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Florida’s Revised Charitable Solicitation Laws

August 8, 2014

Florida’s Revised Charitable Solicitation Laws
In an effort to deter fraudulent and deceptive organizations from soliciting contributions within Florida, the Legislature has amended its solicitation of funds law effective July 1, 2014. Some of the major changes are as follows:
  • Officers, directors, trustees, or employees of charitable organizations convicted of a felony or crime of dishonesty, within the past ten years, may not solicit funds for charitable organizations.
  • Charitable organizations required to register with the state must now include a conflict of interest policy and certify annually that the organization is following the policy.
  • The standard solicitation statement must now include the Department of Agriculture and Consumer Services’ website (http://www.freshfromflorida.com/) in addition to its toll-free number (1-800-HELP-FLA).
  • For solicitations occurring on a website, each page that includes an address, phone number, or online processing link must now include the Department’s solicitation statement
  • Organizations that receive between $500,000 and $1 million must submit financial statements that have been reviewed or audited by an independent CPA.
    • Organizations that receive more than $1 million must submit financial statements that have been audited by an independent CPA.
  • Organizations receiving more than $1 million have additional reporting requirements if they spent less than 25% of their total revenue on program services. This requirement is aimed to encourage nonprofits to spend contributions on their missions, likely in the wake of some recent publications listing nonprofits that spend very little on their missions.
  • Receptacles used for donations that will be resold have new requirements, including the following:
    • Each side must contain, in letters that are at least three inches high by one-half inch wide, the name, business address, telephone number, and registration number of the charitable organization for whom the solicitation is made
  • Organizations soliciting for specific disaster relief purposes have additional financial reporting requirements
  • Requirements for professional solicitors have been significantly enhanced
  • The state has increased fines and penalties for violations, including the ability to suspend organizations immediately
Many nonprofits face significant challenges raising money to support their worthy missions, and some organizations might see added regulations as detracting from their causes. To the contrary, the state is aiming to reduce fraud and encourage nonprofits to focus on their missions. Doing so increases the amount of public funds available for organizations that truly are mission focused. When considered in that light, nonprofits should applaud the Legislature for these amendments, regardless of whether they were the result of a few bad apples spoiling the bunch.
Daniel D. Whitehouse, Esq. -

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