The proposed rule amendments and new rules will incorporate department Solicitation of Contributions forms by reference and provide an interim operating license to individual solicitors.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-7.004 Registration

5J-7.009 Professional Fundraising Consultant Registration

5J-7.010 Professional Fundraising Solicitor Registration

5J-7.011 Notice of Commencement of Solicitations

5J-7.012 Financial Report of Campaign

5J-7.013 Disaster Relief

PURPOSE AND EFFECT: The proposed rule amendments and new rules will incorporate department Solicitation of Contributions forms by reference and provide an interim operating license to individual solicitors.

SUMMARY: The proposed rule amendments and additions are to address forms required by the department and to provide guidelines for an interim operating authority to individual’s seeking a solicitor’s license. Forms not previously adopted by rule have been incorporated. All forms are now compliant with recent statutory changes enacted by the Florida Legislature in Ch. 2014-122, 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 Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. With the exception of the fingerprinting fee individual solicitors will incur, there are no additional fees associated with the incorporation of these forms. The fee of approximately $45 falls below the SERC criteria. Additionally, 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: 496.4101(7), 496.424, 570.07(23) FS.

LAW IMPLEMENTED: 496.405, 496.406, 496.4071, 496.4072, 496.409, 496.410, 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: Amy Topol, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, email: [e-mail] or by phone: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-7.004 Registration.

(1) A sponsor shall maintain a current record of its membership, which record shall be no more than 30 days old. A copy of the membership list shall be provided to the dDepartment within ten days upon written demand by the dDepartment. Failure to provide the membership list within the 10 day time period shall be basis for denial or revocation of the sponsor’s registration.

(a) through (c) 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 dDepartment FDACS-10100, Solicitation of Contributions Registration Application, Rev. 11/14 08/13, 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-___ http://www.flrules.org/Gateway/reference.asp?No=Ref-03502.

(3) Charitable organizations and sponsors exempt from registration pursuant to Section 496.406(1)(d), F.S., shall file with the dDepartment FDACS-10110, Small Exempt Charitable Organizations/Sponsors Application, 11/14 07/13, 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-___ http://www.flrules.org/Gateway/reference.asp?No=Ref-03507.

(4)  Charitable organizations or sponsors having more than $1 million in total revenue and spending less than 25 percent of the organizations or sponsor’s total annual functional expenses on program service costs for the immediately preceding fiscal year are required to file with the department FDACS-10114, Solicitation of Contributions Supplemental Financial Disclosure, 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, FL 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.

(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, 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: https://www.flrules.org/gateway/reference. FDACS-10118 may also be completed and submitted online at: www.800helpfla.com/registeronline.

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

 

5J-7.009 Professional Fundraising Consultant Registration.

(1) Every professional fundraising consultant shall file with the dDepartment FDACS-10104, Professional Fundraising Consultant Registration Application, Rev. 11/14 08/13, 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-___ http://www.flrules.org/Gateway/reference.asp?No=Ref-03504.

(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.800helpfla.com.

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

 

5J-7.010 Professional Fundraising Solicitor Registration.

(1) Every professional fundraising solicitor providing fundraising services for an organization who will solicit funds in or from this state shall file with the Department FDACS-10101, Professional Solicitors Registration Application, Rev. 11/14 08/13, 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-___ http://www.flrules.org/Gateway/reference.asp?No=Ref-03503.

(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 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.

(a) Applicants for an individual solicitor’s license will be allowed to engage in solicitation activities under an interim operating authority until such time as the department notifies the applicant of denial or approval of licensure. In no event shall the interim operating authority exceed a period of 90 days.

(b) In the event a license is denied, the interim operating authority shall immediately terminate and the applicant for an individual solicitor’s license shall immediately discontinue operating as a solicitor.

(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.800helpfla.com.

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

 

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. 11/14 08/13, 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-___ http://www.flrules.org/Gateway/reference.asp?No=Ref-03505.

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

 

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. 11/14 07/13, 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-___ http://www.flrules.org/Gateway/reference.asp?No=Ref-03506.

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

 

5J-7.013 Disaster Relief.

Unless exempted pursuant to Section 496.4072, F.S., every charitable organization or sponsor that solicits contributions in this state for a charitable purpose related to a specific disaster or crisis and receives at least $50,000 in contributions in response to such solicitation shall file quarterly disaster relief financial statements with the department. On the last day of the 3rd month following the accrual of at least $50,000 in contributions the charitable organization or sponsor shall file FDACS-10121, Solicitation of Contributions Disaster Relief Quarterly Report, 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.

Rulemaking Authority 496.424 FS. Law Implemented 496.4072 FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amy Topol, Assistant Director, Division of Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 19, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 24, 2014