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Chapter 496 — Charitable Solicitation

Florida Statute 496.405

“Registration statements by charitable organizations and sponsors”

What it means

A charitable organization or sponsor that intends to solicit contributions in or from Florida, directly or through another person, commercial co-venturer or professional solicitor, or that takes part in a charitable or sponsor sales promotion, must before doing so file an initial registration statement with the Department of Agriculture and Consumer Services, and a renewal statement annually, unless exempt under s. 496.406. It may not solicit before the department approves the statement.

The initial statement is signed by an authorized official and includes the prior-year financial statement or IRS Form 990 (a budget for a new organization), its purposes, the individuals in charge of solicitation, attestations about chapter 106 registration, and disclosures of injunctions, registration denials and certain convictions.

One registration fee applies: $10 where contributions were under $5,000, rising through seven tiers to $400 at $10 million or more. A late renewal adds $25 for each month or part of a month. The department has 15 business days after receipt to approve or deny. If it does not approve or deny within 15 business days after it receives the requested additional information or corrections, the statement is approved.

— What it says
  • Registration is required before soliciting in or from Florida, and a renewal statement is filed annually (§ 496.405(1)).
  • No solicitation, and no solicitation on its behalf, before the department approves the statement (§ 496.405(1)(c)).
  • Fee tiers: $10 under $5,000 in contributions; $75; $125; $200; $300; $350; $400 at $10 million or more (§ 496.405(4)(a)).
  • Late renewal: $25 for each month or part of a month after the due date (§ 496.405(4)(b)).
  • The department has 15 business days after receipt to approve or deny. A statement not approved or denied within 15 business days after the department receives the requested additional information or corrections is approved (§ 496.405(7)(a)).
  • Changes to the criminal-history and enforcement disclosures in paragraph (2)(f) are reported within 10 days (§ 496.405(1)(b)).

Text of the statute (2026)

§ 496.405(1)
(1) A charitable organization or sponsor, unless exempted pursuant to s. 496.406, which intends to solicit contributions in or from this state by any means or have funds solicited on its behalf by any other person, charitable organization, sponsor, commercial co-venturer, or professional solicitor, or that participates in a charitable sales promotion or sponsor sales promotion, must, before engaging in any of these activities, file an initial registration statement, which includes an attestation statement, and a renewal statement annually thereafter, with the department.
§ 496.405(1)(c)-(d)
(c) A charitable organization or sponsor that is required to file an initial registration statement or annual renewal statement may not, before approval of its statement by the department in accordance with subsection (7), solicit contributions or have contributions solicited on its behalf by any other person, charitable organization, sponsor, commercial co-venturer, or professional solicitor or participate in a charitable sales promotion or sponsor sales promotion. (d) The registration of a charitable organization or sponsor may not continue in effect and shall expire without further action of the department under either of the following circumstances: 1. After the date the charitable organization or sponsor should have filed, but failed to file, its renewal statement in accordance with this section. 2. For failure to provide a financial statement within any extension period provided under s. 496.407.
§ 496.405(2)(a)
(2) The initial registration statement must be submitted on a form prescribed by the department, signed by an authorized official of the charitable organization or sponsor who shall certify that the registration statement is true and correct, and include the following information or material: (a) A copy of the financial statement or Internal Revenue Service Form 990 and all attached schedules or Internal Revenue Service Form 990-EZ and Schedule O required under s. 496.407 for the immediately preceding fiscal year. A newly organized charitable organization or sponsor with no financial history must file a budget for the current fiscal year.
§ 496.405(4)(a)-(b)
(4)(a) Every charitable organization, sponsor, or parent organization filing on behalf of one or more chapters, branches, or affiliates that is required to register under this section must pay a single registration fee. A parent organization filing on behalf of one or more chapters, branches, or affiliates shall total all contributions received by the chapters, branches, or affiliates included in the registration statement to determine registration fees. Fees shall be assessed as follows: 1. Ten dollars, if the contributions received for the last fiscal or calendar year were less than $5,000. 2. Seventy-five dollars, if the contributions received for the last fiscal year were $5,000 or more, but less than $100,000. 3. One hundred twenty-five dollars, if the contributions received for the last fiscal year were $100,000 or more, but less than $200,000. 4. Two hundred dollars, if the contributions received for the last fiscal year were $200,000 or more, but less than $500,000. 5. Three hundred dollars, if the contributions received for the last fiscal year were $500,000 or more, but less than $1 million. 6. Three hundred fifty dollars, if the contributions received for the last fiscal year were $1 million or more, but less than $10 million. 7. Four hundred dollars, if the contributions received for the last fiscal year were $10 million or more. (b) A charitable organization or sponsor that fails to file a registration statement by the due date may be assessed an additional fee for such late filing. The late filing fee is $25 for each month or part of a month after the date on which the annual renewal statement was due to be filed with the department.
§ 496.405(7)(a)
(7)(a) The department must examine each initial registration statement or annual renewal statement and the supporting documents filed by a charitable organization or sponsor and shall determine whether the registration requirements are satisfied. Within 15 business days after its receipt of a statement, the department must examine the statement, notify the applicant of any apparent errors or omissions, and request any additional information the department is allowed by law to require. Failure to correct an error or omission or to supply additional information is not grounds for denial of the initial registration or annual renewal statement unless the department has notified the applicant within the 15-business-day period. The department must approve or deny each statement, or must notify the applicant that the activity for which she or he seeks registration is exempt from the registration requirement, within 15 business days after receipt of the initial registration or annual renewal statement or the requested additional information or correction of errors or omissions. A statement that is not approved or denied within 15 business days after receipt of the requested additional information or correction of errors or omissions is approved. Within 7 business days after receipt of a notification that the registration requirements are not satisfied, the charitable organization or sponsor may request a hearing. The hearing must be held within 7 business days after receipt of the request, and any recommended order, if one is issued, must be rendered within 3 business days after the hearing. The final order must then be issued within 2 business days after the recommended order. If a recommended order is not issued, the final order must be issued within 5 business days after the hearing. The proceedings must be conducted in accordance with chapter 120, except that the time limits and provisions set forth in this paragraph prevail to the extent of any conflict.

Excerpts are the subsections the summary relies on. Read the full official text of § 496.405.

History. ss. 5, 26, ch. 91-208; s. 2, ch. 93-174; ss. 2, 19, ch. 94-287; s. 5, ch. 95-372; s. 559, ch. 97-103; s. 1, ch. 97-250; s. 4, ch. 98-299; s. 2, ch. 99-307; s. 1, ch. 2001-351; s. 7, ch. 2013-251; s. 6, ch. 2014-122; s. 6, ch. 2023-155; s. 15, ch. 2024-137; s. 42, ch. 2025-22.

— In a Florida probate

How it applies

A charity that solicits in or from Florida must have filed with the Department of Agriculture and Consumer Services before it solicits, and the filing discloses its purposes, officers, financial statement and enforcement history. For an estate or trust that makes a distribution to a charity, or a family receiving solicitations after a death, the statute identifies the registering agency and what the filing contains. Organizations exempt from registration are addressed in § 496.406, which this entry does not summarize.

Where this shows up

Pages on this site where § 496.405 does real work:

Questions people ask

Do charities have to register in Florida before asking for donations?
Yes, unless exempt under s. 496.406. Section 496.405(1) requires an initial registration statement with the Department of Agriculture and Consumer Services before soliciting in or from Florida, renewed annually, and (1)(c) bars soliciting before the department approves it. Fees run from $10 to $400 by contributions received.

Sources

  • Fla. Stat. § 496.405 (“must, before engaging in any of these activities, file an initial registration statement.”)
  • Fla. Stat. § 496.404 (Defines charitable organization, sponsor and solicitation.)
  • Fla. Stat. § 496.406 (Section 496.405(1) exempts organizations exempted under s. 496.406, “Exemption from registration” (cross-reference only; text not summarized).)

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 496.405

Published by the Probate.Help editorial team.How these pages are written and checked.

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