The purpose and effect of the proposed rule amendment is to clarify the procedures that need to be followed in order for applicants to apply and receive a Farm Labor Contractor Certificate of Registration.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Child and Farm Labor Program

RULE NO.:RULE TITLE:
61L-1.004Requirements of Registration
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to clarify the procedures that need to be followed in order for applicants to apply and receive a Farm Labor Contractor Certificate of Registration.
SUMMARY: The proposed rule clarifies the procedures that need to be followed in order for applicants to apply and receive a Farm Labor Contractor Certificate of Registration.
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 Department conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), F.S.
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: 450.30(8), 450.36 FS.
LAW IMPLEMENTED: 450.30 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: R. Kathleen Brown-Blake, Assistant General Counsel, Office of the General Counsel, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 61L-1.004 follows. See Florida Administrative Code for present text) 

61L-1.004 Procedures for Requirements of Registration.

Application for the issuance of a Farm Labor Contractor Certificate of Registration may be made by U.S. Mail or in person at 1940 North Monroe Street, Tallahassee, Florida, 32399-0783.  Assistance with the application process may be obtained at selected Department of Business and Professional Regulation field offices, or any other place so designated by the Department of Business and Professional Regulation where staff are trained to administer the test and assist with the completion and submission of forms. The application can also be obtained at http://www.myfloridalicense.com/dbpr/reg/farmLabor.html. Prior to the issuance of a certificate of registration, an applicant seeking a certificate must comply with the following requirements:

(1)  Possess a valid Federal Farm Labor Contractor or Employee Certificate of Registration, or timely submit form WH – 530, “Federal Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration” revised December 2011, herein incorporated by reference, to the U.S. Department of Labor at least thirty (30) days prior to the expiration of the current federal certificate of registration, and provide a copy to the Department of Business and Professional Regulation as proof of timely submission.  Form WH-530 can be obtained by contacting the Department at 1940 North Monroe Street, Tallahassee, Florida, 32399-0783 or at http://www.myfloridalicense.com/dbpr/reg/farmLabor.html;

(2) Complete and submit application form DBPR FCL 1004 “Addendum To Application for a Farm Labor Contractor Certificate of Registration”, effective March 2009, adopted and incorporated herein by reference, which can be obtained by contacting the Department at 1940 North Monroe Street, Tallahassee, Florida, 32399-0783 or at http://www.myfloridalicense.com/dbpr/reg/farmLabor.html. All items on the application form must be completed. Applications that do not contain the required information or required application fee will be considered incomplete and will not be processed until the missing information or fee is provided;

(3)  Pay by certified check, cashier's check, money order, or credit card, a nonrefundable application fee of $125.00, payable to the Department of Business and Professional Regulation;

(4) Successfully take and pass the Farm Labor Contractor Test and pay the nonrefundable examination fee of $35.00. The test may be administered at selected Department of Business and Professional Regulation field offices, or any other place so designated by the Department of Business and Professional Regulation.  When an applicant passes the test, they must comply with all other registration requirements before a certificate of registration will be issued;

(5)  Applicants who are also applying for a license to transport workers, in addition to the above listed requirements, must also submit a certificate of insurance demonstrating that the applicant has complied with the applicable liability insurance coverages and produce evidence that each vehicle utilized complies with safety standards as required by these regulations and Section 450.33, F.S.

Rulemaking Authority 450.30  450.36, FS. Law Implemented 450.30  450.31(1)(c), 450.33 FS. History–New 1-19-73, Revised 1-29-74, Amended 10-30-78, Formerly 8B-4.04, Amended 11-28-85, Formerly 38B-4.04, 38B-4.004, Amended 5-23-88, Formerly 38H-4.004, 38H-11.004, Amended ___________.

NAME OF PERSON ORIGINATING PROPOSED RULE: R. Kathleen Brown-Blake, Assistant General Counsel, Office of the General Counsel, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 11, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 29, 2012