The purpose of this rulemaking is to amend the form incorporated by reference to implement statutory changes and general cleanup.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-4.004Registration

5J-4.005Exemption

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend the form incorporated by reference to implement statutory changes and general cleanup.

SUMMARY: The proposed rule updates FDACS-10300 Health Studio Registration Application to ensure statutory compliance and to make the registration process more efficient.

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 adopt a newly revised form, which was revised to conform to recent statutory changes. There are no 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) FS.

LAW IMPLEMENTED: 501.015(1), (2), (3), (4), 501.016(1), (2), 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: Amy Topol, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500. Phone [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-4.004 Registration.

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 DACS Form 10300, Health Studio Registration Application, Rev. 07/13 07/11, 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, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-_______ http://www.flrules.org/Gateway/reference.asp?No=Ref-00974. At the time of registration, the registrant shall submit the applicable nonrefundable registration fee to the dDepartment for each health studio location. The registrant shall submit with FDACS-10300 DACS Form 10300, Health Studio Registration Application, Rev. 07/13 07/11, a copy of each contract offered to the public relating to the sale of health studio services, as well as original security documents.

Rulemaking Authority 501.014(2) 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,_______.

 

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 dDepartment the executed Affidavit of Exemption, included in FDACS-10300 DACS Form 10300, Rev. 07/13 07/11.

(2) The dDepartment may request a person claiming an exemption under Section 501.013, F.S., to submit supporting documentation necessary to establish the person is entitled to such exemption.

Rulemaking Authority 501.014(2) FS. Law Implemented 501.013 FS. History–New 2-9-93, Amended 7-10-94, 5-24-95, 1-20-03, 3-8-12,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Amy Topol, Assistant Director, 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: June 26, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 27, 2013