The proposed rules will update an incorporated department form and the penalties rule for streamlining and clarifying purposes and for compliance with recent statutory changes.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-12.002Registration

5J-12.007Enforcement Actions and Administrative Penalties

PURPOSE AND EFFECT: The proposed rules will update an incorporated department form and the penalties rule for streamlining and clarifying purposes and for compliance with recent statutory changes.

SUMMARY: The proposed rules amend an incorporated department form and the penalty section to ensure statutory compliance with Chapters 2023-136 and 2023-154, Laws of Florida. These amendments implement recent statutory changes by requiring an email of record on the Motor Vehicle Repair Registration Application and designating new violations in the penalty section. In addition to the required statutory changes, the form has been streamlined and the fine amounts for violations have been amended.

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 revisions update an incorporated form, align the penalty section with statute, and amends the fine amounts. There are no increased regulatory costs associated with these revisions. 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, 559.904(10)(b), (11), 559.916, 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, Chief, Bureau of Mediation and Enforcement, 2005 Apalachee Parkway, Tallahassee, FL 32399 [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-12.002 Registration.

(1) Any person who intends to operate a motor vehicle repair shop shall, prior to offering motor vehicle repair services, apply for and obtain a registration certificate from the department using FDACS-10900, Motor Vehicle Repair Registration Application, Rev. XX/23 04/19, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Motor Vehicle Repair, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-       10656.

(2) through (5) No change.

Rulemaking Authority 559.92201, 570.07(23) FS. Law Implemented 559.904, 559.916 FS. History–New 1-18-95, Amended 5-24-95, 2-11-98, 1-20-03, 11-4-03, 6-27-05, 11-22-05, 3-8-12, 4-16-15, 2-23-17, 7-11-19,             .

 

5J-12.007 Enforcement Actions and Administrative Penalties.

(1) through (4) No change.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Sections 559.901-559.9221, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. If a notice of noncompliance is imposed for an initial violation, a second violation within a three-year period shall result in a fine of at least $100 not to exceed $1,000. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a minor violation or a major violation as described in subsection (8) below.

(a) through (b) No change.

(6) through (7) No change.

(8) Penalties.

(a) No change.

(b) Minor Violations. Minor violations shall result in imposition of a fine of up to $500 ranging from $100 to $1,000.  The following statutory violations shall be considered minor violations:

1. through 5. No change.

(c) Major Violations. Major violations shall result in the imposition of an administrative fine of up to $1,000 $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. through 2. No change.

3. Violations of Sections 559.920(1)-(10), (12), (16)-(20)(18), F.S.

4. through 5. No change.

(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, 1-1-20,             .

 

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 Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 26, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2023