The rule amendment changes the fee schedule for shell egg grading services provided by the Florida Department of Agriculture and Consumer Services.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food Safety

Rule No.: RULE TITLE
5K-6.010: Grading Services for Shell Eggs
PURPOSE AND EFFECT: The rule amendment changes the fee schedule for shell egg grading services provided by the Florida Department of Agriculture and Consumer Services.
SUBJECT AREA TO BE ADDRESSED: The Florida Department of Agriculture and Consumer Services provides voluntary grading services to food establishments that process shell egg grading services in accordance with the cooperative agreement established between the US Department of Agriculture (USDA) and this agency as authorized under Section 583.052, Florida Statutes. Under the statement of work provided in this cooperative agreement, the Department shall charge fees to the shell egg processor in order to collect all costs incurred by this agency associated with this service and administration of this program. Historically, rule language specific to the fee schedule was promulgated every three to five years to provide a multi-year revenue base to ensure coverage of current and projected program costs. The agency is now seeking a modification to this fee schedule to collect revenues needed to support all program costs for the current fiscal year (FY 2010/2011) only. Subsequently, the agency will assess the revenues needed each fiscal year and proceed with annual rule adoption of fee increases to support all program costs.
SPECIFIC AUTHORITY: 570.07(23), 583.04 FS.
LAW IMPLEMENTED: 583.051, 583.052 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.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, Mail Stop C-18, Tallahassee, FL 32399-1650; telephone: [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5K-6.010 Grading Services for Shell Eggs.

(1) through (2) No change.

(3) Under that agreement and to offset the cost of providing services to the producer who orders them, the department establishes the following schedule:

(a) Grader’s time per hour for:

1. Regular Hours                                $35.00 39.50

2. Overtime Hours                              $39.00 43.50

3. Holiday Hours                                $52.50 59.25

4. Regular Shift Differential              $37.00 41.50

5. Overtime Shift Differential            $41.00 45.50

6. In addition to the charge for the grader’s time per hour, an additional charge of $2.00 per hour shall be charged to regular and overtime hours worked at a resident location on a shift beginning after 3:00 p.m.

(b) Travel time and costs:

1. Time for travel to and from the grader’s headquarters for grading services at a non-resident or part-time resident location, or on non-scheduled days at a resident location shall be charged at the same rate as grading services provided.

2. Mileage and per diem to and from the grader’s headquarters for grading services at a non-resident or part-time resident location, or on non-scheduled days at a resident location shall be reimbursed at the prevailing rates provided in Section 112.061, F.S.

(4) through (6) No change.

Rulemaking Authority 570.07(23), 583.04 FS. Law Implemented 583.051, 583.052 FS. History–New 8-13-92, Formerly 5E-8.010, Amended 9-30-96, 9-5-01, 10-1-06, 7-1-10,________.