To update the penalty section and to ensure compliance with recent statutory changes.  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Consumer Services

    RULE NO.:RULE TITLE:

    5J-12.007Enforcement Actions and Administrative Penalties

    PURPOSE AND EFFECT: To update the penalty section and to ensure compliance with recent statutory changes.

    SUMMARY: The proposed rule amends the penalty section and updates it to conform with statutory changes in Chapter 2019-73, Laws of Florida.

    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 rule aligns the penalty section with statute. There are no increased regulatory costs associated with the 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: 559.92201, 570.07(23) FS.

    LAW IMPLEMENTED: 559.904(10)(b), (11), 559.921(4), 570.971(4) 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: W. Alan Parkinson, Bureau Chief, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, email at Alan.Parkinson@FDACS.gov or by phone (850) 410-3697.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    5J-12.007 Enforcement Actions and Administrative Penalties.

    (1) through (7) No change.

    (8) Penalties.

    (a) No change.

    (b) Minor Violations. Minor violations shall result in imposition of a fine ranging from $100 to $1,000. The following statutory violations shall be considered minor violations:

    1. No change.

    2. Failure to comply with sections 559.911(1)-(6), F.S.

    3. Failure to comply with sections 559.915(1) or (2), F.S.

    4. through 5. No change.

    (c) Major Violations. Major violations shall result in the imposition of an administrative fine of $300 to $1,000, denial, suspension, or revocation of the license as prescribed in section 559.904, F.S., or any of the penalties as prescribed in sections 559.921(4)(b)2.-5., F.S. The following violations shall be considered major violations:

    1. Violations of section 559.907(2), F.S.

    2. Violations of sections 559.909(3) or (4), F.S.

    3. Violations of sections 559.920(1)-(10), (12), (16)-(18) (17), F.S.

    4. Violations of section 559.904(11), F.S.

    5.4. Any willful violation of sections 559.901-559.9221, F.S.

    (9) through (11) No change.

    Rulemaking Authority 559.92201, 570.07(23) FS. Law Implemented 559.904(10)(b), (11), 559.921(4), 570.971(4) FS. History–New 4-16-15, Amended 7-13-16,                .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: W. Alan Parkinson, Bureau Chief, Division of Consumer Services

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 22, 2019

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 24, 2019

Document Information

Comments Open:
11/1/2019
Summary:
The proposed rule amends the penalty section and updates it to conform with statutory changes in Chapter 2019-73, Laws of Florida.
Purpose:
To update the penalty section and to ensure compliance with recent statutory changes.
Rulemaking Authority:
559.92201, 570.07(23) FS.
Law:
559.904(10)(b), (11), 559.921(4), 570.971(4) FS.
Contact:
W. Alan Parkinson, Bureau Chief, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, email at Alan.Parkinson@FDACS.gov or by phone (850) 410-3697.
Related Rules: (1)
5J-12.007.