The purpose of this rulemaking is to create Rule Chapter 5J-5, F.A.C., to provide definitions and incorporate department forms. It will also provide a penalty structure for violations of the law governing no sales telephone solicitation, consistent ...  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Consumer Services

    RULE NOS.:RULE TITLES:

    5J-5.001Definitions

    5J-5.002Complaints

    5J-5.003Enforcement Actions and Administrative Penalties

    PURPOSE AND EFFECT: The purpose of this rulemaking is to create Rule Chapter 5J-5, F.A.C., to provide definitions and incorporate department forms. It will also provide a penalty structure for violations of the law governing no sales telephone solicitation, consistent with others established within the department.

    SUBJECT AREA TO BE ADDRESSED: Definitions, incorporated department forms required to comply with no sales telephone solicitation law, and guidance for increasing or decreasing fines based on aggravating and mitigating factors.

    RULEMAKING AUTHORITY: 501.059(12), 570.07(23) FS.

    LAW IMPLEMENTED: 501.059(1)(h), (4), (5), (9)(a), (b), 570.544(4), 570.971(4) FS.

    IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Amy Topol, Assistant Director, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, email: Amy.Topol@FreshFromFlorida.com or by phone: (850)410-3662

    THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.

Document Information

Subject:
Definitions, incorporated department forms required to comply with no sales telephone solicitation law, and guidance for increasing or decreasing fines based on aggravating and mitigating factors.
Purpose:
The purpose of this rulemaking is to create Rule Chapter 5J-5, F.A.C., to provide definitions and incorporate department forms. It will also provide a penalty structure for violations of the law governing no sales telephone solicitation, consistent with others established within the department.
Rulemaking Authority:
501.059(12), 570.07(23) FS.
Law:
501.059(1)(h), (4), (5), (9)(a), (b), 570.544(4), 570.971(4) FS.
Contact:
Amy Topol, Assistant Director, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, email at “Amy.Topol@FreshFromFlorida.com” or by phone (850) 410-3662.
Related Rules: (3)
5J-5.001. Definitions
5J-5.002. Forms Used with Complaints
5J-5.003. Enforcement Actions and Administrative Penalties