The purpose and effect of the amendments to Rules 5J-7.004, 7.005, 7.006, 7.007, and 7.008, F.A.C., is to incorporate by reference updates to the official filing forms for solicitation of contributions, professional fundraising consultants, ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services

Rule No.: RULE TITLE
5J-7.004: Registration
5J-7.005: Professional Fundraising Consultant Registration
5J-7.006: Professional Fundraising Solicitor Registratioin
5J-7.007: Notice of Commencement of Solicitations
5J-7.008: Financial Report of Campaign Form
PURPOSE AND EFFECT: The purpose and effect of the amendments to Rules 5J-7.004, 7.005, 7.006, 7.007, and 7.008, F.A.C., is to incorporate by reference updates to the official filing forms for solicitation of contributions, professional fundraising consultants, professional fundraising solicitors, notice of commencement of solicitations, and financial report of campaign.
SUMMARY: The proposed rules update statutorily mandated registration forms for organizations, professional fundraising solicitors, and professional fundraising consultants soliciting or providing services for the solicitation of contributions. The proposed rules also update the Notice of Commencement and Financial Report of Campaign forms.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 496.424 FS.
LAW IMPLEMENTED: 496.405, 496.409, 496.10, 496.10(6), 496.10(8) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. Phone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. Phone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-7.004 Solicitation of Contributions Registration.

(1) No change.

(2) Unless exempted pursuant to Section 496.406, F.S., every charitable organization or sponsor in this state shall file with the Department DACS Form-10100, Solicitation of Contributions Registration Application, Rev. 7/10, 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 online at the following link: http://www.doacs.state.fl.us/onestop/forms/10100.pdf.

Rulemaking Authority 496.424 FS. Law Implemented 496.405, 496.406, 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,________.

 

5J-7.005 Professional Fundraising Consultant Registration.

Every professional fundraising consultant shall file with the Department DACS Form-10104, Professional Fundraising Consultants Registration Application, Rev. 7/10, 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 online at: http://www.doacs.state.fl.us/onestop/forms/10104.pdf.

Rulemaking Authority 496.424 FS. Law Implemented 496.409 FS. History–New________.

 

5J-7.006 Professional Fundraising Solicitor Registration.

Every professional fundraising solicitor providing fundraising services for an organization who will solicit funds in this state shall file with the Department DACS Form-10101, Professional Solicitors Registration Application, Rev. 7/10, 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 online at: http://www.doacs.state.fl.us/onestop/forms/10101.pdf.

Rulemaking Authority 496.424 FS. Law Implemented 496.410 FS. History–New________.

 

5J-7.007 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 DACS Form-10105, Notice of Commencement of Solicitations Rev. 8/10, 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 online at: http://www.doacs.state.fl.us/onestop/forms/10105.pdf.

Rulemaking Authority 496.424 FS. Law Implemented 496.410(6) FS. History–New________.

 

5J-7.008 Financial Report of Campaign.

Within 90 days after a solicitation campaign has been completed and on 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 DACS Form-10106, Professional Solicitors Financial Report of Campaign Rev. 8/10, 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 may be accessed online at: http://www.doacs.state.fl.us/onestop/forms/10106.pdf.

Rulemaking Authority 496.424 FS. Law Implemented 496.410(8) FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. Phone [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 5, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 24, 2010