Fla. Admin. Code R. 5J-7.004
Registration; Financial Reporting; Honest Services Registry
Effective May 4, 2026Rulemaking Authority 496.424, 496.431(4) FS. Law Implemented 496.405, 496.406, 496.407, 496.4071, 496.409, 496.410, 496.426, 496.431, 570.161 FS.Department of Agriculture and Consumer Services
(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. 01/26, hereby incorporated by reference. Copies of this form may be accessed online at: HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-19102"http://www.flrules.org/Gateway/reference.asp?No=Ref-19102 or on the department’s website at https://www.FDACS.gov.
- (3) Section 496.405(2)(d) and (e), F.S., requires registrants to submit an attestation statement on a form prescribed by the department related to Chapter 106, F.S. Campaign Financing. Every charitable organization or sponsor soliciting in or from this state shall file with the department FDACS-10124, Attestation Statement of Compliance with Chapter 106, F.S. (Campaign Financing), 01/26, hereby incorporated by reference. Copies of this form may be accessed online at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-19103"http://www.flrules.org/Gateway/reference.asp?No=Ref-19103 or on the department’s website at https://www.FDACS.gov.
- (4) 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. 12/24, hereby incorporated by reference. Copies of this form may be accessed online at: HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-17403"http://www.flrules.org/Gateway/reference.asp?No=Ref-17403 or on the department’s website at https://www.FDACS.gov.
- (5) 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 accessed online at: HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-05131" http://www.flrules.org/Gateway/reference.asp?No=Ref-05131 or on the department’s website at https://www.FDACS.gov.
- (6) 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. 12/24, hereby incorporated by reference. Copies of this form may be accessed online at: HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-17404"http://www.flrules.org/Gateway/reference.asp?No=Ref-17404 or on the department’s website at https://www.FDACS.gov.
- (7) 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 accessed online at: HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-13923"http://www.flrules.org/Gateway/reference.asp?No=Ref-13923 or on the department’s website at https://www.FDACS.gov.
(8) Honest Services Registry.
- (a) A charitable organization seeking to be included in the Honest Services Registry shall file with the department FDACS-10123, Attestation Statement of Compliance with Honest Service Registry Requirements, 01/26, hereby incorporated by reference. Copies of this form may be accessed online at: HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-19104"http://www.flrules.org/Gateway/reference.asp?No=Ref-19104 or on the department’s website at https://www.FDACS.gov.
- (b) Upon approval of an attestation statement by the department, a charitable organization will remain on the Honest Services Registry for 1 year unless the charitable organization no longer qualifies for inclusion on the registry. The charitable organization will immediately contact the department to request it be removed from the registry if the organization solicits or accepts, directly or indirectly, contributions, funding, support, or services from a foreign source of concern; or uses or publishes any messaging or content that is directly or indirectly produced or influenced by a foreign source of concern.
Rulemaking Authority 496.424, 496.431(4) FS. Law Implemented 496.405, 496.406, 496.407, 496.4071, 496.409, 496.410, 496.426, 496.431, 570.161 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, 4-16-15, 1-23-22, 1-16-25, 5-4-26.