Florida Nonprofit Compliance

• Religious organizations
• Educational organizations
• State agencies or other government entities or persons or organizations who solicit or act as professional fundraising consultants solely on behalf of those entities
• Blood establishments as defined in FL Stat § 381.06014
• Political contributions solicited in accordance with the election laws of Florida
• A person who is soliciting for a named individual, provided that all the contributions collected without any deductions whatsoever are turned over to the beneficiary for her or his use and provided that the person has complied with the requirements of s. 496.413
• A charitable organization or sponsor that limits solicitation of contributions to the membership of the charitable organization or sponsor. For the purposes of this paragraph, the term “membership” does not include those persons who are granted a membership upon making a contribution as a result of a solicitation
• Any division, department, post, or chapter of a veterans’ service organization granted a federal charter under Title 36, United States Code

FL Stat. §§ 496.403, 496.406

Organizations must email the state to receive an exemption, but no registration is required.

A charitable organization or sponsor that has less than $50,000 in total contributions during a fiscal year if the fundraising activities of such organization or sponsor are carried on by volunteers, members, or officers who are not compensated and no part of the assets or income of such organization or sponsor inures to the benefit of or is paid to any officer or member of such organization or sponsor or to any professional fundraising consultant, professional solicitor, or commercial co-venturer.

Small Charitable Organizations Application

Mail or online.

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FL Stat. § 496.406

If a charitable organization or sponsor that has less than $50,000 in total contributions during a fiscal year actually acquires total contributions equal to or in excess of $50,000, the charitable organization or sponsor must register with the department as required by s. 496.405 within 30 days after the date the contributions reach $50,000.

• Names, addresses, and telephone numbers of the individuals or officers who have responsibility for the final distribution of contributions
• One of the following:
  • IRS form 990 and all attached schedules
  • 990-EZ and Schedule O
  • Budget (new organizations only) 
  • FDACS-10122 Solicitation of Contributions Annual Financial Reporting Form

A charitable organization or sponsor that has less than $50,000 in total contributions during a fiscal year if the fundraising activities of such organization or sponsor are carried on by volunteers, members, or officers who are not compensated and no part of the assets or income of such organization or sponsor inures to the benefit of or is paid to any officer or member of such organization or sponsor or to any professional fundraising consultant, professional solicitor, or commercial co-venturer.

Small Charitable Organizations Application (Renewal)

Mail or online.

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Annually by the date of initial registration.

FL Stat. § 496.406

If a charitable organization or sponsor that has less than $50,000 in total contributions during a fiscal year actually acquires total contributions equal to or in excess of $50,000, the charitable organization or sponsor must register with the department as required by s. 496.405 within 30 days after the date the contributions reach $50,000.

• Names, addresses, and telephone numbers of the individuals or officers who have responsibility for the final distribution of contributions
• One of the following:
  • IRS form 990 and all attached schedules
  • 990-EZ and Schedule O
  • Budget (new organizations only) 
  • FDACS-10122 Solicitation of Contributions Annual Financial Reporting Form

Solicitation of Contributions Registration Application

Mail or online.

Depends on amount of contributions received in the immediately preceding fiscal year:

• $10 for less than $5,000 in contributions
• $75 for $5,000 or more, but less than $100,000 in contributions
• $125 for $100,000 or more, but less than $200,000 in contributions
• $200 for $200,000 or more, but less than $500,000 in contributions
• $300 for $500,000 or more, but less than $1,000,000 in contributions
• $350 for $1,000,000 or more, but less than $10,000,000 in contributions
• $400 for $10,000,000 or more in contributions

2-3 weeks

• Nonprofits who will solicit at Florida highway rest stops must obtain permission from their local Department of Transportation Maintenance Unit. Use Form #850-040-70, Permit Application for Public Use of Rest Areas, Wayside Parks and Solicitation on State Highways. Start by identifying local maintenance units at the Florida Department of Transportation Office of Maintenance.
• Some Florida counties and municipalities may require charities that solicit in-person to register prior to fundraising.

Domestic Applicants:

• Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
• If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
• Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.

Foreign Applicants:

• Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
• If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
• Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.
• If you will foreign qualify in Florida, obtain a certificate of good standing from your home state to submit during the foreign qualification process. The certificate cannot be more than 90 days old when filing foreign qualification documents.

Domestic Applicants:

1. File formation documents to form an entity with the Florida Department of State.
2. Submit a completed Charitable Organizations / Sponsors Registration Application and all required attachments to the Florida Department of Agriculture and Consumer Services - Division of Consumer Services.

Foreign Applicants:

1. Determine whether or not your charity will need to foreign qualify based on your activity in Florida. If not required, skip to number 3.
2. File foreign qualification documents with the Florida Department of State.
3. Submit a completed Charitable Organizations / Sponsors Registration Application and all required attachments to the Florida Department of Agriculture and Consumer Services - Division of Consumer Services.

• List of officers and directors
• IRS determination letter
• One of the following:
  • IRS form 990 and all schedules
  • 990-EZ and Schedule O
  • Budget (newly formed organizations only)
  • FDACS-10122 Solicitation of Contributions Annual Financial Reporting Form
• Reviewed or audited financials (if applicable)
• Professional fundraising contracts
• Proof of DBA/Fictitious Name filing in domicile state, if applicable

Solicitation of Contributions Registration Application (Renewal)

Mail or online.

Depends on amount of contributions received in the immediately preceding fiscal year:

• $10 for less than $5,000 in contributions
• $75 for $5,000 or more, but less than $100,000 in contributions
• $125 for $100,000 or more, but less than $200,000 in contributions
• $200 for $200,000 or more, but less than $500,000 in contributions
• $300 for $500,000 or more, but less than $1,000,000 in contributions
• $350 for $1,000,000 or more, but less than $10,000,000 in contributions
• $400 for $10,000,000 or more in contributions

Annually by the registration anniversary date. Renewals may be filed up to 60 days prior to the expiration date.

Florida honors extensions granted by the IRS to file Form 990. Organizations must submit a copy of their submitted IRS form 8868 to receive an extension.

There is a late fee of $25 for each month or portion of a month that passes after the due date. Charities who do not submit their financial statements by the due date or approved extension will have their registrations suspended. 

• Renewal forms are sent in the mail about 30 days prior to the expiration date of the license.
• Carefully ensure you include all required attachments, including your annual financial report.

• List of officers and directors
• IRS determination letter
• One of the following:
  • IRS form 990 and all schedules
  • 990-EZ and Schedule O
  • Budget (newly formed organizations only)
  • FDACS-10122 Solicitation of Contributions Annual Financial Reporting Form
• Reviewed or audited financials (if applicable)
• Professional fundraising contracts

$0

1-2 business days

Changes to the fiscal year can be made during the standard renewal process. If the change happens outside of the renewal window, wait until the renewal is due to update the fiscal year. An organization may have to submit both the standard and short form 990 for the financials to reflect the previous and current fiscal year. 

Mail

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To close out your registration, submit a letter stating that your organization no longer solicits in Florida along with documentation supporting this claim. The department will typically accept a disclaimer on the organization's donation page that they will not accept funds from residents of Florida.