Florida Department of Agriculture and Consumer Services - Division of Consumer Services

Please Note

We are a service company that can help you file with the Florida Department of Agriculture and Consumer Services - Division of Consumer Services. We are not associated with this nor any other government agency. We offer paid services and software to help you file. You are not required to purchase our service to file - you may file directly with this agency without using our service.

Contact Information

Mailing address:
Division of Consumer Services
P.O. Box 6700
Tallahassee, FL 32399-6700

Phone: 1-800-435-7352 or 1-800-352-9832 en Espanol

Web: Home Name search
Email: cscompliance@fdacs.gov

Licenses

We track the following licenses with the Florida Department of Agriculture and Consumer Services - Division of Consumer Services in order to provide compliance services to our clients. As a client, you see this and other reference data in License Manager in-line with your licenses.

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Florida Charitable Organizations/Sponsors Registration

Agency:Florida Department of Agriculture and Consumer Services - Division of Consumer Services
Law:

Florida Statutes § 496.405 et seq.

Foreign Qualification is Prerequisite:No
Registered Agent (Special Agency) Required?No

One-Time Exemption Registration

Exemption Eligible Organizations:
  • Religious organizations
  • Educational organizations
  • Government entities
  • Blood establishments as defined in FL Stat § 381.06014
  • Membership organizations
  • Political groups
  • Appeals for individuals
Notes:

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

Registration to Obtain Exemption

Exemption Eligible Organizations:

Charities with less than $25,000 in total revenue during the preceding fiscal year and no professional solicitors

Form:

Small Charitable Organizations Application

Agency Fee:

$0

Renewal to Maintain Exemption

Exemption Eligible Organizations:

Charities with less than $25,000 in total revenue during the preceding fiscal year and no professional solicitors

Form:

Small Charitable Organizations Application (Renewal)

Agency Fee:

$0

Due:

Annually by the date of initial registration.

Initial Registration

Form:

Charitable Organizations / Sponsors Registration Application

Filing Method:

Mail or online

Agency Fee:

$10-400, depending on contributions received during the prior fiscal year ($0 if exempt)

Turnaround:

2-3 weeks

Notes:
  • Notarized signature of the CFO or treasurer is required.
  • 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.
Before you Apply:

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.
How to Apply:

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.
Required Attachments:

  • IRS form 990
  • Audited financials (if applicable)
  • IRS determination letter
  • List of officers and directors
  • Professional fundraising contracts

Registration Renewal

Filing Method:

Mail or online.

Agency Fee:

$10-400, depending on contributions received during the prior fiscal year

Due:

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

Due Date Extension:

Due dates can be extended for 180 days beyond the original due date by submitting a request for extension through the online portal.

Penalties:

There is a late fee of $25 for each month that passes after the due date.

Notes:
  • 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 yoru annual financial report.
Required Attachments:

  • IRS form 990
  • Audited financials (if applicable)
  • List of officers and directors
  • Professional fundraising contracts
  • IRS determination letter

Contract Filing

Agency Fee:

$0

Due:

Charities must submit all contracts they have with professional solicitors, professional fundraising consultants, and commercial co-venturers during initial charitable registration and during renewal for their charitable registration.

Change of Fiscal Year

Agency Fee:

$0

Turnaround:

1-2 business days

Notes:

Email the state to inform them of the change.

Cancellation

Agency Fee:

$0

Notes:

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.

Florida Commercial Co-Venturer Registration

Not required



Commercial Co-venturer licensure is not required on the State level in Florida.

Florida does not currently have a traditional registration requirement for commercial co-venturers, but they may need to follow other regulations before and after fundraising events.

More information: Florida Department of Agriculture and Consumer Services - Division of Consumer Services

Florida Individual Professional Solicitor License

Agency:Florida Department of Agriculture and Consumer Services - Division of Consumer Services
Law:

FL Stat. § 496.4101

Initial Registration

Form:

Registration for Professional Solicitor Individuals

Agency Fee:

$0

Original Ink:Not required
Notarize:Not required
Notes:

There is no registration fee, but there may be a fee for a background check.

Registration Renewal

Form:

Registration for Professional Solicitor Individuals (Renewal)

Agency Fee:

$0

Due:

Annually

Original Ink:Not required
Notarize:Not required

Amendment

Form:

FC, SS and SI Sample Material Change

Agency Fee:

$0

Due:

Licensed professional solicitor individuals must notify the Florida Department of Agriculture and Consumer Services within 10 days of any material changes in information which was submitted as a condition for license.

Professional fundraising consultant means a person who is retained by a charitable organization or sponsor for a fixed fee or rate under a written agreement to plan, manage, conduct, carry on, advise, consult, or prepare material for a solicitation of contributions in this state but who does not solicit contributions or employ, procure, or engage any compensated person to solicit contributions and who does not at any time have custody or control of contributions. A bona fide volunteer or bona fide employee or salaried officer of a charitable organization or sponsor maintaining a permanent establishment in this state is not a professional fundraising consultant. An attorney, investment counselor, or banker who advises an individual, corporation, or association to make a charitable contribution is not a professional fundraising consultant as the result of such advice.

Florida Professional Fundraising Consultant Registration

Agency:Florida Department of Agriculture and Consumer Services - Division of Consumer Services
Law:

FL Stat. § 496.409

Initial Registration

Form:

Registration for Professional Fundraising Consultants

Agency Fee:

$300

Turnaround:

14-21 days

Registration Renewal

Form:

Registration for Professional Fundraising Consultants (Renewal)

Agency Fee:

$300

Due:

Annually

Contract Filing

Agency Fee:

$0

Due:

Every contract or agreement between a professional fundraising consultant and a charitable organization or sponsor must be in writing, signed by two authorized officials of the charitable organization or sponsor, and filed by the professional fundraising consultant at least 5 days prior to the performance of any material service by the professional fundraising consultant.

Law:

FL Stat. § 496.409(4)

Notes:

Contracts must contain all of the following provisions:

  1. A statement of the charitable or sponsor purpose for which the solicitation campaign is being conducted.
  2. A statement of the respective obligations of the professional fundraising consultant and the charitable organization or sponsor.
  3. A clear statement of the fee that will be paid to the professional fundraising consultant.
  4. The effective and termination dates.
  5. A statement that the professional fundraising consultant will not, at any time, have control or custody of contributions.

Amendment

Form:

FC, SS and SI Sample Material Change

Agency Fee:

$0

Due:

Professional Fundraising Consultants must report to the department any material change in the information filed, in writing, within 7 working days after the change occurs.

Professional solicitor means a person who, for compensation, performs for a charitable organization or sponsor a service in connection with which contributions are or will be solicited in, or from a location in, this state by the compensated person or by a person it employs, procures, or otherwise engages, directly or indirectly, to solicit contributions, or a person who plans, conducts, manages, carries on, advises, consults, directly or indirectly, in connection with the solicitation of contributions for or on behalf of a charitable organization or sponsor but who does not qualify as a professional fundraising consultant. A bona fide volunteer or bona fide employee or salaried officer of a charitable organization or sponsor maintaining a permanent establishment in this state is not a professional solicitor. An attorney, investment counselor, or banker who advises an individual, corporation, or association to make a charitable contribution is not a professional solicitor as the result of such advice.

Florida Professional Solicitor Registration

Agency:Florida Department of Agriculture and Consumer Services - Division of Consumer Services
Law:

FL Stat. § 496.410

Bond Requirements:

$50,000

Initial Registration

Form:

Registration for Professional Solicitors

Agency Fee:

$300

Notes:
  • Provide the legal name of the organization exactly as it appears on the articles of incorporation or organizational document. If using a fictitious name (DBA) provide that name also. Names must match exactly what the state has on file. 
  • Provide the physical street address for the principal place of business. Include suite, room, or unit numbers as necessary. Mail drops are not acceptable. 
  • All officers, directors, trustees, and owners of professional solicitor organizations and all employees of a professional solicitor organization conducting telephonic solicitations during which a donor's or a potential donor's financial information is requested must obtain a solicitor license and be fingerprinted. 
Before you Apply:
  • When listing indivdiuals on the form as directed, use the complete residential address for reach All documents and attachments are subject to public records. Exemptions may apply to certain employees upon your request for redaction. Exemptions may include (among others): 
    • Current or former law enforcement officers and their families
    • Current or former judges and their families
    • Current or former prosecutors and their families
    • Current or former firefighters and their faimilies
    • Current or former human resource managers and their families
    • Current or former code enforcement officers and their families
  • Provide the name, date of birth, ID number and a copy of a valid government ID for each person in charge of solicitation activities
  • Provide a list of all phone numbers used to solicit funds
  • List whether written scripts, presentations or literature will be provided to donors to solicit contributions
  • Disclose information about all instances of officers, directors, trustees, or persons with controlling interest, employees, or agents involved in solicitation who has been convicted of, plead guilty to, or nolo contendere to or have been incarcerated for a felony, has been involved in fraud, larceny, embezzlement,  crime arising from the conduct of a solicitation for a charitable organization or sponsor, or misappropriation of property, or violating any laws related to charitable solicitation within the last ten years.
  • Provide information about all contracts with charitable organizations or sponsors soliciting contributions in the state of Florida
  •  
Required Attachments:
  • A copy of any contracts or agreements with charitable organizations or sponsors must be filed in conjunction with the application or at least 15 days prior to the campaign or event. 
Bond Amount:
  • A bond in the amount of $50,000 is required

Registration Renewal

Form:

Renewal forms are sent in the mail 45 days prior to expiration.

Agency Fee:

$300

Due:

Annually

Contract Filing

Form:

Notice of Commencement

Agency Fee:

$0

Due:

File a notice of commencement at least 15 days prior to the start of the contract.

Law:

FL Stat. § 496.410(7)

Notes:

Contracts must contain all of the following provisions:

  1. A statement of the charitable or sponsor purpose and program for which the solicitation campaign is being conducted.
  2. A statement of the respective obligations of the professional solicitor and the charitable organization or sponsor.
  3. A statement of the guaranteed minimum percentage of the gross receipts from contributions which will be remitted to the charitable organization or sponsor, if any, or, if the solicitation involves the sale of goods, services, or tickets to a fundraising event, the percentage of the purchase price which will be remitted to the charitable organization or sponsor, if any. Any stated percentage shall exclude any amount which the charitable organization or sponsor is to pay as fundraising costs.
  4. A statement of the percentage of the gross revenue which the professional solicitor will be compensated. If the compensation of the professional solicitor is not contingent upon the number of contributions or the amount of revenue received, his or her compensation shall be expressed as a reasonable estimate of the percentage of the gross revenue, and the contract must clearly disclose the assumptions upon which the estimate is based. The stated assumptions must be based upon all of the relevant facts known to the professional solicitor regarding the solicitation to be conducted by the professional solicitor.
  5. The effective and termination dates of the contract.

Financial Reporting

Agency Fee:

$0

Due:

Within 45 days after a campaign has ended and within 45 days of the anniversary of commencement for campaigns lasting more than a year.

Notes:

Financial report forms are sent in the mail.

Amendment

Form:

FC, SS and SI Sample Material Change

Agency Fee:

$0

Due:

Licensed professional solicitors must notify the Florida Department of Agriculture and Consumer Services within 7 days of any material changes in information which was filed with the department.

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