More than a year after Florida’s charitable solicitations law was enacted, many charities still do not know it exists or are unfamiliar with how it may affect them. Stelter’s senior gift planning consultant, Lynn M. Gaumer, J.D., CAP®, explains how Florida’s charitable solicitation law could affect your organization.
Florida charities—and any nonprofit registered to solicit contributions in Florida—should be aware of an important law that may affect fundraising operations, gift acceptance procedures, online giving forms and donors’ due diligence.
Effective July 1, 2025, Florida enacted SB 700, which places new restrictions on charities and fundraising professionals accepting contributions from certain foreign sources tied to designated “foreign countries of concern.” More than a year after this law was enacted, many charities still do not know it exists or are unfamiliar with how it may affect them.
This article is designed to give you a high-level overview of the law and is not intended to be legal advice. I recommend that you connect with your organization’s independent legal counsel to determine next steps and compliance.
How Do I Know if My Organization Is Subject to Florida’s Solicitation Rules?
If your organization is registered to solicit charitable donations from Florida residents, the new law likely applies to you. There are some exceptions as defined by Florida statutes.
These include:
- Bona fide religious institutions, as defined in s. 496.404(25)
- Educational institutions, as defined in s. 496.404(10)
- State agencies or other government entities
- Persons or organizations that solicit or act as professional fundraising consultants, as defined in s. 496.404(22), solely on behalf of those entities
- Blood establishments
What Do I Need to Know?
The law affects charities by:
- Requiring that a charity submit a certification regarding its campaign finance activities
- Prohibiting organizations registered to solicit charitable gifts in Florida from soliciting or accepting contributions from certain individuals, entities or organizations connected to specific countries of concern identified under Florida law. These include China, Russia, Iran, North Korea, Cuba, Venezuela and Syria
- Creating an Honest Services Registry
The restrictions may apply not only to direct gifts but also to situations involving entities, affiliates, subsidiaries or agents connected to those sources.
What Type of Certification Do I Need to Comply?
Nonprofits must file an initial registration statement and an annual renewal statement with the Florida Department of Agriculture and Consumer Services (FDACS). This registration requirement now includes the submission of an attestation of compliance. Charities that are registered to solicit contributions or have funds solicited on their behalf in Florida must file an attestation of compliance, regardless of their state of formation.
What Is an Honest Services Registry?
This is a voluntary public registry overseen by FDACS. It features charitable organizations that officially attest they do not receive, solicit or accept contributions or messaging support from designated “foreign sources of concern.” The purpose is to provide Florida residents with information necessary to make an informed choice when deciding which charities to support. FDACS is directed to publish the registry on its website.
How Can I Get My Organization on the Honest Services Registry?
- You must submit a form to the department that your charity does not solicit or accept, directly or indirectly, contributions, funding, support or services from a foreign source of concern
- The charity’s messaging and content are not directly or indirectly produced or influenced by a foreign source of concern
What if I Believe My Organization is Subject to This New Law but Not in Compliance?
There is a safe harbor for inadvertent, first-time violations. The safe harbor is not available for willful conduct and is only available if the donor has falsely asserted that they were not a Foreign Source of Concern. An organization may escape penalties if, within 30 days of learning of the violation, the organization:
- Provides the FDACS with the donor’s false certification that no foreign ties exist
- Fully refunds the contribution
- Files a corrective action plan with the FDACS to prevent such violations from occurring again
What Should I Do Now?
Connect with your organization’s independent legal counsel to determine next steps and compliance.
If You Need to Learn More
The National Association of Charitable Gift Planners highlighted the Florida law earlier this year during its March advocacy update. Kelly Hellmuth, partner at Holland & Knight, LLP in Jacksonville, Florida, discussed the implications for charities registered to solicit contributions in Florida or that have funds solicited on their behalf in Florida, and what is required for compliance. You can view a recording or download the slide deck from the CGP website.
Looking Ahead
For gift planners and fundraising professionals, the key takeaway is clear: Compliance is becoming increasingly intertwined with fundraising operations. Organizations that proactively evaluate their policies, educate their teams and establish reasonable safeguards will be better positioned to continue cultivating donor relationships while managing regulatory risk.
As with many legislative changes affecting the nonprofit sector, the most successful organizations will not simply react to the new requirements, they will incorporate theminto thoughtful, sustainable fundraising practices that protect both the organization and the donors they serve.