Florida Fundraising Laws: Registration, Exemptions, and Renewals

Florida fundraising laws require any charitable organization that solicits contributions from Florida residents to register with the Florida Department of Agriculture and Consumer Services (FDACS) before asking for a single dollar, pay a registration fee between $10 and $400 based on prior-year contributions, make specific disclosures to donors, and renew every year. The rules sit in Chapter 496 of the Florida Statutes, known as the Solicitation of Contributions Act.¹

Who Has to Register

If your organization plans to solicit contributions in Florida, or have anyone solicit on its behalf, you must file an initial registration statement with FDACS and wait for approval before any fundraising begins.² The rule covers direct solicitations from Florida residents and participation in charitable sales promotions.

The initial application requires your articles of incorporation, a list of current board members, and financial information. A new organization without a track record provides a proposed budget for the current fiscal year. An established organization submits its IRS Form 990 or a comparable financial statement from the preceding fiscal year.³

How Much Registration Costs

Fees are tiered by prior-year contributions:²

$10: less than $5,000
$75: $5,000 to less than $100,000
$125: $100,000 to less than $200,000
$200: $200,000 to less than $500,000
$300: $500,000 to less than $1 million
$350: $1 million to less than $10 million
$400: $10 million or more

A parent organization filing on behalf of chapters or affiliates must combine the contributions received by every covered entity to find the right tier.

When a CPA Review or Audit Kicks In

Financial scrutiny scales with fundraising. Below $500,000 in annual contributions, you can submit your financial statement without a professional review. From $500,000 up to $1 million, the statement must be reviewed or audited by an independent certified public accountant. At $1 million and above, a full CPA audit is required.¹

A strong fundraising year can push an organization across the $500,000 line for the first time. Lining up a CPA before you need one is cheaper than scrambling at filing time.

Which Organizations Are Exempt

Section 496.406 carves out several categories that don’t need full registration:⁴

Organizations soliciting only from their existing membership. Treating a donation as the thing that confers membership does not qualify.
Any post, chapter, or division of a veterans’ service organization holding a federal charter under Title 36 of the U.S. Code.
A person soliciting for a specific named individual, as long as every dollar goes to that beneficiary with no deductions.
Small charitable organizations receiving less than $50,000 in total contributions in the preceding fiscal year, provided fundraising is handled entirely by unpaid volunteers, members, or officers, and no assets or income benefit any officer, member, or paid fundraising professional.

The small-charity exemption has a built-in tripwire. If you start the year under $50,000 but cross that mark mid-year, you must register with FDACS within 30 days of crossing it.⁴

Exempt small charities still have paperwork. Before soliciting, they must submit an annual filing to FDACS listing the organization’s name, street address, purpose, tax-exempt status, fiscal year end date, the names and addresses of those responsible for handling contributions, and a financial statement of support, revenue, and expenses.⁴

Rules for Hiring Paid Fundraisers

Florida separates paid fundraising professionals into two types.⁵ A professional fundraising consultant plans campaigns or prepares materials for a fixed fee but never personally solicits and never handles donated funds. A professional solicitor actively asks for contributions for compensation, or hires others to do so on behalf of a charity.

Both types must register with FDACS separately, and a charity cannot hire either one unless the professional’s registration is current.⁶ Professional solicitors carry heavier obligations: a $300 annual registration fee and a $50,000 surety bond that stays in force for the entire registration period.⁷

Every contract between a charity and a professional solicitor must be in writing and signed by two authorized officials of the charity, one of whom must sit on its governing body. The contract must state the charitable purpose of the campaign, each party’s obligations, and a clear description of the fee arrangement.⁷

The solicitor must then file a solicitation notice with FDACS at least 15 days before the campaign begins, including campaign details, bank account information, and a copy of the contract.⁷ You cannot sign a contract on Monday and start calling donors on Friday.

What You Must Tell Donors

When a charity solicits directly, it must give the donor the charity’s name, the state of its principal place of business, and a description of the purpose of the solicitation. If the donor asks, the charity must also share the name and contact information of a representative, whether the contribution is tax-deductible, and a written financial statement within 14 days.⁸

A professional solicitor must go further. Before or at the same time as any written request, the solicitor must identify itself by its registered name, name the charity and its state, and describe how contributions will be used. If asked, the solicitor must disclose the percentage of gross revenue that the charity will actually receive, in writing within 14 days.⁹

Every written solicitation, whether mailed, emailed, or posted online, must carry a conspicuous statement telling donors that a copy of the organization’s official registration and financial information is available from the Division of Consumer Services, along with the toll-free number 1-800-HELP-FLA (435-7352) and the FDACS website. The statement must also note that registration does not imply state endorsement.¹⁰

Online fundraising follows the same rule. The disclosure statement must appear conspicuously on any page that lists a mailing address for contributions, provides a phone number for processing donations, or allows online giving. It doesn’t have to appear on every page of the site, only on the pages where someone can actually give.¹⁰

Conduct That Triggers Enforcement

Section 496.415 lists conduct that will draw action from FDACS. The patterns that catch organizations most often:¹¹

Submitting misleading or inaccurate information to FDACS, the public, or in response to a state investigation.
Claiming that another person or organization sponsors or endorses your solicitation without written consent.
Falsely representing yourself as a member of a charity, a branch of the military, or a law enforcement or emergency services organization.
Using a name, symbol, or emblem so similar to another charity’s that donors could be confused about who they’re giving to.
Telling donors that a higher percentage of their contribution reaches the charity than what you reported to FDACS.
Using the fact of state registration to imply government endorsement or approval.

Soliciting without an approved registration is itself a prohibited act under the statute.

Annual Renewal and Late Fees

Registration isn’t permanent. Charities must file an annual renewal with FDACS, typically due one year from the initial registration date. The renewal requires updated financial disclosures for the preceding fiscal year, usually met by filing a copy of IRS Form 990, 990-EZ, or the state’s Solicitation of Contributions Annual Financial Reporting Form, including a balance sheet and a statement of support, revenue, and expenses.

Missing the deadline is expensive. FDACS charges a $25 late fee for each month or partial month the renewal is overdue, and the organization cannot legally solicit during the lapse.¹⁰ A registration left to lapse for several months can accumulate hundreds of dollars in late fees on top of the regular tier fee.

Federal IRS Filings Run Alongside State Registration

Florida registration covers state law. Your federal obligations to the IRS run on their own track, and the penalty for ignoring them is severe.

The version of Form 990 you file depends on size. Organizations with gross receipts of $200,000 or more, or total assets of $500,000 or more, file the full Form 990. Smaller organizations with gross receipts under $200,000 and total assets under $500,000 can file the shorter Form 990-EZ. Organizations with gross receipts normally $50,000 or less may file the Form 990-N, the brief electronic notice known as the e-Postcard.

All versions are due on the 15th day of the 5th month after the close of the organization’s tax year. For calendar-year filers, that’s May 15. An automatic six-month extension is available by filing Form 8868 before the original deadline, with one exception: no extension is available for the Form 990-N.

Here is the penalty that catches small nonprofits off guard. An organization that fails to file its required Form 990, in any version, for three consecutive years automatically loses its federal tax-exempt status.¹² Revocation takes effect on the original filing due date of the third missed return. Once revoked, donations are no longer tax-deductible for donors, and the organization has to reapply for exemption from the beginning. Volunteer-run groups that assume the 990-N e-Postcard is optional are the most frequent victims.

1
Florida Senate. Florida Code Chapter 496 – Solicitation of Contributions Act
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The 2025 Florida Statutes. Florida Code 496 – 496.405 Registration
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Florida Department of Agriculture and Consumer Services. How Much Is My Registration Fee?
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The 2025 Florida Statutes. Florida Code 496 – 496.406 Exemption From Registration
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The 2025 Florida Statutes. Florida Code 496 – 496.404 Definitions
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The 2025 Florida Statutes. Florida Code 496 – 496.411
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The 2025 Florida Statutes. Florida Code 496 – 496.410 Professional Solicitor Registration
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The 2025 Florida Statutes. Florida Code 496 – Solicitation of Funds
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Florida Senate. Florida Code 496 – 496.412 Professional Solicitor Duties
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Florida Department of Agriculture and Consumer Services. Solicitation of Contributions
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Florida Senate. Florida Code Chapter 496 – Solicitation of Contributions Act
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Internal Revenue Service. Automatic Revocation of Exemption