The proposed rulemaking amends a form incorporated by reference, updates form references, and provides a procedure for certain individuals to obtain a military waiver of their initial or renewal registration fee.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-9.002Registration, Document Submission

5J-9.006Security Requirement

PURPOSE AND EFFECT: The proposed rulemaking amends a form incorporated by reference, updates form references, and provides a procedure for certain individuals to obtain a military waiver of their initial or renewal registration fee.

SUMMARY: The proposed rules update FDACS-10200, Sellers of Travel Registration Application, update form references, and provide guidance to applicants seeking a military waiver of an initial or renewal registration fee. These amendments will streamline the registration application and ensure statutory compliance with ch. 2018-7, Laws of Florida and the Florida Sellers of Travel Act.

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 update a department form, form references and provide guidance on how to obtain a military fee waiver. 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: 559.929(2), (3), 559.9355(3), 570.07(23) FS.

LAW IMPLEMENTED: 559.928, 559.929, 559.9295(16), 559.935(3) 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: Liz Compton, 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-9.002 Registration, Document Submission.

(1) Any person who intends to operate as a seller of travel shall submit FDACS-10200, Sellers of Travel Registration Application, Rev. 02/19 04/17, hereby incorporated by reference, along with the applicable non-refundable registration fee specified by Section 559.928(2), F.S., to the department at the time of registration. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Sellers of Travel, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-     08464. Businesses may also apply or renew their license online at www.FreshFromFlorida.com.

(2) Pursuant to section 559.928(2)(c), F.S., the following persons are eligible for a waiver of the initial registration fee: aAn honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. requesting a waiver of the initial registration fee Ppursuant to section 559.928(2)(d)(c), F.S., the following persons are eligible for a waiver of the renewal registration fee: an active duty member of the United States Armed Forces or the spouse of such member, a member who served on active duty within the 2 years preceding the renewal date, an honorably discharged veteran of the United States Armed Forces who served on active duty within the 2 years preceding the renewal date, or the surviving spouse of a member if the member was serving on active duty at the time of death and died within the 2 years preceding the date of renewal. Persons seeking a fee waiver shall submit complete FDACS-10991, Military Veteran Fee Waiver Request, Rev. 10/18 10/16, incorporated by reference in rule 5J-26.001, F.A.C., An applicant requesting a fee waiver shall submit a completed Military Veteran Fee Waiver Request and provide all required supporting documentation at the time the applicant submits the Sellers of Travel Registration Application referenced in subsection (1) above.

(3) through (4) No change.

Rulemaking Authority 559.9355(3), 570.07(23) FS. Law Implemented 559.928, 559.9295(16), 559.935(3) FS. History–New 10-6-93, Amended 1-3-95, 6-4-95, 12-27-95, 2-11-98, 10-21-03, 3-29-12, 4-5-15, 7-26-17,             .

 

5J-9.006 Security Requirement.

(1) Prior to engaging in any activities as a seller of travel, each seller of travel shall file with the department an original performance bond in an amount determined by subsection (2), below. The applicant shall utilize the Surety Bond form, included in FDACS-10200 Sellers of Travel Registration Application, Rev. 02/19 04/17, incorporated by reference in Rule 5J-9.002, F.A.C.

(2) The amount of the security for sellers of travel that do not offer vacation certificates shall be $25,000; however, the seller of travel may apply for a reduction by completing the Security Reduction Application included in FDACS-10200 Sellers of Travel Registration Application, Rev. 02/19 04/17, incorporated by reference in Rule 5J-9.002, F.A.C., and providing copies of its federal income tax return or an audited financial statement for the immediately preceding fiscal year. To qualify for reduction of the security, the seller of travel must have a satisfactory consumer complaint history. The amount of the security reduction shall be determined by the seller of travel’s dollar amount of gross annual sales, as follows:

(a) through (c) No change.

(3) The amount of the security for a newly established business or a business under new ownership shall be $25,000; however, the seller of travel may apply to reduce its security to $10,000 by submitting the Security Reduction Application included in FDACS-10200 Sellers of Travel Registration Application, Rev. 02/19 04/17, incorporated by reference in Rule 5J-9.002, F.A.C. To be eligible for a reduction in security, a newly established seller of travel must meet the following criteria:

(a) through (c) No change.

(4) No change.

(5) If filing a bond pursuant to Section 559.929, F.S., the applicant shall use the form included in FDACS-10200, Sellers of Travel Registration Application, Rev. 02/19 04/17, incorporated by reference in Rule 5J-9.002, F.A.C.

(6) No change.

Rulemaking Authority 559.929(2), (3), 559.9355(3), 570.07(23) FS. Law Implemented 559.929 FS. History–New 2-8-94, Amended 6-4-95, 11-6-95, 12-27-95, 2-11-98, 10-21-03, 4-5-15, 7-26-17,               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Liz Compton, Bureau Chief, Division of Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 25, 2018