The purpose and effect of the proposed rule creation is to clarify the procedures that need to be followed in order for applicants to renew a Farm Labor Contractor Certificate of Registration and to retake the Florida Farm Labor Contractor Test.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Child and Farm Labor Program

RULE NOS.: RULE TITLES:
61L-1.005Renewal of Registration Certificate
61L-1.006Reexamination
PURPOSE AND EFFECT: The purpose and effect of the proposed rule creation is to clarify the procedures that need to be followed in order for applicants to renew a Farm Labor Contractor Certificate of Registration and to retake the Florida Farm Labor Contractor Test.
SUMMARY: The proposed rule clarifies the procedures that need to be followed in order for applicants to renew a Farm Labor Contractor Certificate of Registration and to retake the Florida Farm Labor Contractor Test.
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 rules’ potential economic impact and determined that they do 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, 450.31 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:

61L-1.005 Renewal of Registration Certification.

(1) Application for the renewal of a Florida Farm Labor Contractor Certificate of Registration may be made at least 30 days prior to expiration, by U.S. Mail or in person at 1940 North Monroe Street, Tallahassee, Florida, 32399-0783.  Assistance 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. Prior to the renewal of a certificate previously issued, a person seeking a certificate must comply with the following requirements:

(a) 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,” herein incorporated by reference, to the U.S. Department of Labor at least thirty (30) days prior to the expiration of their current Federal Farm Labor Contractor 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;

(b) Complete and submit renewal 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;

(c) Pay by certified check, cashier's check, money order, or credit card, a nonrefundable renewal fee of $125.00.

(2)  Applications that do not contain the required information or required application and examination fees will be considered to be incomplete and will not be processed until the missing information or fee is provided. 

Rulemaking Authority 450.36 FS. Law Implemented 450.30, 450.31(1)(c), 450.33 FS. History–New ______________.

 

61L-1.006 Reexamination.

(1) A farm labor contractor seeking to retake the Florida Farm Labor Contractor Test must comply with the following:

(a) Schedule to take the exam with the Department of Business and Professional Regulation;

(b) Present a state or federal issued photo identification to the test administrator prior to retaking the examination;

(c) Pay by certified check, cashier's check, money order, or credit card, a nonrefundable reexamination fee of $35.00.

(2) Reexamination 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. 

Rulemaking Authority 450.36 FS. Law Implemented 450.30, 450.31(1)(c) FS. History–New ______________.

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