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Do we need to register with Florida before fundraising?

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Do you have to register before you fundraise?

Florida's Solicitation of Contributions Act (Fla. Stat. ch. 496) says that a charitable organization that solicits contributions in Florida must register with the Florida Department of Agriculture and Consumer Services (FDACS) before it solicits, and renew every year.

• Bona fide religious institutions are generally exempt.
• An organization that raises less than $25,000 a year in contributions, and doesn't use a paid professional fundraiser, may qualify for the small-organization exemption.
• Only FDACS can confirm whether your organization actually qualifies for an exemption.

Check your status and register at FDACS's Solicitation of Contributions page, which also has the Check-A-Charity lookup. The registration fee is tiered by how much you raise — FDACS's page has the current schedule.

Your federal Form 990

Most tax-exempt organizations file an annual return with the IRS: Form 990-N (e-Postcard) if gross receipts are normally $50,000 or less, or Form 990-EZ or 990 above that. It's due the 15th day of the 5th month after your fiscal year ends — May 15 for a calendar-year organization. Churches are generally not required to file. Miss three years in a row, and the exemption is lost automatically. See the IRS's annual filing guidance.

Your Florida annual report (Sunbiz)

Separately, every Florida not-for-profit corporation files an annual report with the Division of Corporations between January 1 and May 1 each year at sunbiz.org. Miss it, and the corporation can be administratively dissolved later in the year.

Raffles and 50/50s

Florida only allows a raffle or 50/50 drawing by chance for organizations exempt under 501(c)(3), (4), (7), (8), (10) or (19) — and only under §849.0935. The rules and disclosures — "no purchase necessary to enter," the sponsor's name, full rules, and the date, time and place of the drawing — must be printed on tickets and advertising. Running one without meeting this section is a misdemeanor. If your exempt status isn't confirmed, don't assume a raffle is legal yet.

Sales tax exemption (DR-5)

Florida nonprofits apply to the Department of Revenue for a Consumer's Certificate of Exemption (Form DR-5) to buy things tax-free. It's valid for five years, then must be renewed. Selling goods — concessions, merchandise — can still require you to collect sales tax; check with the Florida Department of Revenue.

Still forming, or not sure of your status?

A Florida nonprofit corporation is formed at sunbiz.org. Federal 501(c)(3) status is a separate IRS application. Donations aren't tax-deductible until the IRS determination letter arrives. FDACS registration still applies before you solicit contributions, even while you're forming.

What to do next

The free tool reads your own numbers — your organization type, fiscal year, and how much you raise — and shows whether FDACS registration applies to you, your 990 and Sunbiz dates computed on a calendar, the raffle rules, and when your exemption certificate renews. Nothing is saved.

This is not legal or tax advice, and it can be wrong. Confirm registration status with FDACS and filing history with the IRS before relying on it.

Nonprofit Compliance FL explains Florida and federal nonprofit filing rules in plain language; it can be wrong, and it is not legal or tax advice. Dates are computed from the fiscal year you enter; confirm with the agency. Statute references are to Florida Statutes and IRS guidance as published. Nothing you enter is stored.