The proposed rulemaking amends incorporated department forms and updates form references.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-4.004Registration

5J-4.005Exemption

5J-4.014Security Requirements

PURPOSE AND EFFECT: The proposed rulemaking amends incorporated department forms and updates form references.

SUMMARY: The proposed rules update a form revision date, update FDACS-10300, Health Studio Registration Application, and incorporate FDACS-10301, Health Studio Affidavit of Exemption. These amendments will streamline the process of registering or claiming an exemption and ensure statutory compliance with Chapter 2017-85, Laws of Florida and the health studios law.

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 a department form incorporated by reference and incorporate a new form related to registration exemptions. There are no increased regulatory costs associated with these revisions. 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.

RULEMAKING AUTHORITY: 501.014(2), 501.016(1), (2), (3), 570.07(23) FS.

LAW IMPLEMENTED: 501.013, 501.015(1), (2), (3), (4), 501.016(1), (2), (3), 501.017 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: Liz Compton, Bureau Chief, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, email at [e-mail] or by phone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-4.004 Registration.

(1) Unless exempted pursuant to Section 501.013, F.S., any person who intends to open or operate as a health studio shall, prior to offering health studio services, register with the department using FDACS-10300, Health Studio Registration Application, Rev. 03/18 02/17, 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, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-     08117. 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 FDACS-10300, Health Studio Registration Application, Rev. 03/18 02/17, a copy of each contract offered to the public relating to the sale of health studio services, as well as original security documents.

(2) An honorably discharged veteran, the spouse of such a veteran, or a business entity that has a majority ownership held by such a veteran or spouse requesting a waiver of the initial registration fee pursuant to Section 501.015(2), F.S., shall complete FDACS-10991, Military Veteran Fee Waiver Request, Rev. 07/17 10/16, incorporated by reference in Rule 5J-26.001, F.A.C. An applicant requesting a fee waiver shall submit a completed Military Veteran Fee Waiver Request and all required supporting documentation at the time the applicant submits the Health Studio Registration Application referenced in subsection (1).

Rulemaking Authority 501.014(2), 570.07(23) FS. Law Implemented 501.015(1), (2), (3), (4), 501.016(1), (2), 501.017 FS. History–New 2-9-93, Amended 7-10-94, 5-24-95, 1-20-03, 3-8-12, 1-19-14, 4-5-15, 5-10-17,              .

 

5J-4.005 Exemption.

(1) Any person claiming an exemption from the health studio laws pursuant to Section 501.013, F.S., shall, prior to offering health studio services, file with the department FDACS-10301 Health Studio Affidavit of Exemption, Rev. 03/18, 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, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-           the executed Affidavit of Exemption, included in FDACS-10300, Health Studio Registration Application, Rev. 02/17, incorporated by reference in Rule 5J-4.004, F.A.C.

(2) No change.

Rulemaking Authority 501.014(2), 570.07(23) FS. Law Implemented 501.013 FS. History–New 2-9-93, Amended 7-10-94, 5-24-95, 1-20-03, 3-8-12, 1-19-14, 4-5-15, 5-10-17,                .

 

5J-4.014 Security Requirements.

(1) 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 forms included in FDACS-10300, Health Studio Registration Application, Rev. 03/18 02/17, incorporated by reference in Rule 5J-4.004, F.A.C.

(2) No change.

Rulemaking Authority 501.014(2), 501.016(1), (2), (3), 570.07(23) FS. Law Implemented 501.016(1), (2), (3) FS. History–New 4-5-15, Amended 5-10-17,                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Liz Compton, Bureau Chief, Division of Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 27, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 23, 2017