New Restrictions on Foreign Donations for Florida Charities

Effective July 1, 2025, Charities that are registered to solicit donations in Florida are now prohibited from receiving donations from “foreign sources of concern.”  Florida law defines a “foreign source” as certain individuals with connections to the following countries: 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, which including the following:

1. The government or an official of the government of the above referenced countries;
2. A political party or member of a political party or any subdivision of a political party in any of the above referenced countries;
3. 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 any of the above referenced countries, or a subsidiary of such entity;
4. Any person who is domiciled in any of the above referenced countries and is not a citizen of the United States;
5. An agent, including a subsidiary or an affiliate of a foreign legal entity, acting on behalf of a foreign source of concern as defined above; or
6. An entity in which a person, entity, or collection of persons or entities described in paragraphs (i)-(v) has a controlling interest.

First time violations are only excused under the law if a charity can provide Florida with an attestation from the donor that they are not a “foreign source of concern,” provide a copy of a document reflecting the refund to the donor within thirty (30) days after receipt of notice from Florida regarding the violation, and a plan of action is provided to Florida that illustrates how the charity intends to prevent the acceptance of contributions from “foreign sources of concern” in the future.  In the event a subsequent violation occurs, Florida will deem such violation to be voluntary and may penalize the charity in its discretion.

Penalties for violation of this new law are at the discretion of the state of Florida and range in severity; from civil fines to preventing the charity from being able to solicit donations in the state of Florida.  Notably there is no de minimis exception, which means the receipt of any funds from any “foreign source of concern” can result in severe punishment at the sole discretion of the state of Florida.  As of this writing, no additional guidance has been provided as to how Florida intends to punish individuals in violation, nor has there been guidance as to how Florida intends to enforce the new law. 

The new law also creates an Honest Services Registry which would create a public registry of charities that provide Florida with an attestation that they will not receive donations from “foreign sources of concern.”  As of this writing, such Honest Services Registry has not yet been created.

What this means for charities registered to solicit donations in the state of Florida is that they should do the following:

1. Review and update gift acceptance policies to ensure compliance with the new law.
2. Review and update donation acceptance forms to provide an attestation from donors that they are not a “foreign source of concern.”
3. Consider preparing the attestation to be included on the Honest Services Registry.
4. Confirm that employees (and fundraising professionals with which they are working) are aware of the new law and any procedures required to comply with such law.

For more information on this new law or how it might impact your charity, please contact Jeff Spina-Jennings at the law firm of Gould Cooksey Fennell, who is following these and other legal developments affecting charitable organizations in Florida closely.