The purpose and effect of the proposed amendments to Rule 5J-4.004, F.A.C., are to implement Section 501.015, F.S., through the use of DACS Form-10300, Health Studio Registration Application, Rev. 8/10. The purpose and effect of the proposed ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services

Rule No.: RULE TITLE
5J-4.004: Registration
5J-4.005: Exemption
5J-4.014: Security Requirements
PURPOSE AND EFFECT: The purpose and effect of the proposed amendments to Rule 5J-4.004, F.A.C., are to implement Section 501.015, F.S., through the use of DACS Form-10300, Health Studio Registration Application, Rev. 8/10. The purpose and effect of the proposed amendments to Rule 5J-4.005, F.A.C., are to implement Section 501.013, F.S., through the use of DACS Form-10300, Affidavit of Exemption, included within the Health Studio Registration Application, Rev. 8/10. The purpose and effect of proposed new Rule 5J-4.014, F.A.C., is to implement Section 501.016, F.S., through the use of DACS Form-10300, Health Studio Surety Bond included within the Health Studio Registration Application, Rev. 8/10.
SUMMARY: The proposed rules incorporate by reference the Health Studio Registration Application and Affidavit of Exemption form, and use of correct bond form.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 501.014(2) FS.
LAW IMPLEMENTED: 501.0125, 501.013, 501.015, 501.016 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. Phone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, Phone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-4.004 Registration.

Unless exempted pursuant to Section 501.013, F.S., aAny person who intends to open or operate as a health studio shall, prior to offering health studio services engaging in such activities, register with the Department using form DACS Form 10300, Health Studio Registration Application, Rev. 8/10 Revised 7-10-94 and 7-01-01, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Health Studios, 2005 Apalachee Parkway, Terry L. Rhodes Bldg. Building, Tallahassee, Florida 32399-6500, or online at the following link: http://www.doacs.state.fl.us/onestop/forms/10300.pdf. At the time of registration, the registrant shall submit the applicable nonrefundable registration fee to the Department for each health studio location. The registrant shall submit with form DACS Form 10300, Health Studio Registration Application, Rev. 8/10, a copy of each contract offered to the public relating to the sale of health studio services,. as well as original security documents.

Rulemaking Specific Authority 501.014(2) FS. Law Implemented 501.015(1), (2), (4), 501.017 FS. History–New 2-9-93, Amended 7-10-94, 5-24-95, 1-20-03,_________.

 

5J-4.005 Exemption.

(1) Any person claiming an exemption from the health studio laws pursuant to the provisions of Section 501.013, Florida Statutes, shall from the health studio laws shall, prior to offering engaging in health studio services activities, file with the Department the executed Affidavit of Exemption, which is included in form DACS Form 10300, Rev. 8/10. Revised 7-10-94, and 7-01-01, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Health Studios, 2005 Apalachee Parkway, Terry L. Rhodes Building, Tallahassee, Florida 32399-6500.

(2) No change.

Rulemaking Specific Authority 501.014(2) FS. Law Implemented 501.013 FS. History–New 2-9-93, Amended 7-10-94, 5-24-95, 1-20-03,_________.

 

5J-4.014 Security Requirements.

If filing a bond, Letter of Credit, or Assignment of Certificate of Deposit pursuant to Section 501.016, F.S., the applicant shall use the applicable terms included in DACS Form 10300, Health Studio Registration Application, Rev. 8/10.

Rulemaking Authority 501.014(2) FS. Law Implemented 501.016(1) FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, Phone [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 5, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 24, 2010