Florida Solicitation of Contributions Act: Miami, Tampa, Orlando Guide

Florida structures its charitable registration regime more like a consumer-protection law than a charities law. FDACS — the Department of Agriculture and Consumer Services — sits under the elected Commissioner of Agriculture, and the Division of Consumer Services administers the Solicitation of Contributions Act under the same broad mandate that covers deceptive business practices, telemarketing, and other consumer-facing regulation. The regulatory tone is correspondingly more consumer-protection-oriented than what nonprofits used to a state AG’s nuanced view of charitable governance might expect.

That said, FDACS is methodical and the rules are workable. This guide covers the Solicitation of Contributions Act as it applies to Miami, Tampa, and Orlando-based nonprofits plus out-of-state organizations soliciting Florida donors — what registration looks like, what CH-14 renewal requires, where the audit threshold sits, and the patterns that produce most accidental delinquencies.

Why FDACS Registration Matters

Florida has more than 90,000 active nonprofits on the IRS Business Master File, with the bulk concentrated in the major metros — Miami-Fort Lauderdale, Tampa-St. Petersburg, Orlando, and Jacksonville. Every one of them, with narrow exceptions, owes FDACS registration if they solicit contributions.

Three practical consequences:

• Major Florida funders run the FDACS registry check. Miami Foundation, Community Foundation of Tampa Bay, Central Florida Foundation, plus the corporate foundations and large private foundations all include FDACS lookup in their due diligence.
• The public registry is searchable and prominent. A delinquent or suspended status is findable. So is a registration history that shows late filings.
• Florida actively pursues unregistered out-of-state solicitors. FDACS has a track record of enforcement against national nonprofits soliciting in Florida without registration — the population of Florida snowbirds means a lot of national organizations have Florida-resident donors and don’t realize they need to register.

The Solicitation of Contributions Act

Chapter 496 of Florida Statutes is the source of the regime. The act covers:

• Charitable organizations. Most 501(c)(3) public charities operating or soliciting in Florida.
• Professional solicitors. Paid solicitors hired by charitable organizations. Separate registration under CH-2.
• Professional fundraising consultants. Consultants who plan or manage solicitations without taking custody of funds. Separate registration.
• Commercial co-venturers. For-profit businesses promoting charitable causes through their products or services. Separate registration and disclosure requirements.

For a typical Miami, Tampa, or Orlando 501(c)(3), the relevant track is the charitable organization registration — Form CH-1 initial, Form CH-14 annual renewal.

Initial Registration: Form CH-1

A new Florida nonprofit (or an out-of-state nonprofit beginning Florida solicitation) registers using Form CH-1 with FDACS.

The application package typically includes:

• Form CH-1 itself.
• The IRS determination letter recognizing 501(c)(3) status. (If you don’t have it yet, see the 501(c)(3) application guide.)
• Articles of incorporation as filed with the Florida Department of State (Sunbiz) for Florida-incorporated organizations, or the equivalent for out-of-state nonprofits.
• Bylaws.
• The most recent IRS Form 990 (or 990-EZ, 990-PF) and financial statements.
• A list of officers and directors with addresses.
• The applicable initial registration fee.

FDACS reviews the package, processes payment, and issues a registration certificate, typically within 4 to 6 weeks for clean submissions. Until registration is confirmed, the organization should not solicit in Florida.

The Annual Renewal: Form CH-14

After initial registration, Form CH-14 is the annual workhorse filing. It updates the prior year’s information with current financials, officer changes, and any other relevant updates.

Filing window. Tied to the organization’s registration anniversary. Florida does not use a single statewide deadline. Each nonprofit has its own anniversary date, and CH-14 is due before that anniversary each year.

Filing method. Online through FDACS’s Solicitation of Contributions portal is recommended. Paper accepted but slower.

Filing fee. Tiered by annual revenue, ranging from approximately $10 to $400. The current fee schedule is on the FDACS site.

Attachments. The IRS Form 990 (or 990-EZ, 990-PF) for the most recent fiscal year, financial statements, and any specific schedule items.

Late filing. Penalties accrue. Continued delinquency leads to suspension or revocation.

The anniversary-based deadline is one of the more frequently mishandled mechanics of Florida registration. Multi-state nonprofits used to California’s May 15 RRF-1 or New York’s May 15 CHAR500 sometimes assume Florida runs on a calendar similar to their other state filings. It doesn’t. Track your specific Florida anniversary.

The $1 Million Audit Threshold

Florida requires audited financial statements attached to CH-14 when annual contributions and grants exceed $1 million. The threshold parallels New York’s CHAR500 audit threshold.

A few specifics:

• The trigger is contributions and grants, not total revenue. Program service revenue, investment income, and similar non-contribution revenue don’t count toward this specific threshold.
• The audit must be by an independent licensed CPA. Internal review, board-treasurer review, or peer review doesn’t qualify.
• Audited financials become public. They attach to the CH-14, which is part of the public registry.

For a Miami, Tampa, or Orlando nonprofit growing through $1 million in contributions and grants, the audit cost (typically $15,000 to $40,000+ depending on complexity) is real budget that needs planning before fiscal year-end. The audit can’t be commissioned in the renewal month and produce attached financials for a deadline a few weeks out.

For the federal frame on form selection that determines what attaches, see the 990 vs 990-EZ guide.

Exemptions and Edge Cases

Florida’s exemption list is narrower than people sometimes hope. The major exemptions:

• Religious organizations under specific definitions. Not every nonprofit affiliated with a religious tradition qualifies — the exemption has criteria including governance, doctrinal alignment, and primary purpose.
• Accredited educational institutions of certain types.
• Governmental units and their fundraising arms.
• Specific small organizations under defined revenue thresholds with restrictions on solicitation methods.
• Hospitals and healthcare nonprofits in some configurations, depending on activity.

Each exemption is technical. The FDACS site publishes the list with the specific statutory citations. Organizations that believe they qualify should still file an exemption affidavit (Form CH-12 or as designated) with FDACS rather than simply skipping registration.

Out-of-State Nonprofits Soliciting in Florida

A specifically Florida-relevant concern: snowbirds. A meaningful share of New York, Massachusetts, Ohio, and Midwest residents winter in Florida, and many remain registered as Florida residents for tax and donation purposes. National nonprofits accepting donations from Florida-resident donors fall under Chapter 496.

The FDACS enforcement action history includes multiple cases against national nonprofits that ran direct-mail or online campaigns reaching Florida donors without registering. The cost of registration is low; the cost of enforcement is high.

If your nonprofit operates nationally and accepts donations from Florida residents — even occasionally — Florida registration belongs on the compliance map.

Common Mistakes Specific to Florida Nonprofits

Recurring patterns:

Filing the federal 990 but skipping CH-14. Separate filings. Both required. The 990 attaches to the CH-14 but doesn’t replace it.

Missing the anniversary-based renewal date. Florida doesn’t use a single statewide deadline. Track your specific date.

Missing the $1 million audit threshold. A Miami nonprofit growing past $1M in contributions needs to plan the audit well before the next CH-14 renewal.

Out-of-state nonprofits ignoring Florida. A New York or California-based nonprofit accepting Florida donations is required to register. Periodic enforcement surfaces unregistered solicitors.

Confusing FDACS with the Florida AG. Florida’s AG is separate. Charitable solicitation registration runs through FDACS, not the AG. Letters or filings sent to the AG by mistake produce delays.

Missing professional fundraiser registration. A Florida nonprofit using a paid professional fundraiser must ensure that fundraiser is registered separately under CH-2. Using an unregistered fundraiser is a violation that exposes both parties.

Missing commercial co-venturer registration. A Tampa nonprofit that partners with a for-profit business on a “10% of sales benefits the food bank” promotion needs to ensure the for-profit registers as a commercial co-venturer. The nonprofit shares enforcement exposure if the partner doesn’t register.

Florida Sales Tax Exemption Is a Different Filing

A Florida nonprofit also needs sales tax exemption with the Florida Department of Revenue. That’s Form DR-5 (Application for Consumer’s Certificate of Exemption), filed once after the IRS issues the federal determination letter. It’s separate from FDACS registration. Many Florida nonprofits maintain only one of the two and discover the gap during a routine state audit.

For broader compliance scaffolding around grant due diligence, see the grant compliance checklist.

How CH-14 Sits in Your Compliance Calendar

Because CH-14 is anniversary-based, the calendar varies by organization. For a calendar-year (December 31) Florida nonprofit registered in March:

• January – February. Close fiscal year, draft 990, draft financial statements.
• March – April. Audit fieldwork (if above $1M threshold). Final 990 and financials. CH-14 due before March anniversary.
• May 15. Federal Form 990 due (or extended).
• November 15. Federal extended 990 deadline if extension was requested.
• Year-round. Update FDACS on officer changes, address changes, name changes.

For sister-state regimes, the California RRF-1 guide is a useful comparison — Florida’s $1M audit threshold matches California’s CT-TR-1 framing in some respects but differs in several mechanics.

How Miami, Tampa, and Orlando Differ

The state-level rules are uniform, but the metros have local nuances:

Miami. Most international donor base of any Florida metro. Cuban-American, Latin American, and Caribbean-American philanthropy concentrates here. The Miami Foundation is the dominant local funder. Higher rate of bilingual fundraising and bicultural board governance. Out-of-state nonprofits with Miami operations — and there are many — need to be careful about both Florida and home-state filings.

Tampa. Strong United Way presence and a growing community foundation sector centered on the Community Foundation of Tampa Bay. Mid-size operating nonprofits cluster heavily in Tampa, often in the $300K–$2M revenue band where the audit threshold becomes the planning question.

Orlando. Tourism-philanthropy interactions distinct to Orlando. Disney’s corporate giving plus the Central Florida Foundation anchor the local funder map. Orlando also has a notable concentration of family foundations tied to the region’s hospitality and real estate sectors.

For deeper city-specific context, the city pages — Miami, Tampa, Orlando — go further on local funder ecosystems.

Where to Start

Three concrete actions for a Florida executive director or finance lead:

1. Verify FDACS registration status today. Search your organization on the FDACS Solicitation of Contributions registry. Confirm active status, the most recent CH-14 on file, and that the audit attachment matches your contribution band.

2. Calendar your specific renewal anniversary. Florida doesn’t share a single statewide deadline. Find yours, calendar it, add a 30-day reminder, and don’t rely on FDACS’s renewal email as the primary alert.

3. If approaching $1 million in annual contributions, plan for the audit. Engage a CPA and budget for the cost increase before the next renewal cycle. The $1M audit threshold is the most expensive single transition in Florida nonprofit compliance.

Florida charitable registration runs through an unusual home — FDACS rather than the AG — but the substance is similar to what nonprofits in other regulated states deal with. Treat CH-14 as a tier-one annual filing, build a clean filing history, and your Miami, Tampa, or Orlando nonprofit gets to operate without the avoidable friction of a delinquent FDACS status.

DEFINITION

Solicitation of Contributions Act

Chapter 496 of Florida Statutes — the law governing charitable solicitation in Florida. Requires registration with FDACS for charitable organizations, professional solicitors, and commercial co-venturers operating in the state.

DEFINITION

FDACS

Florida Department of Agriculture and Consumer Services. Administers Florida's Solicitation of Contributions Act, processes registrations and renewals, maintains the public registry, and pursues enforcement against unregistered or fraudulent solicitors.

DEFINITION

Form CH-1

The Application for Registration filed initially by Florida-based and out-of-state nonprofits soliciting in Florida. Requires supporting documents including the IRS determination letter and recent financial statements.

DEFINITION

Form CH-14

The Annual Renewal Statement filed each year by registered charitable organizations to maintain Florida registration. Updates financial information and officer changes; tied to registration anniversary.

DEFINITION

Commercial co-venturer

A for-profit business that advertises a charitable promotion (e.g., a percentage of sales going to a designated nonprofit). Florida requires commercial co-venturers to register and file the appropriate disclosures with FDACS.