The purpose and effect of the amendments to Rule 5J-4.004, F.A.C., are to implement Section 501.015, F.S., through the use of DACS Form-10300, Health Studio Registration Application, Rev. 08/10. The purpose and effect of the amendments to Rule 5J-4....

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services

Rule No.: RULE TITLE
5J-4.004: Registration
5J-4.005: Exemption
5J-4.013: Definitions
5J-4.014: Security Requirements
PURPOSE AND EFFECT: The purpose and effect of the amendments to Rule 5J-4.004, F.A.C., are to implement Section 501.015, F.S., through the use of DACS Form-10300, Health Studio Registration Application, Rev. 08/10. The purpose and effect of the amendments to Rule 5J-4.005, F.A.C., are to implement Section 501.013, F.S., through the use of DACS Form-10300, Affidavit of Exemption, included within the Health Studio Registration Application, Rev. 08/10. The purpose and effect of new Rule 5J-4.013, F.A.C., is to interpret and implement Section 501.0125(1), F.S., by clarifying the definition of “health studio”, as used in this section to include anyone offering personal fitness training services to the public in exchange for payment, regardless of the location at which services are rendered, unless exempted under Section 501.013, F.S., The purpose and effect of new Rule 5J-4.014, F.A.C., is to implement Section 501.016, F.S., through the use of DACS Form-10300, Health Studio Surety Bond included within the Health Studio Registration Application, Rev. 08/10.
SUBJECT AREA TO BE ADDRESSED: Update of the Health Studio Registration Application and Affidavit of Exemption form, use of correct bond form, and clarification of definition of term “health studio”.
SPECIFIC AUTHORITY: 501.014(2) FS.
LAW IMPLEMENTED: 501.0125, 501.013, 501.015, 501.016 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 WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Miriam S. Wilkinson, Assistant Director, phone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, phone [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5J-4.004 Registration.

Unless exempted pursuant to Section 501.013, F.S., aAny person who intends to open or operate as a health studio shall, prior to offering health studio services engaging in such activities, register with the Department using form DACS Form 10300, Health Studio Registration Application, Rev. 8/10 Revised 7-10-94 and 7-01-01, 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. Building, Tallahassee, Florida 32399-6500, or online at the following link: http://www.doacs.state.fl.us/onestop/forms/10300.pdf. At the time of registration, the registrant shall submit the applicable nonrefundable registration fee to the Department for each health studio location. The registrant shall submit with form DACS Form 10300, Health Studio Registration Application, Rev. 8/10, a copy of each contract offered to the public relating to the sale of health studio services,. as well as original security documents.

Rulemaking Specific Authority 501.014(2) FS. Law Implemented 501.015(1), (2), (4), 501.017 FS. History–New 2-9-93, Amended 7-10-94, 5-24-95, 1-20-03,_______.

 

5J-4.005 Exemption.

(1) Any person claiming an exemption from the health studio laws pursuant to Section the provisions of Section 501.013, Florida Statutes, shall from the health studio laws shall, prior to offering engaging in health studio services activities, file with the Department the executed Affidavit of Exemption, which is included in form DACS Form 10300, Rev. 8/10. Revised 7-10-94 and 7-01-01, 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 Building, Tallahassee, Florida 32399-6500.

(2) No change.

Rulemaking Specific 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,_______.

 

5J-4.013 Definitions.

“Health studio” includes anyone offering personal fitness training services in exchange for payment, regardless of the location at which services are rendered, unless exempted under Section 501.013, F.S.

Rulemaking Authority 501.014(2) FS. Law Implemented 501.0125(1) FS. History–New_________.

 

5J-4.014 Security Requirements.

If filing a bond, Letter of Credit, or Assignment of Certificate of Deposit pursuant to Section 501.016, F.S., the applicant shall use the applicable terms included in DACS Form 10300, Health Studio Registration Application, Rev. 8/10.

Rulemaking Authority 501.014(2) FS. Law Implemented 501.0125(1) FS. History–New_________.