Florida Senate Bill 700, effective July 1, 2025, makes it illegal for anyone involved in planning, conducting, or executing a solicitation or charitable sales promotion in the state to solicit or accept contributions or anything of value from a “foreign source of concern.” As further discussed below, given the potentially significant consequences of noncompliance, nonprofits and their fundraisers should review the new requirements and consider making updates to comply with the new law.
How the New Law Defines a “Foreign Source of Concern”
According to Senate Bill 700, a “foreign source of concern” means any of the following:
- The government or any official of the government of a foreign country of concern;
- A political party or member of a political party or any subdivision of a political party in a foreign country of concern;
- A partnership, an association, a corporation, an organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, or a subsidiary of such entity;
- Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent resident of the United States;
- An agent, including a subsidiary or an affiliate of a foreign legal entity, acting on behalf of a foreign source of concern; or
- An entity in which a person, entity, or collection of persons or entities described in paragraphs 1-5 above has a “controlling interest”. 1
“Foreign countries of concern” are designated as the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such foreign country of concern. See Fla. Stat. § 286.101(1)(b).
Potential Penalties for Noncompliance
For a first violation of the new law, the Florida Department of Agriculture and Consumer Services (“Department”) will not take punitive action if the charitable organization satisfies all of the following requirements:
- Provides the Department with a solicitation or contribution form containing an attestation from such foreign source or country of concern in which the person, country, or entity falsely certifies that they are not a foreign country of concern or a foreign source of concern;
- Provides the Department with a copy of a refund to the foreign source or country of concern within 30 days after notification by the Department of the prohibited act; and
- Provides the Department with a plan of action to prevent the charitable organization from accepting contributions from a foreign country or source of concern in future solicitation activities.
Note that the requirements to avoid any punitive action on a first violation are so specific that the organization could really only avoid a punitive action by taking proactive steps to implement measures to comply with the new requirements. A second or subsequent violation may lead to additional consequences, including financial penalties and/or cancellation of the organization’s charitable solicitation license.
Establishment of an “Honest Services Registry”
The law requires the Department to establish a voluntary “Honest Services Registry” accessible on its website. This registry will provide Florida residents “with the information necessary to make an informed choice when deciding which charitable organizations to support.”
Charitable organizations can be listed on the Honest Services Registry by submitting a form prescribed by the Department with an attestation statement confirming that the organization does not accept or solicit contributions, funding, support, or services from any foreign source of concern, directly or indirectly. The organization must also certify that a foreign source of concern does not influence its messaging and content.
New Registration Attestation Requirement
Additionally, the law requires charities to include attestations as part of their charitable registration filing in Florida, confirming they are either not involved in state and local election-related activities (including organizations that are prohibited by federal or state law from engaging in such activities) or, if they are engaged in election-related activities that would require registration with the Florida Department of State, that they are properly registered.
Tips for Complying with Senate Bill 700
Organizations should consider taking steps to ensure their compliance with the new requirements in Florida Senate Bill 700, which may include the following:
- Revise your solicitation materials, including disclosures on your organization’s website donate page or third-party fundraising platforms, to include an affirmation statement confirming that the person making a donation is not a foreign source of concern.
- Coordinate with online donation vendors to block contributions originating from addresses in foreign countries of concern.
- Review and return any donations from foreign sources of concern that the organization receives in response to solicitation efforts targeting Florida.
- Educate your board, fundraising staff and volunteers on the new rules and update your gift acceptance policies accordingly so that everyone involved in fundraising can spot prohibited foreign donors and the proper process for declining or refunding such gifts.
- The term “controlling interest” means the possession of the power to direct or cause the direction of the management or policies of an entity, whether through ownership of securities, by contract, or otherwise. A person or an entity that directly or indirectly has the right to vote 25 percent or more of the voting interest of the company or is entitled to 25 percent or more of its profits is presumed to possess a controlling interest. ↩︎
