To update and revise cited statutory language provided therein, clarify existing form language, remove unnecessary language, and amend reference to the amount of delinquent fees based upon changes in law.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NOS.:RULE TITLES:

61-24.004Collection and Payment of Fees

61-24.010Disciplinary Guidelines

61-24.012Application Process

PURPOSE AND EFFECT: To update and revise cited statutory language provided therein, clarify existing form language, remove unnecessary language, and amend reference to the amount of delinquent fees based upon changes in law.

SUMMARY: The proposed rulemaking amends Rules 61-24.004, .010, and .012, F.A.C., to update and revise cited statutory language provided therein, clarifies existing form language, removes unnecessary language, and amends reference to the amount of delinquent fees based upon changes in law.

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: 455.203, 455.271, 468.457, FS

LAW IMPLEMENTED: 455.203, 455.2281, 455.227, 455.228, 455.271, 468.453, 468.4536, 468.456, 468.4561, 468.45615, 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: 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:

 

61-24.004 Collection and Payment of Fees.

(1) The following fee schedule is adopted by the Department of Business and Professional Regulation for the licensure of persons desiring to practice as an athlete agent pursuant to Section 468.453, F.S.

(a) through (e) No change.

(f) Delinquent Fee – $25.00 100.00.

(g) through (i) No change.

(2) No change.

Rulemaking Authority 455.203, 455.271, 468.457 FS. Law Implemented 455.203, 455.2281, 455.271, 468.453, 468.4536 FS. History–New 1-4-89, Formerly 21-24.004, Amended 3-28-96, 6-9-03, 1-25-12, 10-23-14, 3-30-15,                          .

 

61-24.010 Disciplinary Guidelines.

(1) When the Department finds a registrant whom it regulates under Chapter 468, Part IX, F.S., has committed any of the acts set forth in Rule 61-24.009, F.A.C., or Section 468.453, 468.454, and 468.456, and 468.45615, F.S., it shall issue a Final Order imposing appropriate penalties as recommended in the following disciplinary guidelines.

(a) Publishing or causing to be published false or misleading information or advertisements, or giving any false information or making false promises to a student athlete concerning employment as provided in Section 468.456(1)(j), F.S.; the usual recommended penalty shall be suspension or revocation of the athlete agent’s registration. Suspension shall be for a period of time to be determined by the Secretary of the Department or his designee. The period of suspension shall not exceed four years or two renewal periods, whichever is shorter. Revocation shall be permanent with no provisions for future registration.

(b) Failing to register with the Department or failing to renew an athlete agent’s registration as provided in Section 468.4561, F.S. Rule 61-24.003, F.A.C.; the usual recommended penalty shall be suspension or revocation of the athlete agent’s registration. Suspension shall be for a period of time to be determined by the Secretary of the Department or his designee. The period of suspension shall not exceed four years or two renewal periods, whichever is shorter. Revocation shall be permanent with no provisions for future registration.

(c) through (e) No change.

(2) through (3) No change.

(4) The provisions of subsections (1) through (3), above, shall not be construed so as to prohibit civil action or criminal prosecution as provided in Section 468.456(3), 455.227,  468.453(3) or 455.228, F.S., and the provisions of subsections (1) through (3), above, shall not be construed so as to limit the ability of the Department to enter into binding stipulations with accused parties pursuant to the provisions of Section 120.57(4)  (3), F.S.

Rulemaking Authority 468.457 FS. Law Implemented 455.227, 455.228  468.453, 468.456, 468.4561, 468.45615 FS. History–New 1-4-89, Formerly 21-24.010, Amended                    .

 

61-24.012 Application Process.

An individual seeking to become a licensed athlete agent shall submit a completed “Application for Licensure as an Athlete Agent”, form number DBPR AA-4101, as incorporated by reference in Rule 61-35.004(1), F.A.C. effective 04/26/03 and incorporated herein by reference, together with all fees as set forth in Rule 61-24.004, Florida Administrative Code. The application forms can be obtained by writing to the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0767, by telephoning [phone] during regular business hours or by picking them up at the aforementioned address.

Rulemaking Authority 468.457 FS. Law Implemented 468.453 FS. History–New 7-31-96, Amended 6-9-03,                    .

 

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: Jonathan Zachem, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 31, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 28, 2017 (v. 43, n. 125)