The purpose of this rulemaking is to repeal 5J-10.001, 5J-10.003 and 5J-10.006, F.A.C.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-10.001Definitions

5J-10.003Filings, Advertisement Identification Number

5J-10.006Registration

PURPOSE AND EFFECT: The purpose of this rulemaking is to repeal Rules 5J-10.001, 5J-10.003 and 5J-10.006, F.A.C.

SUMMARY: The proposed rule will repeal the Florida business opportunity rule definitions, determining filing criteria and the business seller/lessor requirement to annually file a disclosure statement with the Department of Agriculture and Consumer Services under the Sale of Business Opportunities Act. The filing requirement was repealed by the Florida Legislature in Chapter 2013-251, Laws of Florida.

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 rule repeal removes unnecessary definitions, and the business opportunity filing criteria and disclosure requirement in Florida. The regulatory costs associated with the repeal will benefit business opportunities, as they will no longer be required to file a disclosure statement and remit a yearly filing fee or material change fee. 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: 559.802(4), 559.813(8), 570.07(23) FS.

LAW IMPLEMENTED: 559.801, 559.803, 559.805 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, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, Phone: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-10.001 Definitions.

Rulemaking Authority 570.07(23) FS. Law Implemented 559.801, 559.803, 559.805 FS. History–New 11-15-94, Amended 6-4-95, Repealed________.

 

5J-10.003 Filings, Advertisement Identification Number.

Rulemaking Authority 570.07(23) FS. Law Implemented 559.805 FS. History–New 11-15-94, Amended 6-4-95, Repealed________.

 

5J-10.006 Registration.

Rulemaking Authority 559.802(4), 559.813(8) FS. Law Implemented 559.805 FS. History–New 3-8-12, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amy Topol, Assistant 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: July 31, 2014