The purpose of this rulemaking is to repeal all of the rules in Chapter 5J-11, F.A.C.  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Consumer Services

    RULE NOS.:RULE TITLES:

    5J-11.002Definitions

    5J-11.003Certification of Dispute-settlement Procedures

    5J-11.004Notification

    5J-11.005Filing of Claim with Certified Dispute-settlement Procedure

    5J-11.006Decisions

    5J-11.007Submission of Information to the Division

    5J-11.008Motor Vehicle Inspections

    5J-11.009Records

    5J-11.010Annual Report

    5J-11.011Hearings or Meetings

    PURPOSE AND EFFECT: The purpose of this rulemaking is to repeal all of the rules in Chapter 5J-11, F.A.C.

    SUMMARY: The Department is repealing these rules because it no longer administers the Florida Lemon Law Program. Enforcement of Chapter 681, F.S., the Motor Vehicle Warranty Enforcement Act was transferred to the Department of Legal Affairs. The receiving agency did not want the rules transferred. The rules are unnecessary and the Department lacks statutory authority to maintain them.

    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costs or if no SERC is required, the information expressly relied upon and described herein: The rules are being repealed because the Department’s statutory authority no longer exists. 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: 681.108 FS.

    LAW IMPLEMENTED: 681.108 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: (850)410-3662

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    5J-11.002 Definitions.

    Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed_________.

     

    5J-11.003 Certification of Dispute-settlement Procedures.

    Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed_________.

     

    5J-11.004 Notification.

    Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed_________.

     

    5J-11.005 Filing of Claim with Certified Dispute-settlement Procedure.

    Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed_________.

     

    5J-11.006 Decisions.

    Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, 2-25-01, Repealed_________.

     

    5J-11.007 Submission of Information to the Division.

    Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed_________.

     

    5J-11.008 Motor Vehicle Inspections.

    Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Repealed_________.

     

    5J-11.009 Records.

    Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed_________.

     

    5J-11.010 Annual Report.

    Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed_________.

     

    5J-11.011 Hearings or Meetings.

    Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Repealed_________.

     

    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: July 31, 2014

Document Information

Comments Open:
8/8/2014
Summary:
The Department is repealing these rules because it no longer administers the Florida Lemon Law Program. Enforcement of Chapter 681, F.S., the Motor Vehicle Warranty Enforcement Act was transferred to the Department of Legal Affairs. The receiving agency did not want the rules transferred. The rules are unnecessary and the Department lacks statutory authority to maintain them.
Purpose:
The purpose of this rulemaking is to repeal all of the rules in Chapter 5J-11, F.A.C.
Rulemaking Authority:
681.108 FS.
Law:
681.108 FS.
Contact:
Amy Topol, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500. Phone (850) 410-3662.
Related Rules: (10)
5J-11.002. Definitions
5J-11.003. Certification of Dispute-settlement Procedures
5J-11.004. Notification
5J-11.005. Filing of Claim with Certified Dispute-settlement Procedure
5J-11.006. Decisions
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