Registration, Document Submission, Student Tour Operator, Security Requirement, Enforcement Actions and Administrative Penalties
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5J-9.002Registration, Document Submission
5J-9.0021Student Tour Operator
5J-9.006Security Requirement
5J-9.008Enforcement 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. 43 No. 42, March 2, 2017 issue of the Florida Administrative Register.
5J-9.002 Registration, Document Submission.
(1) Any person who intends to operate as a seller of travel shall submit FDACS-10200, Sellers of Travel Registration Application, Rev. 04/17 02/17, hereby incorporated by reference, along with the applicable non-refundable registration fee specified by Section 559.928(2), F.S., to the department at the time of registration. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Sellers of Travel, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref- . Businesses may also apply or renew their license online at www.FreshFromFlorida.com.
(2) No change.
(3) An independent agent claiming an exemption from registration shall file with the department FDACS-10211, Sellers of Travel Independent Sales Agents Application Statement of Exemption, Rev. 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: Sellers of Travel, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref- .
(4) No change.
Rulemaking Authority 559.9355(3), 570.07(23) FS. Law Implemented 559.928, 559.9295(16), 559.935(3) FS. History–New 10-6-93, Amended 1-3-95, 6-4-95, 12-27-95, 2-11-98, 10-21-03, 3-29-12, 4-5-15, .
5J-9.0021 Student Tour Operator.
A seller of travel seeking to be an approved student tour operator pursuant to s. 559.9281, F.S., must register or be registered as a seller of travel pursuant to subsection 5J-9.002(1), F.A.C., and must submit FDACS-10214, Sellers of Travel Student Tour Operator, 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: Sellers of Travel, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference .
(1) No change.
(2) A student tour operator and any employee, agent, or independent contractor of the student tour operator whose duties may lead to contact with students must maintain a current Level 2 security clearance with the Florida Department of Education in accordance with the Jessica Lunsford Act, ss. 1012.465-1012.468, F.S.
(3) through (5) No change.
Rulemaking Authority 559.9281(2), 559.9355(3), 570.07(23) FS. Law Implemented 559.9281 FS. History–New .
5J-9.006 Security Requirement.
(1) Prior to engaging in any activities as a seller of travel, each seller of travel shall file with the department an original performance bond in an amount determined by subsection (2) below. The applicant shall utilize the Surety Bond form, included in FDACS-10200 Sellers of Travel Registration Application, Rev. 04/17 02/17, incorporated by reference in Rule 5J-9.002, F.A.C.
(2) The amount of the security for sellers of travel that do not offer vacation certificates shall be $25,000; however, the seller of travel may apply for a reduction by completing the a Security Reduction Application Request included in FDACS-10200 Sellers of Travel Registration Application, Rev. 04/17, incorporated by reference in Rule 5J-9.002, F.A.C., and providing copies of its federal income tax return or an audited financial statement for the immediately preceding fiscal year. A sample Security Reduction Request may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Sellers of Travel Section, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or accessed online at http://www.freshfromflorida.com/Divisions-Offices/Consumer-Services/Business-Services/Travel-Sales. To qualify for reduction of the security, the seller of travel must have a satisfactory consumer complaint history. The amount of the security reduction shall be determined by the seller of travel’s dollar amount of gross annual sales, as follows:
(a) through (c) No change.
(3) The amount of the security for a newly established business or a business under new ownership shall be $25,000; however, the seller of travel may apply to reduce its security to $10,000 by submitting the a Security Reduction Application included in FDACS-10200 Sellers of Travel Registration Application, Rev. 04/17, incorporated by reference in Rule 5J-9.002, F.A.C. Request. To be eligible for a reduction in security, a newly established seller of travel must meet the following criteria:
(a) through (c) No change.
(4) No change.
(5) If filing a bond pursuant to Section 559.929, F.S., the applicant shall use the form included in FDACS-10200, Sellers of Travel Registration Application, Rev. 04/17 02/17, incorporated by reference in Rule 5J-9.002, F.A.C.
(6) No change.
Rulemaking Authority 559.929(2), (3), 559.9355(3), 570.07(23) FS. Law Implemented 559.929 FS. History–New 2-8-94, Amended 6-4-95, 11-6-95, 12-27-95, 2-11-98, 10-21-03, 4-5-15, .
5J-9.008 Enforcement Actions and Administrative Penalties.
No change.
Rulemaking Authority 559.9355(3), 570.07(23) FS. Law Implemented 559.9355, 570.971(4) FS. History–New 4-5-15, Amended 5-25-16, .
