Enforcement and Penalties

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO.: RULE TITLE:
5E-14.149: Enforcement and 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. 37 No. 51, December 22, 2011 issue of the Florida Administrative Weekly.

PURPOSE AND EFFECT: One of the purposes and effects of the proposed rule is to allow a person owing a fine to the Department to enter into an agreement with the Department to re-pay the fine, which will allow the person to apply for licensure. Another purpose and effect of the proposed rule is to comply with recent changes to Section 112.011, F.S., which prohibit the denial of a license solely because of an applicant’s lack of civil rights but permit the denial of a license to pursue an occupation, trade, vocation, profession or business to a person convicted of a felony or first degree misdemeanor if the denial is directly related to standards determined by the regulatory authority to be necessary and reasonably related to the protection of public health, safety and welfare for the specific occupation, trade, vocation, profession or business for which the license is sought. The proposed rule will allow persons convicted of a felony or first degree misdemeanor to obtain a license under Chapter 482, F.S., to perform pest control, even if their civil rights have not been restored and restricts the issuance of such a license only for reasons directly related to standards determined by the Department to be necessary and reasonably related to the protection of the public health, safety and welfare. Revising criteria for the issuance of Department credentials to felons.

SUMMARY: The proposed rule is being developed to allow a person owing a fine to enter into an agreement with the Department to re-pay the fine, which will allow the person to apply for licensure under Chapter 482, F.S. and to adequately address changes to subsections 6 and 9 of the rule relating to denial, suspension or revocation of licensure, that will implement the change in the law set forth in Section 3 of 2011 SB 146, amending F.S. 112.011, which was enacted into law and will become effective January 1, 2012.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this rule will not have an 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 regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

Based on the Department’s experiences with regulatory activities and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would exceed any one of the economic analysis criteria in a Statement of Economic Regulatory Costs (SERC) as set forth in Section 120.541(2)(a), Florida Statutes. More particularly, the proposed rule will not impose any increased cost on the pest control industry for applicants to obtain a license to perform pest control under Chapter 482, F.S., nor will it increase any other regulatory cost. Additionally, 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.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5E-14.149 Enforcement and Penalties.

(1) through (8) No change.

(9) Suspension and Revocation.

(a) Suspension will be imposed when:

1. through 7. No change.

(b) Revocation will be imposed when:

1. A violator does not comply with a suspension order, or if a licensee or certificate holder has been suspended twice in three years.

2. A person has obtained licensure of any kind under Chapter 482, F.S. and the Department subsequently determines that the person that is the holder of the licensure falls into any of the categories set forth in paragraph (6)(c) above that would be grounds for denying licensure under Chapter 482, F.S. and the person will not be able to correct or cure the grounds for denying licensure but suspension would not be an adequate remedy because the grounds for denying licensure could not be corrected or removed within a period of two years.

(10) through (14) No change.

Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 112.011, 482.161, 482.163 FS. History–New 7-13-06, Amended 7-11-07, 8-4-08,________.