This rulemaking creates new rule 5N-1.142, which establishes reporting requirements for agencies upon: (1) the employment or termination of a chapter 493 licensee; (2) the withdrawal, removal, replacement or addition of an agency partner or officer; ...  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Licensing

    RULE NOS.:RULE TITLES:

    5N-1.120Filing of Application; Temporary Authority for Out-of-State Licensees During Declared Emergencies

    5N-1.142Agency Reporting Requirements

    PURPOSE AND EFFECT: This rulemaking creates new rule 5N-1.142, which establishes reporting requirements for agencies upon: (1) the employment or termination of a chapter 493 licensee; (2) the withdrawal, removal, replacement or addition of an agency partner or officer; and (3) the discharge of a firearm by an employee. Applicable language in rule 5N-1.120, will be moved into this new reporting rule. The effect of this rule will be to enhance agency regulatory compliance by providing clear and detailed instructions regarding statutory reporting obligations.

    SUMMARY: Currently, licensed agencies are required to notify the Division of the hiring and termination of employees through either facsimile or postal mail submission of an Employee Action Report. 2017 Legislation modified this procedure by requiring this notification to now be through electronic submission only. Upon the proposal of new rule 5N-1.142, the Division has chosen to include all agency reporting requirements within the same rule.

    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.

    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: 493.6103, 493.6109, FS

    LAW IMPLEMENTED: 493.6105, 493.6106, 493.6108, 493.6109, 493.6111, 493.6112, 493.6113, 493.6118(1)(m), 493.6115(9), 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: John Roberts, Government Analyst I, Department of Agriculture and Consumer Services, Division of Licensing, P.O. Box 5708, Tallahassee, Florida 32314, (850)245-5441, John.Roberts@freshfromflorida.com.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    5N-1.120 Filing of Application; Temporary Authority for Out-of-State Licensees During Declared Emergencies.

    (1) Procedures. Any person who meets the qualifications prescribed by Chapter 493, F.S., and desires a license in the profession or services provided for in the law, shall file with the Division an application using the applications and support forms in Rule 5N-1.100, F.A.C.

    (a) No change.

    (b) When application is being made due to a change in corporate officers, a copy of the minutes of the meeting of the corporation’s board of directors, at which such change was affected shall accompany the application of the new officer(s).

    (c) Each license issued by the Division shall specify on its face the classification of such license. No licensed agency or individual shall engage in regulated activities reserved for any other classification without possessing the appropriate license. No license issued in any of the licensed classifications shall be transferable from the original licensee to any other person. In addition, all licenses will expire at midnight of every second or third year after its date of issuance.

    (2) No change.

    (3) No change.

    Rulemaking Authority 493.6103, 493.6109 FS. Law Implemented 493.6105, 493.6106, 493.6108, 493.6109, 493.6111, 493.6112, 493.6113, 493.6118(1)(m) FS. History–New 2-4-91, Amended 2-1-93, 7-31-96, Formerly 1C-3.120, Amended 12-16-13, _________.

     

    5N-1.142 Agency Reporting Requirements

    (1) Hire and Termination of Employee(s).

    (a) Within 15 days of hire or termination of any employee who has applied for or holds a license regulated under Chapter 493, Florida Statutes, each agency shall make notification to the Department providing the information herein.

    (b) Notification shall be made electronically through submission of an Employee Action Report using the Division’s Licensing Information and Alert System portal located at the following website address: https://licensing.freshfromflorida.com/EAR/earlogin.aspx. A sample of the electronic report is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-.

    (c) Upon the hire of an employee, an agency must submit the employee’s license number and hire date.

    (d) Upon the termination of an employee, an agency must submit the employee’s license number, agency contact name and phone number, date of termination (or resignation), cause for termination, and county where incident occurred, if applicable. The county where the incident occurred is required if a violation of Chapter 493, F.S. was the basis for termination.

    (e) In the event an agency is reporting the hire or termination of an employee who has submitted an application, in addition to (1)(c) and (d), the agency must also submit the individual’s social security number and temporary license type.

    (2) Change in Partner, Corporate Officer, or LLC Member.

    In the event a licensed agency changes a partner, corporate officer, or LLC member, an agency shall, within 5 working days, submit:

    (a) FDACS-16055 Change in Partner, Corporate Officer, or LLC Member, (XX/2018), which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter.

    (b) In addition to FDACS–16055, one of the following documents must accompany the application:

    1. A copy of the minutes from the meeting of the corporation’s board of directors at which such change took affect;

    2. A notarized letter of resignation of previous officer; or

    3. Amended Articles of Incorporation filed with the Department of State.

    (3) Firearm Discharge Reporting.

    Whenever a Class “G” licensee discharges her or his firearm in the course of her or his duties, the Class “G” licensee and the agency by which she or he is employed shall:

    (a)     Within 5 working days, submit to the department a completed FDACS – 16001 Firearm Incident Report, (eff. 4/93), as incorporated in Rule 5N-1.100, F.A. C.

    (b) The report must include an explanation describing the nature of the incident, the necessity for using the firearm, the name, phone number, and address of any witnesses if applicable, and a copy of any report prepared by a law enforcement agency.

    (c) The department may revoke or suspend the Class “G” licensee’s license and the licensed agency’s license if this requirement is not met.

    Rulemaking Authority 493.6103 FS, Law Implemented 493.6112, 493.6115(9),  FS. History–New__________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Grea Bevis, Director, Division of Licensing

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 27, 2017

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 29, 2018

Document Information

Comments Open:
3/30/2018
Summary:
Currently, licensed agencies are required to notify the Division of the hiring and termination of employees through either facsimile or postal mail submission of an Employee Action Report. 2017 Legislation modified this procedure by requiring this notification to now be through electronic submission only. Upon the proposal of new rule 5N-1.142, the Division has chosen to include all agency reporting requirements within the same rule.
Purpose:
This rulemaking creates new rule 5N-1.142, which establishes reporting requirements for agencies upon: (1) the employment or termination of a chapter 493 licensee; (2) the withdrawal, removal, replacement or addition of an agency partner or officer; and (3) the discharge of a firearm by an employee. Applicable language in rule 5N-1.120, will be moved into this new reporting rule. The effect of this rule will be to enhance agency regulatory compliance by providing clear and detailed ...
Rulemaking Authority:
493.6103, 493.6109, FS
Law:
493.6105, 493.6106, 493.6108, 493.6109, 493.6111, 493.6112, 493.6113, 493.6118(1)(m), 493.6115(9), FS
Contact:
John Roberts, Government Analyst I, Department of Agriculture and Consumer Services, Division of Licensing, P.O. Box 5708, Tallahassee, Florida 32314, (850) 245-5441, John.Roberts@freshfromflorida.com.
Related Rules: (2)
5N-1.120. Filing of Application; License Issuance and Temporary Authority of Out of State Licensees
5N-1.142.