Solicitation of Contributions

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1 Page 1 of 5 Solicitation of Contributions The Solicitation of Contributions Act requires anyone who solicits donations from people in the state of Florida to register with the department and renew annually. This applies to charitable organizations, sponsors, professional solicitors, as well as professional fundraising consultants. The department collects registration fees and has authority to impose penalties for non-compliance. The department provides financial disclosure regarding organizations on the online Gift Givers' Guide or you can obtain information about a specific charity by calling our Consumer Assistance Call Center at HELP-FLA ( ), or out of state at (850) Some exemptions apply. The following entities may use our online registration tool: Charitable Organizations (including Small Charitable/Sponsor Organizations and Charitable/Sponsor Organizations), Professional Solicitors and Professional Fundraising Consultants. Solicitor Individuals are currently not able to use our online registration tool. Frequently Asked Questions If the registration applicant does not know the answer to a question on the application form, may it be left blank? No. When an organization is registering for the first time with the department, law requires that all questions on the registration application be answered. Leaving a question blank will delay the registration process until all questions are answered. Yes, No, or None are acceptable answers to some questions on the registration application. What if I did not receive any money in the preceding year? What is reported to the IRS is to be reported with your renewal. This information is available to the public through the Gift Givers' Guide as required by law. If zeros are submitted on the Statement of Support/Revenue and Expense, zeros will appear in the Gift Givers' Guide. What if our financials are not yet completed but our license is about to expire? May we wait until these are prepared? No. If your IRS 990 is not ready, complete and submit the Statement of Support/Revenue included with your application. When the IRS 990 is ready, send it to update your file. The department does not recognize IRS extensions at this time. What if I need an extension for submitting a financial statement? Organizations may request a 180 day extension for filing of their financial statement only. A request for an extension can be made by checking the appropriate box under question #26 of the registration application. Failure to file a financial statement within the 180 days will result in automatic suspension of your registration. All registration documents and fees must be filed on or before the expiration date. How much is the late fee for a licensed organization submitting a late renewal application? The late filing fee shall be $25 for each month or part of a month after the date on which the annual renewal statement and financial report were due to be filed with the department.

2 Page 2 of 5 Does grant money need to be reported? Yes, it needs to be reported on the financial form with proper documentation; however, government grants are not included when calculating the registration fee. How much is my registration fee? Fees are based on the immediate preceding year s financial report submitted by the organization. Newly formed organizations with NO PREVIOUS financial history must file a proposed budget. The Statement of Support/Revenue and Expenses included in the application can be used to submit a budget. May I use the form from the website to renew our registration? No. A preprinted renewal application will be mailed approximately 30 days in advance of your expiration date. If you did not receive the renewal application, you may call the department at HELP-FLA ( ) calling from Florida, (850) calling from outside of Florida, or you can your request to CSWebmaster@FreshFromFlorida.com and have your renewal application ed or mailed to you. What is the certification of compliance with conflict of interest policy? Charitable organizations and sponsors are required to adopt a policy regarding conflict of interest (COI) transactions. A copy of the annual certification must be submitted to the department as part of the organization s annual registration. If the charity or sponsor filed IRS Form 990 and answered Yes on Part IV, Section B, lines 12A, B and C, the department will accept the Form 990 in lieu of the COI certification form. Small charities or sponsors are not required to submit a COI certification if it has less than $25,000 in total revenue (including contributions); has no paid staff; does not utilize professional fundraising consultant, professional solicitor or commercial co-venturer. The conflict of interest policy must be certified annually by all directors, officers and trustees of the organization. A copy of the annual certification must be submitted to the department as part of the organization s annual registration. s (2), F.S. ( App_mode=Display_Statute&Search_String=&URL= /0496/Sections/ html) We are going to hold a raffle, what do we need to do? Requirements for raffles can be found in s , F.S. ( 20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String= &URL= /0849/Sections/ html) Additionally, the organization must be in compliance with Chapter 496, F.S. ( Do we have to sign the application? Yes. Additionally, the renewal form provides a section for the signature and contact information of the individual completing the form. Additional Information IRS Sample Conflict of Interest Policy ( Florida Department of Revenue ( Florida Department of State ( DOCUMENT READER DOWNLOAD LINK

3 Page 3 of 5 Adobe PDF Reader MS Word Viewer ( Disaster-Related Charities Charitable organizations are required to register with the Florida Department of Agriculture and Consumer Services (FDACS) prior to soliciting contributions in Florida. Additionally, charitable organizations that raise $50,000 or more in contributions during the aftermath of natural disasters or other crises must submit financial information regarding contributions and program service expenses on a quarterly basis, except for charitable organizations that have been registered with FDACS for at least four consecutive years. The department will post a notice on its website, FreshFromFlorida.com ( of each disaster or crisis which is subject to the reporting requirements of this section within 10 days after the disaster or crisis. s , F.S. ( App_mode=Display_Statute&Search_String=&URL= /0496/Sections/ html) Disaster / Crisis 2015 Nepal earthquake (Gorkha earthquake) Form Disaster Relief Quarterly Report ( [ ] Notice of Law Change Effective July 1, changes made during the 2014 legislative session to Florida s Solicitation of Contributions Act became law. The department is currently in the process of implementing the changes. Charities, Professional Solicitors and Professional Fundraising Consultants will be notified as new information is required and changes are made. We appreciate your cooperation and patience during the implementation process. Fact Sheet ( [ KB ] Forms

4 Page 4 of 5 Online Registration Registration for Charitable Organizations ( [ ] Registration for Professional Solicitors ( [ ] Registration for Professional Fundraising Consultants ( [ ] Registration for Professional Solicitor Individuals ( [ ] All new charities with no previous financial information should use this Small Charity / Sponsor form: Small Charitable Organizations / Sponsors Application ( [ ] Additional forms: Notice of Commencement ( [ ] Supplemental Financial Disclosure ( [ ] CH Material Change: PDF ( [ ] FC, SS and SI Sample Material Change: PDF ( [ KB ] WORD ( [ KB ] Sample Surety Bond: PDF ( [ KB ] WORD ( [ KB ] Conflict of Interest: PDF ( [ KB ] WORD ( [ KB ] Small Charitable Organizations/Sponsors

5 Page 5 of 5 Effective July 1, 2013, charitable organizations and sponsors that meet the following requirements are eligible to fill out the Small Charitable Organizations/Sponsors Application in lieu of registration. Additionally, small organizations are not required to pay a registration fee. The charitable organization or sponsor has less than $25,000 in TOTAL REVENUE (not contributions) during the immediately preceding fiscal year. The fundraising activities of the charitable organization or sponsor is carried on by volunteers, members, or officers who are not compensated and no part of the assets or income of the organization or sponsor inures to the benefit of or is paid to any officer or member of the charitable organization or sponsor. The charitable organization or sponsor does not utilize a professional fundraising consultant, professional solicitor, or commercial co-venturer. NOTE: If a charitable organization or sponsor that has filed a small charity/sponsor application and the total revenue is equal to or in excess of $25,000 at any time during its fiscal year, compensation to any volunteer member or officer or utilizes a professional fundraising consultant, professional solicitor, or commercial co-venturer, the charitable organization or sponsor must register with the department as required by s ( F.S. within 30 days after the date the revenue reaches $25,000. Laws and Regulations Florida Statutes Chapter 496, F.S. ( Florida Administrative Code and Register Chapter 5J-7

Application Information

Application Information ADAM H. PUTNAM COMMISSIONER Florida Department of Agriculture and Consumer Services Division of Consumer Services CHARITABLE ORGANIZATIONS/SPONSORS REGISTRATION APPLICATION Solicitation of Contributions