The purpose and effect of the proposed rule is to help the public identify certain farm labor contractors who have demonstrated firm commitment to responsible and safe labor practices with a designation as a best practices farm labor contractor in ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Child and Farm Labor Program

RULE NO.:RULE TITLE:

61L-1.010Best Practices Program

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to help the public identify certain farm labor contractors who have demonstrated firm commitment to responsible and safe labor practices with a designation as a best practices farm labor contractor in accordance with the provisions in s. 450.321, F.S

SUMMARY: The proposed rulemaking creates proposed rule 61L-1.010, F.A.C., in order to implement an incentive program to designate certain farm labor contractors who have demonstrated a firm commitment to responsible and safe labor practices in furtherance of the Department’s goal to help consumers identify best practices farm labor contractors and harmonize the Legislature’s intent set forth in s. 450.321, F.S

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 economic review conducted 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: 450.321, 450.36 F.S.

LAW IMPLEMENTED: 450.28, 450.321, 450.38 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61L-1.010 Best Practices Incentive Program for Farm Labor Contractors. -

(1)               In order to help public identification of farm labor contractors who demonstrate firm commitment to responsible and safe labor practices, a Florida licensed farm labor contractor may request the Division to be recognized as a designed best practices farm labor contractor, upon a finding by the Department the farm labor contractor licensee meets the qualifications set forth below.

(2) To be eligible as a recipient for designation as a best practices farm labor contractor, a valid Florida licensed farm labor contractor must submit a request for such designation to the Department and maintain valid licensure in this state for three years prior to the request for designation.

(3) A request for designation as a best practices farm labor contractor may be denied or revoked if the Florida licensed farm labor contractor:

(a) Has been disciplined or be under investigation by the Department for any major violations as delineated in Rule 61L-1.012, F.A.C., within the past three years;

 

(b) Has been disciplined or be under investigation by the Department for three or more minor violations as delineated in Rule 61L-1.012, F.A.C., within the past three years;

(c) Has had a registration, certification, or license revoked or suspended by this state or any other jurisdiction for any offense related to regulated agricultural activities, business, or vocation within the past five years;

(d) Has been found guilty, with or without adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere in this state, in any other state, or under the laws of the United States of a capital felony, a felony, or an offense in any other jurisdiction which would be a felony under the laws of this state, within the past ten years;

(e) Has been found guilty, with or without adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere in this state, in any other state, or under the laws of the United States of a crime, if such crime is related to gambling, controlled substances, alcohol, labor relations, child labor, or agricultural activities within the past five years;

(f) Has been found guilty, with or without adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere in this state, in any other state, or under the laws of the United States of two or more misdemeanors within the past five years; or

(g) Has failed to comply with any requirements set forth in this rule.

(4) A Florida licensed farm labor contractor seeking designation as a best practices farm labor contractor must request a field inspection with the Department within 90 days of the designation request, otherwise such request will be deemed denied. A field inspection shall take place while employees are present and working during regular business or operating hours.

(5) As a condition of designation and to maintain the designation as a best practices farm labor contractor, the requesting recipient of a designation as a best practices farm labor contractor shall:

(a) Continue to be in compliance with Chapter 450, Florida Statutes, and the rules promulgated thereunder where applicable;

(b) Continue to be in compliance with requirements set forth in this rule;

(c) Request a Department field inspection every two years subsequent to receiving the designation;

1. Compliance with this paragraph requires that the recipient:

a. Contact the Department to request an annual field inspection and a payroll audit 90 days before the recipient’s two-year anniversary of receiving the designation;

b. Permit both the annual field inspection and the payroll audit to be conducted by the Department prior to December 1 of the renewal year, unless a field inspection and payroll audit have already been completed by a Department official prior to that date; and

2. If the recipient fails to contact the Department to request an annual field inspection and a payroll audit prior to 90 days before the recipient’s two-year anniversary of receiving the designation, the recipient’s designation as a best practices farm labor contractor may be revoked.

(d) Notify the Department within 60 days of any event the recipient fails to be in compliance with the provisions of this rule.  Failure to timely report such an event may result in the recipient’s designation to be revoked by the Department.

(6) Recipients of a designation as a best practices farm labor contractor will be listed and maintained on the Department’s website.

Rulemaking Authority 450.321, 450.36 FS.  Law Implemented 450.28, 450.321,  450.38 FS. History – New               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Matilde Miller, Interim Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 29, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 8, 2017.