Florida Statutes
Chapter 496 - Solicitation of Funds
496.411 - Disclosure Requirements and Duties of Charitable Organizations and Sponsors.


(1) A charitable organization or sponsor may solicit contributions only for the purpose expressed in the solicitation for contributions or the registration statement of the charitable organization or sponsor and may apply contributions only in a manner substantially consistent with that purpose.
(2) A charitable organization or sponsor soliciting in this state must include all of the following disclosures at the point of solicitation:
(a) The name of the charitable organization or sponsor and state of the principal place of business of the charitable organization or sponsor.
(b) A description of the purpose or purposes for which the solicitation is being made.
(c) Upon request, the name and either the address or telephone number of a representative to whom inquiries may be addressed.
(d) Upon request, the amount of the contribution which may be deducted as a charitable contribution under federal income tax laws.
(e) Upon request, the source from which a written financial statement may be obtained. Such financial statement must be for the immediate preceding fiscal year and must be consistent with the annual financial statement filed under s. 496.407. The written financial statement must be provided within 14 days after the request and must state the purpose for which funds are raised, the total amount of all contributions raised, the total costs and expenses incurred in raising contributions, the total amount of contributions dedicated to the stated purpose or disbursed for the stated purpose, and whether the services of another person or organization have been contracted to conduct solicitation activities.

(3) Every charitable organization or sponsor that is required to register under s. 496.405 or is exempt under s. 496.406(1)(d) shall conspicuously display the following statement on every solicitation, confirmation, receipt, or reminder of a contribution:
“A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.”
The statement must include a toll-free number and website for the division which can be used to obtain the registration information. If the solicitation consists of more than one piece, the statement must be displayed prominently in the solicitation materials. If the solicitation occurs on a website, the statement must be conspicuously displayed on any web page that identifies a mailing address where contributions are to be sent, identifies a telephone number to call to process contributions, or provides for online processing of contributions.

(4) A charitable organization or sponsor must establish and exercise control over its fundraising activities.
(5) A charitable organization or sponsor must not enter into any contract or agreement with or employ a professional fundraising consultant or professional solicitor unless that professional solicitor or fundraising consultant is registered with the department.
(6) Each charitable organization or sponsor that is required to register under s. 496.405 shall conspicuously display the organization or sponsor’s registration number issued by the department under this chapter on every printed solicitation, written confirmation, receipt, or reminder of a contribution. If the solicitation consists of more than a single item, the statement shall be displayed prominently in the solicitation materials.
History.—ss. 10, 26, ch. 91-208; ss. 7, 19, ch. 94-287; s. 7, ch. 2001-214; s. 12, ch. 2013-251; s. 14, ch. 2014-122.

Structure Florida Statutes

Florida Statutes

Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations

Chapter 496 - Solicitation of Funds

496.401 - Short Title.

496.402 - Legislative Intent.

496.403 - Application.

496.404 - Definitions.

496.405 - Registration Statements by Charitable Organizations and Sponsors.

496.4055 - Charitable Organization or Sponsor Board Duties.

496.406 - Exemption From Registration.

496.407 - Financial Statement.

496.4071 - Supplemental Financial Disclosure.

496.4072 - Financial Statements for Specific Disaster Relief Solicitations.

496.409 - Registration and Duties of Professional Fundraising Consultant.

496.410 - Registration and Duties of Professional Solicitors.

496.4101 - Licensure of Professional Solicitors and Certain Employees Thereof.

496.411 - Disclosure Requirements and Duties of Charitable Organizations and Sponsors.

496.412 - Disclosure Requirements and Duties of Professional Solicitors.

496.4121 - Collection Receptacles Used for Donations.

496.413 - Contributions Solicited for or Accepted on Behalf of a Named Individual.

496.414 - Duties of Commercial Co-Venturers.

496.415 - Prohibited Acts.

496.416 - Violation as Deceptive or Unfair Trade Practice.

496.417 - Criminal Penalties.

496.418 - Recordkeeping and Accounting.

496.419 - Powers of the Department.

496.4191 - Additional Penalty; Immediate Suspension.

496.420 - Civil Remedies and Enforcement.

496.421 - More Stringent Local Provisions Not Preempted by Ss. 496.401-496.424.

496.422 - Duties of the Department of State.

496.423 - Public Information; Annual Report.

496.424 - Rulemaking Authority.

496.425 - Solicitation of Funds Within Public Transportation Facilities.

496.4255 - Public Airport Not Required to Grant Permit or Access.

496.426 - Registration and Solicitation Requirements.

496.430 - Disqualification From Certain Tax Exemptions.