The purpose of this rulemaking is to amend incorporated department forms to restructure, and to comply with changes to the Solicitation of Contributions Act during the 2023 and 2024 Legislative Sessions.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-7.004Registration

5J-7.009Professional Fundraising Consultant Registration

5J-7.010Professional Solicitor Registration

5J-7.011Notice of Commencement of Solicitations

5J-7.012Financial Report of Campaign

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend incorporated department forms to restructure, and to comply with changes to the Solicitation of Contributions Act during the 2023 and 2024 Legislative Sessions.

SUMMARY: The proposed amendments update incorporated department forms to streamline the application process, and to reflect updated registration requirements set forth in chapter 496, F.S., by chapters 2023-154, 2023-155, and 2024-137, Laws of Florida.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed revisions update incorporated department forms and may potentially reduce registration fees due to the increased threshold amount. There are no increased regulatory costs associated with these revisions. No interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 496.424 FS

LAW IMPLEMENTED: 496.405, 496.406, 496.407, 496.4071, 496.409, 496.410, 496.410(6), (8), 496.4101, 496.426 FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Beth Evans, Chief, Bureau of Compliance, 2005 Apalachee Parkway, Tallahassee, FL 32399 [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-7.004 Registration.

(1) No change.

(2) Unless exempted pursuant to Section 496.406, F.S., every charitable organization or sponsor soliciting in or from this state shall file with the department FDACS-10100, Solicitation of Contributions Registration Application, Rev. XX/24 11/21, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-      13920.

(3) Charitable organizations and sponsors exempt from registration pursuant to Section 496.406(1)(d), F.S., shall file with the department FDACS-10110, Solicitation of Contributions Small Charitable Organizations/Sponsors Application, Rev. XX/24 11/21, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-      13921.

(4) No change.

(5) Charitable organizations or sponsors shall notify the department of all material changes in the information submitted in either the initial registration statement or the last renewal statement within 10 days of the material change. The charitable organization or sponsor shall utilize FDACS-10118, Solicitation of Contributions Material Change Form, Rev. XX/24 11/21, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref- 13922. FDACS-10118 may also be completed and submitted online at: www.FDACS.gov.

(6) No change.

Rulemaking Authority 496.424 FS. Law Implemented 496.405, 496.406, 496.407, 496.4071, 496.409, 496.410, 496.426 FS. History–New 7-7-92, Amended 6-28-94, 3-13-95, 6-4-95, 11-6-95, 3-25-12, 1-19-14, 4-16-15, 1-23-22,             .

 

5J-7.009 Professional Fundraising Consultant Registration.

(1) Every professional fundraising consultant shall file with the department FDACS-10104, Professional Fundraising Consultant Registration Application, Rev. XX/24 01/15, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-       05133.

(2) A professional fundraising consultant must notify the department of all material changes in the information filed with the department within 7 working days of the material change. For convenience, a sample material change form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500 or accessed online at www.FDACS.gov www.800helpfla.com.

Rulemaking Authority 496.424 FS. Law Implemented 496.409 FS. History–New 3-25-12, Amended 1-19-14, 4-16-15,          .

 

5J-7.010 Professional Solicitor Registration.

(1) Every professional solicitor providing fundraising services for an organization who will solicit funds in or from this state shall file with the dDepartment FDACS-10101, Professional Solicitors Registration Application, Rev. XX/24 01/15, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-      05134.

(2) Each officer, director, trustee, or owner of a professional solicitor and an employee of a professional solicitor conducting telephonic solicitations during which a donor’s or potential donor’s personal financial information is requested or provided must, before engaging in solicitation activities, file with the department FDACS-10120, Professional Solicitor Individual License Application, Rev. XX/24 01/15, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-       05135.

(3) Professional solicitors and individual solicitor licensees must notify the department of all material changes in the information filed with the department within 10 days of the material change. For convenience, a sample material change form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500 or accessed online at www.FDACS.gov www.800helpfla.com.

Rulemaking Authority 496.424 FS. Law Implemented 496.410, 496.4101 FS. History–New 3-25-12, Amended 1-19-14, 4-16-15,  .

 

5J-7.011 Notice of Commencement of Solicitations.

No less than 15 days before commencing any solicitation campaign or event, the professional solicitor must file with the department FDACS-10105, Notice of Commencement of Solicitation Rev. XX/24 01/15, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-       05136.

Rulemaking Authority 496.424 FS. Law Implemented 496.410(6) FS. History–New 3-25-12, Amended 1-19-14, 4-16-15,          .

 

5J-7.012 Financial Report of Campaign.

Within 45 days after a solicitation campaign has been completed and within 45 days after the anniversary of the commencement of a solicitation campaign lasting more than 1 year, the professional solicitor must provide to the charitable organization or sponsor and file with the department FDACS-10106, Professional Solicitors Financial Report of Campaign Rev. XX/24 11/14, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-         05137.

Rulemaking Authority 496.424 FS. Law Implemented 496.410(8) FS. History–New 3-25-12, Amended 1-19-14, 4-16-15,          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Beth Evans, Chief of Compliance

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 30, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2023