The purpose of this rulemaking is to amend the forms incorporated by reference to implement statutory changes and general cleanup, to incorporate a new form to implement statutory changes, and to provide consistency to professional solicitors in ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-7.004Registration

5J-7.009Professional Fundraising Consultant Registration

5J-7.010Professional Fundraising 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 the forms incorporated by reference to implement statutory changes and general cleanup, to incorporate a new form to implement statutory changes, and to provide consistency to professional solicitors in reporting of financial documents.

SUMMARY: The proposed rules update FDACS-10100 Solicitation of Contributions Registration Application, FDACS-10101 Professional Solicitors Registration Application, FDACS-10104 Professional Fundraising Consultant Registration Application, FDACS-10105 Notice of Commencement of Solicitation, FDACS-10106 Professional Solicitors Financial Report of Campaign; incorporates FDACS-10110 Exempt Charitable Organizations/Sponsors Application, to ensure statutory compliance and to make the registration process more efficient; and adjusts the timeframe allowing professional solicitors adequate time to submit required financial documents during a solicitation campaign and to provide consistency in reporting requirements for multi-year campaigns.

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 adopt newly revised and created forms, which were revised and/or created to conform to recent statutory changes. In addition, the timeframe change for professional solicitors to report required financial documents was established to provide consistency in reporting requirements. There are no regulatory costs associated with these revisions. 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: 496.424 FS.

LAW IMPLEMENTED: 496.405, 496.406, 496.409, 496.410, 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. Phone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-7.004 Registration.

(1)(a) through (c) 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 FDACS-10100 DACS Form-10100, Solicitation of Contributions Registration Application, Rev. 07/13 07/11, 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-01007.

(3) Charitable organizations and sponsors exempt from registration pursuant to s. 496.406(1)(d), F.S., shall file with the Department FDACS-10110, Exempt Charitable Organizations/Sponsors Application, 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.

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, 3-25-12,__________.

 

5J-7.009 Professional Fundraising Consultant Registration.

Every professional fundraising consultant shall file with the Department FDACS-10104 DACS Form-10104, Professional Fundraising Consultant Consultants Registration Application, Rev. 07/13 07/10, 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 accessed online at: http://www.flrules.org/Gateway/reference http://www.flrules.org/Gateway/reference.asp?No=Ref-01009.

Rulemaking Authority 496.424 FS. Law Implemented 496.409 FS. History–New 3-25-12, Amended___________.

 

5J-7.010 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 FDACS-10101 DACS Form-10101, Professional Solicitors Registration Application, Rev. 07/13 07/11, 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-01008.

Rulemaking Authority 496.424 FS. Law Implemented 496.410 FS. History–New 3-25-12, Amended___________.

 

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 DACS Form-10105, Notice of Commencement of Solicitation Solicitations Rev. 07/13 08/10, 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 accessed online at: http://www.flrules.org/Gateway/reference http://www.flrules.org/Gateway/reference.asp?No=Ref-01010.

Rulemaking Authority 496.424 FS. Law Implemented 496.410(6) FS. History–New 3-25-12, Amended___________.

 

5J-7.012 Financial Report of Campaign.

Within 45 90 days after a solicitation campaign has been completed and within 45 days after 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 FDACS-10106 DACS Form-10106, Professional Solicitors Financial Report of Campaign Rev. 07/13 08/10, 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 accessed online at: http://www.flrules.org/Gateway/reference http://www.flrules.org/Gateway/reference.asp?No=Ref-01011.

Rulemaking Authority 496.424 FS. Law Implemented 496.410(8) FS. History–New 3-25-12, Amended___________.

 

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: July 2, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 5, 2013