The proposed rulemaking updates the penalty section to align major violations with recent statutory changes.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-15.002Enforcement Actions and Administrative Penalties

PURPOSE AND EFFECT: The proposed rulemaking updates the penalty section to align major violations with recent statutory changes.

SUMMARY: The proposed rule amends the penalty section to ensure statutory compliance with ch. 2017-79, Laws of Florida and the household moving services law. This amendment implements recent statutory changes by designating a new violation in the penalty section.

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 proposed revisions align the penalty section with statute. There are no increased regulatory costs associated with these revisions. 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: 507.09(3), 570.07(23) FS.

LAW IMPLEMENTED: 507.08, 507.09, 507.10, 507.11, 570.971(5) 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: W. Alan Parkinson, Bureau Chief, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, email at [e-mail] or by phone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-15.002 Enforcement Actions and Administrative Penalties

(1) through (7) No change.

(8) Penalties.

(a) through (b) No change. 

(c) Major Violations. A violation of Chapter 507, F.S., or this rule chapter is a major violation if it results in economic or physical harm to a person or adversely affects the public health, safety, or welfare, or creates a significant threat of such harm. Major violations shall result in the imposition of an administrative fine of $1,000 to $5,000, suspension or revocation of the license as prescribed in Section 507.09(1)(d), F.S., or any of the penalties as prescribed in Section 507.09(1)(b)-(e), F.S. The following violations shall be considered major violations:

1. through 2. No change.

3. Failure to comply with Section 507.03(9), F.S.

4. through 9. renumbered 3. through 8. No change.

(9) Failure to respond to an administrative complaint shall result in the entry of a default Final Order against the violator or entity responsible for the violation.

(a) The department shall impose the maximum administrative fine amount of $5,000 per violation pursuant to a Class II violation as referenced in Section 507.09(1)(b), F.S. and in Section 570.971, F.S., for a default Final Order.

(b) The department shall impose an administrative fine in the amount of $10,000 per violation of section 507.07(9), F.S., pursuant to a Class IV violation as referenced in section 507.09(1)(b), F.S., and in section 570.971, F.S., for a default Final Order.

(10) No change.

Rulemaking Authority 507.09(3), 570.07(23) FS. Law Implemented 507.08, 507.09, 507.10, 507.11, 570.971(5)(4) FS. History–New 11-24-15, Amended                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: W. Alan Parkinson, Bureau Chief, 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: October 16, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 18, 2017