Beginning July 1, 2025, every charity, foundation, social-welfare organization, professional fundraiser, and commercial co-venturer that asks Floridians for contributions must police its funding sources for any link—direct or indirect—to seven “foreign countries of concern.” Florida’s Senate Bill 700 (codified at Fla. Stat. §§ 496.401–.431) layers an unprecedented “foreign influence” screen onto the state’s long-standing charitable-solicitation regime. The statute also launches a publicly searchable “Honest Services Registry,” positioning compliant organizations for a reputational boost—and inviting scrutiny for those that remain off-list.
For nonprofits that raise funds nationwide, SB 700 is more than a local compliance tweak. It previews a broader state-level push to curb foreign influence in civil society and could quickly become a template elsewhere.
SB 700 sweeps broadly, catching:
Exemptions that already exist under Chapter 496—e.g., member-only drives, religious institutions, or charities that raise less than $50,000 during its fiscal year exclusively through volunteers—remain, but they must be affirmatively claimed on a new Florida Department of Agriculture and Consumer Services (“FDACS”) form.
No covered person may “solicit or accept contributions, funding, support, or services” from a “foreign source of concern.” There is no de minimis threshold, and the ban applies equally to direct gifts and indirect support funneled through intermediaries.
The 25% “controlling-interest” presumption reaches up the ownership chain, making grant-makers, donor-advised funds (“DAFs”), and corporate-social-responsibility programs potential conduits that charities must vet.
Every organization that files (or renews) a charitable-solicitation registration with FDACS must now include a sworn attestation, signed by an authorized officer, that it will not solicit or accept contributions from a foreign source of concern. The attestation becomes part of the organization’s public registration file and is subject to civil or criminal penalties if it proves false.
SB 700 also directs FDACS to create, publish, and maintain an “Honest Services Registry” on its website. To appear on the Registry, a charity must file a separate board-authorized statement affirming that it does not solicit or accept foreign-linked support and is not influenced in its messaging or programming by a foreign source of concern. Participation is voluntary, but inclusion could become a de facto seal of approval for Florida donors. FDACS is charged with adopting rules that specify the enrollment process, renewal intervals, and grounds for removal.
A charity may escape penalties if, within 30 days of learning of the violation, it:
The safe harbor is one-time-only and unavailable for willful conduct.
Audit current revenue streams—review current donors, grants, event sponsors, DAF agreements with donors, contributions received from DAFs, corporate partnerships.
Pinpoint potential foreign exposure
Embed donor certifications on every gift pathway (online forms, pledge cards, DAF recommendations, grant agreements).
Provides the “false certification” proof needed for the safe harbor.
Upgrade due-diligence tools—add country-of-origin and 25% ownership questions to CRM; run name checks with Office of Foreign Assets Control (OFAC) Sanctions Lists or similar government lists.
Detect indirect or pass-through foreign control of donor.
Revise gift-acceptance and refund policies to include SB 700 definitions and 30-day refund mechanics.
Board must certify conflict-of-interest policy that addresses the new law.
Amend contracts with professional fundraisers, platforms, and co-venturers to require their compliance and flow-down certifications.
Liability follows the funds.
Board action: Adopt updated policies, authorize attestations, and delegate compliance oversight.
Statutory mandate; protects directors.
Train staff and volunteers—fundraisers, event teams, chapter leaders—on screening questions and red-flag response.
Reduces inadvertent violations.
Monitor FDACS rulemaking for the final attestation form and registry enrollment rules.
FDACS has not yet published updated forms; details may shift.
Foreign-Source Certification (Florida SB 700)
I certify that neither I nor any entity I control is a “foreign source of concern” as defined in Fla. Stat. § 496.404, and that this contribution is not made on behalf of such a source. I further certify that no foreign source exercises 25% or more voting or profit control over any entity through which this contribution is made. I understand that misrepresentation may subject me to penalties under Florida law.”
Include an electronic signature box and a required checkbox; retain the record for at least three years.
Florida’s foreign-donor ban signals a rising tide of state activism at the intersection of national security and nonprofit regulation. Congressional leaders have already floated similar concepts at the federal level, and at least 17 other states are exploring foreign-influence limits in real estate, higher education, or charitable funding. The outcome of a pending Eleventh Circuit challenge to Florida’s 2023 foreign real-estate-ownership ban could determine how far states may go. Whether or not SB 700 survives potential constitutional challenge, its compliance architecture—attestations, public registries, safe-harbor refunds—offers a roadmap other legislatures can emulate.
For now, charities that rely on Sunshine-State generosity, or that simply process online gifts with a Florida ZIP code, must adapt quickly. With board attention, updated policies, and robust donor screening, compliance is achievable without derailing mission or development goals. Delay, by contrast, risks lost fundraising authority, reputational harm, and steep penalties.
Our team is assisting numerous nonprofit clients in redesigning solicitation materials and briefing their boards on fiduciary duties under SB 700. For further guidance on how these changes impact your nonprofit, contact your Jones Foster attorney.
The information provided in this article does not, and is not intended to, constitute legal advice; it is for general informational purposes only. No reader of this article should act or refrain from acting on the basis of this information without first seeking legal advice from counsel in the relevant jurisdiction to ensure the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.
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