Licensing Requirement, Commercial Telephone Seller, Salesperson, Security Requirements, Enforcement Actions and Administrative Penalties
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NO.: RULE TITLE:
5J-6.005 Licensing Requirement, Commercial Telephone Seller, Salesperson
5J-6.015 Security Requirements
5J-6.016 Enforcement Actions and Administrative Penalties
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40 No. 251, December 31, 2014 issue of the Florida Administrative Register.
5J-6.005 Licensing Requirement, Commercial Telephone Seller, Salesperson.
(1) No person may act as a commercial telephone seller or salesperson unless licensed by the Department of Agriculture and Consumer Services. All applicants for a license shall submit to the department FDACS-10001, Commercial Telephone Seller Business License Application, Rev. 01/15, 12/14 , hereby incorporated by reference, along with the required non-refundable fee. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at http:www.flrules.org/Gateway/reference.
(2) through (5) No change.
Rulemaking Authority 501.626 FS. Law Implemented 501.605, 501.607, 501.608, 501.609 FS. History–New 4-12-92, Amended 2-15-93, 6-26-94, 5-15-95, 2-11-98, 1-20-03, 3-29-12, 1-19-14, __________.
5J-6.015 Security Requirements.
No change.
Rulemaking Authority 501.611(3), (5), 501.626 FS. Law Implemented 501.611 FS. History–New__________.
5J-6.016 Enforcement Actions and Administrative Penalties.
(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Sections 501.601-501.626, F.S. The purpose of the guidelines is to give notice of the range of penalties which normally will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase the penalties to be imposed against the violator by the department. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum of $10,000 pursuant to the Class III category as provided in Section 501.612(2)(b), F.S. and in Section 570.971, F.S. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine a total penalty and will be grounds for enhancement of penalties.
(2) through (4) No change.
(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Sections 501.601-501.626, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. In no event shall a fine for a single violation exceed the statutory maximum of $10,000 pursuant to the Class III category as provided in Section 501.612(2)(b), F.S., and in Section 570.971, F.S. 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 $1,000 not to exceed $10,000. 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 (8) below.
(a) Aggravating factors shall include, but not be limited to, the following:
1. through 8. No change.
(b) Mitigating factors shall include, but not be limited to:
1. through 7. No change.
(6) through (8) No change.
(9) Nothing in this rule chapter shall prohibit the department and person charged with a violation from resolving violations prior to administrative hearing, or from entering into settlement pursuant to Section 120.57(4), F.S. The department is authorized to utilize all available remedies to ensure compliance including administrative action, civil actions, and referrals for criminal prosecution. The cost of any enforcement proceeding may be added to any penalty imposed. The department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120, F.S. or Sections 501.601-501.626, F.S.
(10) through (11) No change.
Rulemaking Authority 501.626, 570.07(23), FS. Law Implemented 501.612(1), (2)(d), 570.971(4), FS. History–New _________.
