Florida Administrative Code
5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
5J - Division of Consumer Services
Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS
Section 5J-7.004 - Registration

Universal Citation: FL Admin Code R 5J-7.004

Current through Reg. 50, No. 187; September 24, 2024

(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 department within ten days upon written demand by the department. 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) The membership list shall be maintained at the sponsor's principal place of business. If the sponsor's principal place of business is located outside the state of Florida, a copy of the membership list shall be maintained at any Florida location of the sponsor.

(b) The membership list shall include each member's full name; rank or position; place of employment, including telephone number; and home street address and telephone number. The membership list shall also designate those members who are actively employed.

(c) For the purposes of Section 496.426, F.S., "actively employed" shall mean a person under any contract of hire, express or implied, oral or written, for a salary or other compensation, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.

(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. 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. 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) 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.asp?No=Ref-05131.

(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. 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) A charitable organization or sponsor that is required to initially register or annually renew registration must file an annual financial statement for the immediately preceding fiscal year. The charitable organization or sponsor shall utilize FDACS-10122, Solicitation of Contributions Annual Financial Reporting Form, 11/21, hereby incorporated by reference, or shall submit IRS forms and schedules in accordance with Section 496.407, F.S. 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-13923.

Rulemaking Authority 496.424 FS. Law Implemented 496.405, 496.406, 496.407, 496.4071, 496.409, 496.410, 496.426 FS.

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.

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