The proposed rulemaking eliminates the monthly reporting requirement for grain dealers, removes unnecessary language, and amends and eliminates certain incorporated department forms to ensure efficiency and statutory compliance.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.: RULE TITLE:

5J-25.005   Security Requirements for Grain Dealers

5J-25.009:   Documents Incorporated by Reference

PURPOSE AND EFFECT: The proposed rulemaking eliminates the monthly reporting requirement for grain dealers, removes unnecessary language, and amends and eliminates certain incorporated department forms to ensure efficiency and statutory compliance.

SUMMARY: The proposed rules repeal Rule 5J-25.005, F.A.C., remove the grain dealer monthly report requirement and unnecessary language that restates s. 604.33, F.S., and update and eliminate certain incorporated department forms to ensure statutory compliance with Ch. 2016-61, Laws of Florida and the dealers in agricultural products law.

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 eliminate a monthly report filing, remove unnecessary language, and eliminate and amend department forms. 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: 534.48, 535.02, 604.27, 570.07(23) FS.

LAW IMPLEMENTED: 534.48, 535.01, 604.16, 604.18, 604.20, 604.21, 604.23, 604.33 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, Director, 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-25.005 Security Requirements for Grain Dealers.

Rulemaking Authority 604.27 FS. Law Implemented 604.33 FS. History–New 2-2-86, Formerly 5H-1.005, Repealed      _________.

 

5J-25.009 Documents Incorporated By Reference.

The following documents are hereby incorporated by reference. Copies of these documents may be obtained from the Division of Consumer Services Agricultural Dealer’s Licenses at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or online as indicated.

(1) No change.

(2) Statement of Exemption, FDACS-06301 (Rev. 03/17 04/11), http://www.flrules.org/Gateway/reference.asp?No=Ref-      00437.

(3) Application for Agricultural Products Dealer License, FDACS-06302 (Rev. 03/17 04/11), http://www.flrules.org/Gateway/reference.asp?No=Ref-         00438.

(4) Agricultural Products Dealer Bond, FDACS-06303 (Rev. 03/17 03/11), http://www.flrules.org/Gateway/reference.asp?No=Ref-     00439.

(5) Grain Dealers Monthly Report, DACS-06306 (Rev. 10/10), http://www.flrules.org/Gateway/reference.asp?No=Ref-00440.

(5)(6) Answer of Respondent, FDACS-06314 (Rev. 03/17 06/11), http://www.flrules.org/Gateway/reference.asp?No=Ref-       00441.

(7) Request For Accounting, DACS-06325 (Rev. 04/11), http://www.flrules.org/Gateway/reference.asp?No=Ref-00442.

(6)(8) Agricultural Products Dealer Claim PackagePacket, FDACS-06329 (Rev. 03/17 04/11), http://www.flrules.org/Gateway/reference.asp?No=Ref-      00443.

Rulemaking Authority 534.48, 535.02, 570.07(23), 604.27 FS. Law Implemented 534.48, 535.01, 604.16, 604.18, 604.20, 604.21, 604.23, 604.33 FS. History–New 8-15-11, Formerly 5H-1.009, Amended          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amy Topol, 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: March 24, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2016