out the charitable purpose of the campaign, any guaranteed minimum percentage of gross receipts going to the charity, and the percentage of gross revenue compensating the solicitor. At least 15 days before the campaign begins, the solicitor must file a solicitation notice with FDACS, including a copy of that contract.⁵

If a Business Runs a Promotion Tied to Your Charity

A commercial co-venturer is a for-profit business that ties a sales promotion to a charitable cause, such as a retailer promising a portion of each purchase to a named charity. Co-venturers do not register the way professional solicitors do, but they have obligations under Chapter 496.⁶

Before launching the promotion, the co-venturer needs written consent from the charity whose name will be used. After the promotion ends, the co-venturer must prepare a final accounting and keep it on file for three years. The charity can request that accounting at any time, and FDACS can demand a copy within 10 working days. Failing to pay the charity its share of the proceeds on time is itself a prohibited act.⁶

The Disclosure You Must Include

Every registered charitable organization must place a specific disclosure on its solicitation materials. The statutory language reads:

“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.”¹

The disclosure must include the Division of Consumer Services’ toll-free number and website. In print mailings it has to appear prominently in the solicitation materials. Online, it must appear on any web page that lists a mailing address for contributions, provides a phone number for processing donations, or accepts online donations.¹

A donor who requests a written financial statement from a registered charity is entitled to receive one within 14 days.

What You Cannot Do

Section 496.415 lists conduct that will get a charity, solicitor, or co-venturer in trouble. The core prohibitions are:⁷

Submitting misleading or inaccurate information to FDACS, to the public, or in response to an investigation.
Claiming that another person or organization sponsors or endorses a solicitation without their written consent.
Falsely representing yourself as a member of a charity, a branch of the U.S. military, or a law enforcement or emergency services organization.
Leading someone to believe that proceeds of a solicitation or sale will go to charity when they won’t.
Telling donors the charity will receive a larger share of contributions than what was actually filed with FDACS.
Using the fact that an organization is registered with the state to imply government endorsement or approval.
Telling donors a contribution is tax-deductible when it is not.

Unauthorized endorsements, impersonation, and use of confusingly similar names are classified as immediate threats to public welfare and can trigger an emergency cease-and-desist order halting all solicitation on the spot.⁸

What a Violation Costs

FDACS has broad authority to punish violations. On finding one, the department can:⁸

Impose administrative fines of up to $5,000 per violation for most offenses. For a 501(c)(3) organization that simply failed to register or file for an exemption, the cap drops to $500 per violation. These are flat per-violation amounts, not daily penalties.
Impose fines of up to $10,000 per violation when fraud or deception is involved.
Issue a cease-and-desist order.
Deny, suspend, or cancel a registration.
Place a registrant on probation subject to specified conditions.
Cancel an existing exemption under Section 496.406.

FDACS is also required to refer any substantiated criminal violation to the appropriate prosecutor. Charitable fraud carried out through the mail or electronic communications can be prosecuted as federal mail fraud or wire fraud under 18 U.S.C. § 1341.⁹

Telemarketing Calls on Behalf of Your Charity

If you use paid telemarketers to solicit donations across state lines, the Federal Trade Commission’s Telemarketing Sales Rule (TSR) adds a federal layer. The TSR applies to for-profit telemarketers making interstate calls on behalf of charities. It does not apply to volunteer callers or to the charities themselves.¹⁰

Under the TSR, the telemarketer must immediately identify the organization and state that the call’s purpose is to request a donation. They cannot misrepresent the charity’s purpose, overstate how much reaches the charity, falsely claim tax deductibility, or mischaracterize their connection to the organization. Robocalls and prerecorded messages are off-limits unless the consumer is a current member or past donor, and even then the call must offer an opt-out. Calls cannot be placed before 8 a.m. or after 9 p.m., and telemarketers must keep scripts and promotional materials for at least two years.¹⁰

The national Do Not Call Registry does not apply to charitable calls. But if a consumer tells the telemarketer to stop calling on behalf of a specific charity, the telemarketer must maintain a charity-specific do-not-call list and honor that request.

How This Fits With Your 501(c)(3) Status

Florida registration operates independently from federal tax-exempt status. An organization can hold 501(c)(3) recognition and still need to register with FDACS before soliciting in Florida. Registering with FDACS, in turn, confers no federal tax benefit.

Because Florida’s registration requires submitting a copy of whichever Form 990 you file with the IRS, staying current on your federal filing is a prerequisite to staying current with FDACS.³ At the federal level, tax-exempt organizations must also make their annual returns and exemption applications available for public inspection on request.¹¹

1
Florida Senate. Florida Code 496 – Solicitation of Contributions Act
2
Online Sunshine. Florida Code 496.404 – Definitions
3
Florida Senate. Florida Code 496.405 – Registration of Charitable Organizations or Sponsors
4
Online Sunshine. Florida Code 496.406 – Exemption From Registration
5
Online Sunshine. Florida Code 496.410 – Professional Solicitors
6
Florida Senate. Florida Code 496 – Solicitation of Contributions Act
7
Florida Senate. Florida Code 496.415 – Prohibited Acts
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Online Sunshine. Florida Code 496.419 – Administrative Proceedings and Penalties
9
Office of the Law Revision Counsel. 18 U.S. Code 1341 – Frauds and Swindles
10
Federal Trade Commission. Telemarketing Sales Rule Requires Clarity on Charity
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Internal Revenue Service. Exempt Organization Public Disclosure and Availability Requirements