The purpose of this rulemaking is to update statutory and rule references and remove a duplicative disciplinary guideline. The effect will be to ensure greater clarity and accuracy in the Division’s rule, thus benefiting ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing

RULE NO.RULE TITLE:

5N-1.113 Disciplinary Guidelines; Aggravating and Mitigating Circumstances; Range of Penalties

PURPOSE AND EFFECT: The purpose of this rulemaking is to update statutory and rule references and remove a duplicative disciplinary guideline. The effect will be to ensure greater clarity and accuracy in the Division’s rule, thus benefiting the public and the Division of Licensing in its work.

SUMMARY: This rulemaking updates statutory and rule references and removes a duplicative disciplinary guideline.

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 division'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. As part of this analysis, the division concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the division determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. 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: 493.6103 FS.

LAW IMPLEMENTED: 493.6110(2), 493.6111(5), 493.6112(1), (2), 493.6115, 493.6118, 493.6120(5), 493.6121, 493.6124, 493.6301(8), 493.6404 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: Kevin Gay, Records Analyst, Department of Agriculture and Consumer Services, Division of Licensing, P.O. Box 5647, Tallahassee, Florida 32314; [e-mail]; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5N-1.113 Disciplinary Guidelines; Aggravating and Mitigating Circumstances; Range of Penalties.

(1) through (5) No change.

(6) The disciplinary guidelines for violations committed by agencies are as follows:

VIOLATION	RANGE OF PENALTIES
(a) through (g) No change.	(a) through (g) No change.
(h) Allowing an employee to carry a weapon which is not required by the employee’s duties. (Section 493.6115(3) 6118(1)(f), F.S.)	(h) No change.
(i) Allowing an employee to carry a firearm or ammunition not authorized by the division. (Section 493.6115(6) 6118(1)(f), F.S., and Rule 5N-1.131, F.A.C.)	(i) No change.
(j) through (r) No change.	(j) through (r) No change.
(s) Allowing a security officer employee to perform regulated activities without a proper uniform. (Section Sections 493.6118(1)(f), 493.6305(1), F.S.)	(s) No change.
(t) through (y) No change.	(t) through (y) No change.

(7) The disciplinary guidelines for violations committed by individuals are as follows:

VIOLATION	RANGE OF PENALTIES
(a) No change.	(a) No change.
(b) Failure to return agency identification card or equipment to employer upon termination. (Section Sections 493.6111(5)(c) 493.6118(1)(f), F.S.)	(b) No change.
(c) No change.	(c) No change.
(d) Carrying a firearm or ammunition not authorized by the division. (Section 493.6115(6), F.S., and Rule 5N-1.129, F.A.C.)	(d) No change.
(e) No change.	(e) No change.
(f) Conviction of or adjudication of guilt withheld on a crime directly related to the business for which the license is held. (Section 493.6118(1)(c), F.S., and Rule 5N-1.114, F.A.C.)	(f) No change.
(g) through (n) No change.	(g) through (n) No change.
(o) Violation of a cease and desist order issued by the division. ((Section Sections 493.6118(1)(k) 493.6120(5), F.S.)	(o) No change.
(p) through (w) No change.	(p) through (w) No change.
(x) Conviction for, or adjudication of guilt withheld on, a crime directly related to the business for which the license is held. (Section 493.6118(1)(c), F.S., and Rule 5N-1.114, F.A.C.)	(x) Revocation or denial of license.

(8) No change.

(9) The disciplinary guidelines for violations committed by instructors and schools or training facilities are as follows:

VIOLATION	RANGE OF PENALTIES
(a) No change.	(a) No change.
(b) Failing to provide students with the proper hours of instruction. (Sections Section 493.6118(1)(f), 493.6303(4)(a), 493.6403(2), F.S., and Rule 5N-1.140, F.A.C.)	(b) No change.
(c) through (d) No change.	(c) through (d) No change.
(e) Employing an unlicensed instructor to teach at a licensed school. (Sections Section 493.6118(1)(g), 493.6301(8), 493.6401(8), F.S.)	(e) No change.
(f) Failure to teach approved curriculum. (Sections 493.6118(1)(f), 493.6118(1)(t), F.S., and Rule 5N-1.140, F.A.C.)	(f) No change.
(g) Operating an unlicensed school or training facility. (Section 493.6118(1)(g), F.S. Rule 5N-1.134, F.A.C.)	(g) No change.

 

Rulemaking Authority 493.6103 FS. Law Implemented 493.6106, 493.6110(2), 493.6111(5), 493.6112(1), (2), 493.6115, 493.6118, 493.6120(5), 493.6121(2), 493.6124, 493.6301(8), 493.6303(4), 493.6305(1), 493.6401(8), 493.6403(2), 493.6404 FS. History–New 5-7-91, Amended 5-15-95, Formerly 1C-3.113, Amended 5-23-19, 9-24-20,_______________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Steven Hurm, Director, Division of Licensing

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 21, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 26, 2020