Best Practices Program

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Child and Farm Labor Program

RULE NO.:RULE TITLE:

61L-1.010Best Practices Program

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. 67, April 6, 2017, issue of the Florida Administrative Register, and updated with a notice of change published in Vol. 43, No. 96, May 17, 2017, issue of the Florida Administrative Register.

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

(1) through (3) No change.

(4) A Florida licensed farm labor contractor seeking designation as a best practices farm labor contractor must request a  field inspection in accordance with the requirements set forth in Ch. 450, Part III, F.S., 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.

(4)(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, Part III, Florida Statutes, and the rules promulgated thereunder where applicable;

(b) No change.

(c) Request a renewal of the designation with the Department no later than 90 days prior to the two-year anniversary date field inspection every two years subsequent to receiving the designation, otherwise failure to timely make such request shall subject the recipient to the termination of the recipient’s designation.  Compliance with this paragraph requires that the recipient: ;

1. Compliance with this paragraph requires that the recipient:

1.a. Contact the Department to request a renewal of the recipient’s designation as a best practices farm labor contractor an annual field inspection and a payroll audit 90 days before the recipient’s two-year anniversary of receiving the designation; and

2.b. Permit a routine compliance investigation both the annual field inspection and the payroll audit to be conducted by the Department prior to the expiration of the recipient’s two-year anniversary date of receiving the designation December 1 of the renewal year, unless such investigation has 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) No change.

(5)(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, 450.33, 450.34,  450.38 FS. History – New.