The proposed rule amendment is intended to update guidelines for enforcement of convenience store program violations.

 

DEPARTMENT OF LEGAL AFFAIRS
Division of Victim Services and Criminal Justice Programs

RULE NO.: RULE TITLE:
2A-5.011: Enforcement

PURPOSE AND EFFECT: The proposed rule amendment is intended to update guidelines for enforcement of convenience store program violations.

SUMMARY: The proposed rule amendment will increase the extension of time which may be granted for correcting violations from 30 to 90 days.

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: During discussion of the economic impact of this rule the Department, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary and that these rule amendments will not require ratification by the Legislature. This proposed rulemaking will not have an adverse impact or effect regulatory costs in excess of $1million within five years as established in Sections120.541(2)(a)1., 2., and 3., F.S.

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: 812.176 FS.

LAW IMPLEMENTED: 120.57, 812.173 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rick Nuss, Chief, Bureau of Criminal Justice Programs, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 32399-1050

THE FULL TEXT OF THE PROPOSED RULE IS:

2A-5.011 Enforcement.

(1) Before the Department may take action to enforce a provision of the “Convenience Business Security Act,” Sections 812.1701-.175, F.S., an inspection of a convenience business or businesses must be performed and properly documented on the form entitled “Convenience Business Security Inspection Form,” CBS-2 (Revised 4/09), effective 8-4-09, which is incorporated by reference in these rules.

(2) The owner or principal operator of a convenience business must respond to a notice of violation and provide proof of compliance by submitting to the Office of the Attorney General a completed form entitled “Voluntary Compliance Agreement,” CBS-3 (Revised 4/09), effective 8-4-09, which is incorporated by reference in these rules.

(3) Upon a showing that the owner or principal operator of a convenience business has a good faith intention to correct a violation and there is no evidence of unnecessary delay, the Office of the Attorney General may grant a 90 30-day extension of time for correcting violations. However, if a violation is not timely corrected, civil fines may be imposed in the following amounts:

(a) $1,000 for violation of any of the security requirements of Section 812.173(1) and (2), F.S.;

(b) $2,000 for violation of the silent alarm requirements in Section 812.173(3), F.S.; or the employee training requirement in Section 812.174, F.S.;

(c) $5,000 for violation of any of the security requirements in Section 812.173(4), F.S.;

(d) $5,000 for any violation of the requirements indicated in paragraphs (a)-(c) above if the violation is found during the investigation of any of the crimes specified in subsection 812.173(4), F.S.

(4) When a civil fine is imposed, the Office of the Attorney General shall issue a certified, return receipt requested letter to the owner or principal operator demanding payment to the State of Florida within 21 days of receipt.

(5) The allegations contained in a notice of civil fine will become binding and final, and the right to an administrative hearing will be deemed waived, unless a request for administrative hearing under Sections 120.569 and 120.57, F.S., is filed with the Office of the Attorney General within 21 days after receipt of the notice of civil fine.

Rulemaking Authority 812.176 FS. Law Implemented 120.57, 812.175 FS. History–New 4-20-93, Amended 6-25-96, 4-28-98, 8-4-09,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Rick Nuss, Chief, Bureau of Criminal Justice Programs

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Attorney General Pam Bondi

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 27, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 20, 2012