To amend the rule title and update the incorporated department form.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-5.002Forms Used with Complaints

PURPOSE AND EFFECT: To amend the rule title and update the incorporated department form.

SUMMARY: The proposed rule amends the rule title and updates the incorporated department form to conform with statutory changes in Chapter 2021-185, 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 amends the rule title and updates the incorporated form. There are no increased regulatory costs associated with these 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: 501.059(13), 570.07(23) FS.

LAW IMPLEMENTED: 501.059(9)(a), 570.544(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, Chief, Bureau of Mediation and Enforcement, 2005 Apalachee Parkway, Tallahassee, FL 32399-6500 [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-5.002 Complaint Form Forms Used with Complaints.

(1) The following form is hereby adopted by reference and is used by the department in its investigations of alleged violations of section 501.059, F.S.: FDACS-10402, Florida Do Not Call Complaint Form, Rev. XX/21 10/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-         10138.

(2) A copy Copies of the above forms may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Mediation and Enforcement, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at the links identified in subsection (1) above. It may also be completed and submitted online at http://www.freshfromflorida.com/Forms-Publications/Forms.

Rulemaking Authority 501.059(13), 570.07(23) FS. Law Implemented 501.059(9)(a), 570.544(4) FS. History–New 12-28-15, Amended 1-10-19,                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: W. Alan Parkinson, Chief of Mediation and Enforcement

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2021