Florida Tightens Charitable Solicitation Rules

Florida began regulating charities soliciting or accepting contributions or anything of value from a "foreign source of concern" in 2025.¹ Holland & Knight reported on this last year, including the exemptions available for certain charities.² As a reminder, any charity that is subject to Chapter 496 of the Florida Statutes because it solicits from Florida residents is subject to this prohibition, no matter where the charity is incorporated or formed.

More recently in its 2026 legislative session, Florida tightened the solicitation regulation and began regulating contributions to "domestic terrorist organizations." Litigation immediately followed, but the message of the Florida legislature is unmistakable: Charities active in Florida need to vet carefully their solicitations and grants.

Updated Foreign Sources of Concern

Effective July 1, 2026, Florida added "designated foreign terrorist organizations" or agents acting on behalf of them to the list of "foreign sources of concern" from which a charity may not solicit or receive contributions.³ A "designated foreign terrorist organization" is defined as an organization designated by the U.S. Secretary of State as a terrorist organization under Section 219 of the Immigration and Nationality Act, codified at 8 U.S.C. § 1189.⁴

Domestic Terrorist Organizations

Effective the same date, Florida added a definition of "domestic terrorist organization" to mean those organizations designated by the Florida Chief of Domestic Security and published in the Florida Administrative Register.⁵ Any person who knowingly provides, or attempts or conspires to provide, "material support or resources" to a designated foreign terrorist organization or a domestic terrorist organization commits a felony.⁶

"Material support or resources" is defined broadly to include any property, tangible or intangible, or service, including, for example, currency, monetary instruments and financial securities, but not medicine or religious materials.⁷ Thus, although the prohibition against soliciting applies only to foreign terrorist organizations, this new law affects those giving grants or other financial support to designated foreign or domestic terrorist organizations.

This law involving domestic terrorist organizations is the subject of a federal lawsuit seeking to enjoin it given, among other reasons, the potential impact on charitable giving to the plaintiffs.⁸ The case is in its infancy but should be read in the context of broader regulations pertaining to foreign countries of concern discussed in this article.

New Department Forms

Meanwhile, the Florida Department of Agriculture and Consumer Services (Department) issued new forms enabling charities to comply with the 2025 legislation: the required attestation as to campaign financing and voluntary attestation for listing on the registry of organizations known as the "Honest Service Registry," which is a registry of organizations that have attested that they do not solicit or accept contributions, funding, support or services from a foreign source of concern.⁹

The Department also updated the form for charities to register to solicit by referencing the campaign financing and Honest Services Registry forms in the checklist at the end. Charities may also register and renew registrations using the Department's online registration tool.¹⁰

Some questions remain about language in the statute, such as the use of "permanent citizen" instead of "permanent resident" in the definition of a "foreign source of concern"; however, the Department has signaled that it does not plan any additional rulemaking relating to the 2025 legislation.¹¹

Looking Ahead

Apart from developments in Venezuela involving the capture and extradition of Nicolás Maduro to the U.S. that are not yet reflected in Florida's limitations relating to foreign sources of concern, differences with these countries suggest charities can expect continued heightened scrutiny of solicitations and donations in Florida and elsewhere.

As a result, charities operating in or soliciting Florida residents should consider reviewing their gift acceptance and grantmaking policies and procedures. For assistance evaluating these policies and procedures and the potential impact of the new Florida legislation on charitable operations, contributions and donations, please contact the authors.

Notes

¹ § 496.415(20), Fla. Stat.

² Exempt charities include, for example, educational and religious institutions. § 496.403, Fla. Stat.

³ House Bill (H.B.) 905, codified at § 9, Ch. 2026-66, Laws of Fla (enacting § 496.404(14)(g), Fla. Stat.).

⁴ § 2, Ch. 2026-66, Laws of Fla. (defining "designated foreign terrorist organization" as in § 775.32(1)(b), Fla. Stat.).

⁵ H.B. 1471, codified at Ch. 2026-28, Laws of Fla. (enacting § 775.33(1)(b), Fla. Stat.).

⁶ § 5, Ch. 2026-28, Laws of Fla. (adding "domestic terrorist organization" to § 775.33(3), Fla. Stat.).

⁷ § 775.33(1)(c), Fla. Stat..

⁸ CAIR-Foundation, Inc.et al. v. DeSantis et al., Case No. 4:26-cv-315, U.S. District Court (N.D. Fla.) (see Compl. ¶147)

⁹ § 496.431, Fla. Stat.

¹⁰ See Solicitation of Contributions – Florida Department of Agriculture and Consumer Services.

¹¹ See 2025 Annual Rulemaking and Regulatory Plan (lines 38 and 42).

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.