Fla. Stat. 496.412
Disclosure requirements and duties of professional solicitors

(1)

A professional solicitor must comply with and be responsible for complying or causing compliance with the following disclosures:Before orally requesting a contribution, or contemporaneously with a written request for a contribution, a professional solicitor must clearly disclose:
The name of the professional solicitor as on file with the department.
If the individual acting on behalf of the professional solicitor identifies himself or herself by name, the individual’s legal name.
The name and state of the principal place of business of the charitable organization or sponsor and a description of how the contributions raised by the solicitation will be used for a charitable or sponsor purpose or, if there is no charitable organization or sponsor, a description as to how the contributions raised by the solicitation will be used for a charitable or sponsor purpose.
In the case of a solicitation campaign conducted orally, whether by telephone or otherwise, any written confirmation, receipt, or reminder sent to any person who has contributed or has pledged to contribute shall include a clear disclosure of the information required by paragraph (a).In addition to the information required by paragraph (a), any written confirmation, receipt, or reminder of contribution made pursuant to an oral solicitation and any solicitation shall conspicuously state:

“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.

If requested by the person being solicited, the professional solicitor shall inform that person in writing, within 14 days after the request, of the fixed percentage of the gross revenue or the reasonable estimate of the percentage of the gross revenue that the charitable organization or sponsor will receive as a benefit from the solicitation campaign or shall immediately notify the person being solicited that the information is available on the department’s website or by calling the division’s toll-free number.If requested by the person being solicited, the professional solicitor shall inform that person in writing, within 14 days after the request, of the percentage of the contribution which may be deducted as a charitable contribution under federal income tax laws or shall immediately notify the person being solicited that the information is available on the department’s website or by calling the division’s toll-free number.

(a)

Before orally requesting a contribution, or contemporaneously with a written request for a contribution, a professional solicitor must clearly disclose:The name of the professional solicitor as on file with the department.If the individual acting on behalf of the professional solicitor identifies himself or herself by name, the individual’s legal name.The name and state of the principal place of business of the charitable organization or sponsor and a description of how the contributions raised by the solicitation will be used for a charitable or sponsor purpose or, if there is no charitable organization or sponsor, a description as to how the contributions raised by the solicitation will be used for a charitable or sponsor purpose.
1. The name of the professional solicitor as on file with the department.
2. If the individual acting on behalf of the professional solicitor identifies himself or herself by name, the individual’s legal name.
3. The name and state of the principal place of business of the charitable organization or sponsor and a description of how the contributions raised by the solicitation will be used for a charitable or sponsor purpose or, if there is no charitable organization or sponsor, a description as to how the contributions raised by the solicitation will be used for a charitable or sponsor purpose.

(b)

In the case of a solicitation campaign conducted orally, whether by telephone or otherwise, any written confirmation, receipt, or reminder sent to any person who has contributed or has pledged to contribute shall include a clear disclosure of the information required by paragraph (a).

(c)

In addition to the information required by paragraph (a), any written confirmation, receipt, or reminder of contribution made pursuant to an oral solicitation and any solicitation shall conspicuously state:

“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.

(d)

If requested by the person being solicited, the professional solicitor shall inform that person in writing, within 14 days after the request, of the fixed percentage of the gross revenue or the reasonable estimate of the percentage of the gross revenue that the charitable organization or sponsor will receive as a benefit from the solicitation campaign or shall immediately notify the person being solicited that the information is available on the department’s website or by calling the division’s toll-free number.

(e)

If requested by the person being solicited, the professional solicitor shall inform that person in writing, within 14 days after the request, of the percentage of the contribution which may be deducted as a charitable contribution under federal income tax laws or shall immediately notify the person being solicited that the information is available on the department’s website or by calling the division’s toll-free number.

(2)

A professional solicitor must not represent that tickets to any event will be donated for use by another person, unless the following requirements are complied with:The professional solicitor must have the written commitments from persons stating that they will accept donated tickets and specifying the number of tickets they are willing to accept.The written commitments are filed with the department prior to any solicitation.

(a)

The professional solicitor must have the written commitments from persons stating that they will accept donated tickets and specifying the number of tickets they are willing to accept.

(b)

The written commitments are filed with the department prior to any solicitation.

(3)

The contributions solicited for donated tickets must not be more than the amount representing the number of ticket commitments received from persons and filed with the department.

(4)

At least 7 calendar days before the date of the event, the professional solicitor must give all donated tickets to each person that made the written commitment to accept them.

Source: Section 496.412 — Disclosure requirements and duties of professional solicitors, https://www.­flsenate.­gov/Laws/Statutes/2024/0496.­412 (accessed Aug. 7, 2025).

496.401
Short title 496.402
Legislative intent 496.403
Application 496.404
Definitions 496.405
Registration statements by charitable organizations and sponsors 496.406
Exemption from registration 496.407
Financial statement 496.409
Registration and duties of professional fundraising consultant 496.410
Registration and duties of professional solicitors 496.411
Disclosure requirements and duties of charitable organizations and sponsors 496.412
Disclosure requirements and duties of professional solicitors 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 496.420
Civil remedies and enforcement 496.421
More stringent local provisions not preempted by ss 496.422
Duties of the Department of State 496.423
Public information 496.424
Rulemaking authority 496.425
Solicitation of funds within public transportation facilities 496.426
Registration and solicitation requirements 496.430
Disqualification from certain tax exemptions 496.4055
Charitable organization or sponsor board duties 496.4071
Supplemental financial disclosure 496.4072
Financial statements for specific disaster relief solicitations 496.4101
Licensure of professional solicitors and certain employees thereof 496.4121
Collection receptacles used for donations 496.4191
Additional penalty 496.4255
Public airport not required to grant permit or access

Current through Fall 2025

§ 496.412. Disclosure requirements & duties of professional solicitors's source at flsenate​.gov