Notice of Development of Rulemaking

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 Rule 5J-7.004, F.A.C., is to implement Section 496.405, F.S., through the use of DACS Form-10100, Solicitation of Contributions Registration Application, Rev. 7/10. The purpose and effect of Rule 5J-7.005, F.A.C., is to implement Section 496.409, F.S., through the use of DACS Form-10100, Solicitation of Contributions Registration Application, Rev. 7/10. The purpose and effect of Rule 5J-7.006, F.A.C., is to implement Section 496.410, F.S., through the use of DACS Form-10100, Solicitation of Contributions Registration Application, Rev. 7/10. The purpose and effect of Rule 5J-7.007, F.A.C., is to implement Section 496.410(6), F.S., through the use of DACS Form-10100, Solicitation of Contributions Registration Application, Rev. 7/10. The purpose and effect of Rule 5J-7.008, F.A.C., is to implement Section 496.410(8), F.S., through the use of DACS Form-10100, Solicitation of Contributions Registration Application, Rev. 7/10.
SUBJECT AREA TO BE ADDRESSED: Registration application forms for organizations, professional fundraising solicitors, and professional fundraising consultants soliciting or providing services for the solicitation of contributions. This rule development also updates the Notice of Commencement and Financial Report of Campaign forms.
SPECIFIC AUTHORITY: 496.424 FS.
LAW IMPLEMENTED: 496.405, 496.409, 496.10, 496.10(6), 496.10(8) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
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, phone (850)410-3692. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, phone (850)410-3692

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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. 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 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. 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 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. 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 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. 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 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_________.