reglab/statecodes huggingface dataset:
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.010 - Professional Solicitor Registration

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Every professional solicitor providing fundraising services for an organization
				who will solicit funds in or from this state shall file with the Department
				FDACS-10101, Professional Solicitors Registration Application, Rev. 01/15,
				hereby incorporated by reference. Copies of this form may be obtained from the
				Department of Agriculture and Consumer Services, Attention: Solicitation of
				Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee,
				Florida 32399-6500, or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-05134
.
(2) Each officer, director, trustee, or owner
				of a professional solicitor and an employee of a professional solicitor
				conducting telephonic solicitations during which a donor's or potential donor's
				personal financial information is requested or provided must, before engaging
				in solicitation activities, file with the department FDACS-10120, Professional
				Solicitor Individual License Application 01/15, hereby incorporated by
				reference. Copies of this form may be obtained from the Department of
				Agriculture and Consumer Services, Attention: Solicitation of Contributions,
				2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500,
				or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-05135
.
(a) Applicants for an individual solicitor's
				license will be allowed to engage in solicitation activities under an interim
				operating authority until such time as the department notifies the applicant of
				denial or approval of licensure. In no event shall the interim operating
				authority exceed a period of 90 days.
(b) In the event a license is denied, the
				interim operating authority shall immediately terminate and the applicant for
				an individual solicitor's license shall immediately discontinue operating as a
				solicitor.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.011 - Notice of Commencement of Solicitations

Current through Reg. 50, No. 138; July 16, 2024
No less than 15 days before commencing any solicitation
				  campaign or event, the professional solicitor must file with the department
				  FDACS-10105, Notice of Commencement of Solicitation Rev. 01/15, hereby
				  incorporated by reference. Copies of this form may be obtained from the
				  Department of Agriculture and Consumer Services, Attention: Solicitation of
				  Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee,
				  Florida 32399-6500, or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-05136
.
Rulemaking Authority 496.424 FS. Law Implemented 496.410(6)
					 FS.
New 3-25-12, Amended 1-19-14,
					 4-16-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.012 - Financial Report of Campaign

Current through Reg. 50, No. 138; July 16, 2024
Within 45 days after a solicitation campaign has been
				  completed and within 45 days after the anniversary of the commencement of a
				  solicitation campaign lasting more than 1 year, the professional solicitor must
				  provide to the charitable organization or sponsor and file with the department
				  FDACS-10106, Professional Solicitors Financial Report of Campaign Rev. 11/14,
				  hereby incorporated by reference. Copies of this form may be obtained from the
				  Department of Agriculture and Consumer Services, Attention: Solicitation of
				  Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee,
				  Florida 32399-6500, or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-05137
.
Rulemaking Authority 496.424 FS. Law Implemented 496.410(8)
					 FS.
New 3-25-12, Amended 1-19-14,
					 4-16-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.013 - Disaster Relief

Current through Reg. 50, No. 138; July 16, 2024
Unless exempted pursuant to Section
				  496.4072, F.S., every charitable
				  organization or sponsor that solicits contributions in this state for a
				  charitable purpose related to a specific disaster or crisis and receives at
				  least $50, 000 in contributions in response to such solicitation shall file
				  quarterly disaster relief financial statements with the department. On the last
				  day of the 3rd month following the accrual of at least $50, 000 in
				  contributions the charitable organization or sponsor shall file FDACS-10121,
				  Solicitation of Contributions Disaster Relief Quarterly Report, 11/14, hereby
				  incorporated by reference. Copies of this form may be obtained from the
				  Department of Agriculture and Consumer Services, Attention: Solicitation of
				  Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee,
				  Florida 32399-6500, or accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-05138
.
Rulemaking Authority 496.424 FS. Law Implemented 496.4072
					 FS.
New 4-16-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-8 - DANCE STUDIOS › Section 5J-8.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.143(12) FS. Law Implemented
					 501.143 FS.
New 3-22-93,Repealed
					 5-24-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-8 - DANCE STUDIOS › Section 5J-8.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.143(12) FS. Law Implemented
					 501.143 FS.
New 3-22-93, Amended 5-24-95, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-8 - DANCE STUDIOS › Section 5J-8.003 - Registration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.143(12) FS. Law Implemented
					 501.143(3), (4), (5) FS.
New 3-22-93, Amended 6-23-94, 5-24-95, 2-11-98, 9-14-03,
					 3-8-12, Repealed 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-8 - DANCE STUDIOS › Section 5J-8.004 - Contract Requirement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.143(12) FS. Law Implemented
					 501.143(4) FS.
New 3-22-93,Repealed
					 5-24-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-8 - DANCE STUDIOS › Section 5J-8.005 - Security Requirement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.143(12) FS. Law Implemented
					 501.143(5) FS.
New 3-22-93, Amended 6-23-94,Repealed
					 5-24-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-8 - DANCE STUDIOS › Section 5J-8.006 - Consumer Claims (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.143(12) FS. Law Implemented
					 501.143 FS.
New 3-22-93, Amended 6-23-94,Repealed
					 5-24-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-9 - SELLERS OF TRAVEL › Section 5J-9.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 559.927(7)(c) FS. Law Implemented
					 559.927 FS.
New 10-6-93,Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-9 - SELLERS OF TRAVEL › Section 5J-9.0015 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) The definitions contained in section
				559.927, F.S., and the following
				shall apply:
(2) Same ownership and
				control - means one of the following:
(a) If a
				corporation, at least 51% of the stock or shares of the business has been held
				by the same person or persons for three consecutive years, or
(b) If a partnership, at least 51% of the
				business interest has been held by the same person or persons for three
				consecutive years.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-9 - SELLERS OF TRAVEL › Section 5J-9.0021 - Student Tour Operator

Current through Reg. 50, No. 138; July 16, 2024
A seller of travel seeking to be an approved student tour
				  operator pursuant to section
				  559.9281, F.S., must register or
				  be registered as a seller of travel pursuant to subsection
				  5J-9.002(1),
				  F.A.C., and must submit FDACS-10214, Sellers of Travel Student Tour Operator,
				  02/17, hereby incorporated by reference. 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-08466
.
(1) In addition to being registered as a
				seller of travel, an applicant student tour operator must annually provide
				proof of the following:
(a) Insurance coverage
				issued by a company authorized to transact business in this state, in the
				following amounts:
1. General liability of at
				least $1, 000, 000,
2. Professional
				liability of at least $1, 000, 000; and,
3. Workers compensation coverage of at least
				$500, 000 or proof of exemption for fewer than four (4)
				employees.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-9 - SELLERS OF TRAVEL › Section 5J-9.003 - Exemption (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 559.927(9)(c) FS. Law Implemented
					 559.927(12) FS.
New 10-6-93, Amended 2-8-94, 1-3-95,Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-9 - SELLERS OF TRAVEL › Section 5J-9.004 - Submission of Documents by Sellers of Travel (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 559.927(7)(c) FS. Law Implemented
					 559.927(4) FS.
New 10-6-93, Amended 2-8-94,Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-9 - SELLERS OF TRAVEL › Section 5J-9.0041 - Vacation Certificates - Right to Cancel

Current through Reg. 50, No. 138; July 16, 2024
If the purchaser of a vacation certificate exercises the
				  right of cancellation, the cancellation shall apply to all sellers of travel
				  involved in the sale or fulfillment of the vacation certificate provided for in
				  the certificate. The seller of travel receiving the cancellation notice shall
				  notify any other seller of travel affected by the
				  cancellation.
Rulemaking Authority 559.9355(3) FS. Law Implemented
					 559.933 FS.
New 1-3-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-9 - SELLERS OF TRAVEL › Section 5J-9.005 - Consumer Claims (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 559.927(7)(c) FS. Law Implemented
					 559.927(8) FS.
New 10-6-93,Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-9 - SELLERS OF TRAVEL › Section 5J-9.006 - Security Requirement

Current through Reg. 50, No. 138; July 16, 2024
(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. 04/19,
				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 Request for
				security reduction included in FDACS-10200 Sellers of Travel Registration
				Application, Rev. 04/19, 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) A business that has been in operation
				under the same ownership and control for at least one year with under $500, 000
				in gross annual sales, may request to reduce its security to $10,
				000.
(b) A business that has been
				in operation under the same ownership and control for at least one year with
				gross annual sales between $500, 000 and $1, 000, 000, may request to reduce
				its security to $15, 000.
(c) A
				business that has been in operation under the same ownership and control for at
				least one year with gross annual sales between $1, 000, 000 and $2, 000, 000,
				may request to reduce its security to $20, 000.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-9 - SELLERS OF TRAVEL › Section 5J-9.007 - Security Waiver (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 559.927(9)(c) FS. Law Implemented
					 559.927(10)(b)5. FS.
New 2-8-94, Amended 1-3-95, 6-4-95,Repealed
					 11-6-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-9 - SELLERS OF TRAVEL › Section 5J-9.008 - Enforcement Actions and Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth the guidelines the
				department will follow in imposing the penalties authorized under sections
				559.926 -
				559.939, F.S. The purpose of the
				guidelines is to give notice of the range of penalties which will be imposed
				for a single violation. These guidelines list aggravating and mitigating
				factors that, if present, will reduce or increase the penalties to be imposed
				against the violator by the department. The guidelines in this rule chapter are
				based upon a single count violation of each provision listed. Multiple counts
				of the violated provision or a combination of the listed violations will be
				added together to determine a total penalty and will be grounds for enhancement
				of penalties.
(2) The department
				will enforce compliance with sections
				559.926 -
				559.939, F.S., and this rule
				chapter by issuing an administrative complaint, notice of noncompliance, or
				through civil litigation for violations of sections
				559.926 -
				559.939, F.S., and this rule
				chapter.
(3) Nothing in this
				chapter shall limit the ability of the department to informally dispose of
				administrative actions by settlement agreement, consent order, or other lawful
				means.
(4) Rule Not All-Inclusive.
				This rule contains illustrative violations. It does not, and is not intended to
				encompass all possible violations of statute or department rule that might be
				committed by any person. The absence of any violation from this rule shall in
				no way be construed to indicate that the violation does not cause harm to the
				public or is not subject to a penalty. In any instance where the violation is
				not listed in this rule, the penalty will be determined by consideration of:
(a) The closest analogous violation, if any,
				that is listed in this rule; and,
(b) The mitigating or aggravating factors
				listed in this rule.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-10 - SALE OR LEASE OF BUSINESS OPPORTUNITIES › Section 5J-10.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23) FS. Law Implemented
					 559.801, 559.803, 559.805 FS.
New 11-15-94, Amended 6-4-95, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-10 - SALE OR LEASE OF BUSINESS OPPORTUNITIES › Section 5J-10.002 - Franchises

Current through Reg. 50, No. 138; July 16, 2024
Every franchisor claiming an exemption pursuant to section
				  559.802, F.S., shall file DACS
				  Form 10500, Franchise Exemption Application, Rev. 07/11, hereby incorporated by
				  reference. Copies of this form may be obtained from the Department of
				  Agriculture and Consumer Services, Division of Consumer Services, 2005
				  Apalachee Parkway, Terry L. Rhodes Bldg., Attention: Business Opportunities,
				  Tallahassee, Florida 32399-6500, or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-00983
.
				  The franchisor shall submit a nonrefundable filing fee of $100 with DACS Form
				  10500. The exemption may be renewed each year by filing DACS Form 10500 and
				  paying a renewal fee of $100.
Rulemaking Authority 559.802(4), 559.813(8), 570.07(23) FS.
					 Law Implemented 559.802
					 FS.
New 11-15-94, Amended 6-4-95, 10-21-03,
					 3-8-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-10 - SALE OR LEASE OF BUSINESS OPPORTUNITIES › Section 5J-10.003 - Filings, Advertisement Identification Number (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23) FS. Law Implemented 559.805
					 FS.
New 11-15-94, Amended 6-4-95, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-10 - SALE OR LEASE OF BUSINESS OPPORTUNITIES › Section 5J-10.004 - Initial Funds Required (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23) FS. Law Implemented 559.801
					 FS.
New 11-15-94,Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-10 - SALE OR LEASE OF BUSINESS OPPORTUNITIES › Section 5J-10.005 - Security Requirement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23) FS. Law Implemented 559.807
					 FS.
New 11-15-94,Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-10 - SALE OR LEASE OF BUSINESS OPPORTUNITIES › Section 5J-10.006 - Registration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 559.802(4), 559.813(8) FS. Law
					 Implemented 559.805 FS.
New 3-8-12, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-11 - LEMON LAW RULES › Section 5J-11.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 681.108 FS. Law Implemented 681.108
					 FS.
New 12-5-93,Repealed
					 6-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-11 - LEMON LAW RULES › Section 5J-11.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 681.108 FS. Law Implemented 681.108
					 FS.
New 12-5-93, Amended 6-5-95, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-11 - LEMON LAW RULES › Section 5J-11.003 - Certification of Dispute-settlement Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 681.108 FS. Law Implemented 681.108
					 FS.
New 12-5-93, Amended 6-5-95, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-11 - LEMON LAW RULES › Section 5J-11.004 - Notification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 681.108 FS. Law Implemented 681.108
					 FS.
New 12-5-93, Amended 6-5-95, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-11 - LEMON LAW RULES › Section 5J-11.005 - Filing of Claim with Certified Dispute-settlement Procedure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 681.108 FS. Law Implemented 681.108
					 FS.
New 12-5-93, Amended 6-5-95, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-11 - LEMON LAW RULES › Section 5J-11.006 - Decisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 681.108 FS. Law Implemented 681.108
					 FS.
New 12-5-93, Amended 6-5-95, 2-25-01, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-11 - LEMON LAW RULES › Section 5J-11.007 - Submission of Information to the Division (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 681.108 FS. Law Implemented 681.108
					 FS.
New 12-5-93, Amended 6-5-95, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-11 - LEMON LAW RULES › Section 5J-11.008 - Motor Vehicle Inspections (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 681.108 FS. Law Implemented 681.108
					 FS.
New 12-5-93, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-11 - LEMON LAW RULES › Section 5J-11.009 - Records (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 681.108 FS. Law Implemented 681.108
					 FS.
New 12-5-93, Amended 6-5-95, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-11 - LEMON LAW RULES › Section 5J-11.010 - Annual Report (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 681.108 FS. Law Implemented 681.108
					 FS.
New 12-5-93, Amended 6-5-95, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-11 - LEMON LAW RULES › Section 5J-11.011 - Hearings or Meetings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 681.108 FS. Law Implemented 681.108
					 FS.
New 12-5-93, Repealed
					 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-11 - LEMON LAW RULES › Section 5J-11.012 - Employees and Decisionmakers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 681.108 FS. Law Implemented 681.108
					 FS.
New 12-5-93,Repealed
					 6-5-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-12 - MOTOR VEHICLE REPAIR ACT › Section 5J-12.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of these rules, the definitions contained in
				  section 559.903, F.S., and the following
				  apply:
(1) "Established place of
				business" means that physical location noted on the business tax receipt issued
				to the motor vehicle repair shop pursuant to chapter 205, F.S. If the county or
				municipality has adopted no local business tax receipt requirement pursuant to
				chapter 205, F.S., the term means that physical location where motor vehicle
				repairs are performed, or records, equipment, or tools used for the conduct of
				the business of motor vehicle repair are housed or stored.
(2) "Motor vehicle repair shop" includes
				persons performing electronic diagnostic work on motor vehicles; it does not
				include independent contractors to which a portion of the motor vehicle repair
				work is subcontracted if:
(a) The independent
				contractor is located at a separate facility and is not otherwise engaged in
				motor vehicle repair; and,
(b) The
				motor vehicle repair shop subcontracting the work remains responsible to the
				customer for the work performed.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-12 - MOTOR VEHICLE REPAIR ACT › Section 5J-12.003 - Changes in Ownership, Location, Name

Current through Reg. 50, No. 138; July 16, 2024
(1) If
				the ownership of a particular location where motor vehicle repair is performed
				is changed:
(a) The new owner shall be
				considered a new motor vehicle repair shop, and shall be required to register
				pursuant to section 559.904, F.S.
(b) The current owner shall notify the
				Department of such changes within 15 business days by submitting to the
				Department the following:
1. Written
				correspondence from the registrant giving notice of the change in ownership;
				and,
2. The original current
				registration certificate which was issued to the
				registrant.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-12 - MOTOR VEHICLE REPAIR ACT › Section 5J-12.004 - Advertising

Current through Reg. 50, No. 138; July 16, 2024
(1) The requirement that the repair shop
				include the registration number in advertising, announcements, or listings
				shall not apply to the mere listing of the business name and telephone number
				in a telephone directory which is customarily done at no charge to the
				business.
(2) If registrants with
				more than one place of business utilize a single display advertisement, and a
				consecutive series of registration numbers has been issued to the registrants,
				the registrants may use a statement disclosing the range of registration
				numbers issued to the registrants named in the advertisement to satisfy the
				requirements of section
				559.916(2),
				F.S.
Rulemaking Authority 559.92201, 570.07(23) FS. Law
					 Implemented 559.916(2) FS.
New 1-18-95, Amended
					 4-16-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-12 - MOTOR VEHICLE REPAIR ACT › Section 5J-12.005 - Educational Assistance Program (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23) FS. Law Implemented 559.922
					 FS.
New 11-22-05, Repealed by Section 36, Chapter 2012-67, Laws
					 of Florida, 7-1-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-12 - MOTOR VEHICLE REPAIR ACT › Section 5J-12.006 - Denials

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule part is to implement sections
				  559.904(10)(b), (c) and
				  (d), F.S. It is a ground for denial of
				  registration if the department finds that the applicant, or any of its
				  directors, officer, owners, or general partners:
(1) Has not satisfied a civil fine,
				administrative fine, or other penalty arising out of any administrative or
				enforcement action brought by any governmental agency based upon conduct
				involving fraud or dishonest dealing, or any violation of the Florida Motor
				Vehicle Repair Act;
(2) Has had
				against them any civil, criminal, or administrative adjudication in any
				jurisdiction within the last five (5) years based upon conduct involving fraud,
				dishonest dealing, or any violation of the Florida Motor Vehicle Repair
				Act;
(3) Has had a judgment entered
				against them within the last five (5) years in any action brought by the
				department or the state attorney pursuant to the Florida Deceptive and Unfair
				Trade Practices Act or the Florida Motor Vehicle Repair
				Act.
Rulemaking Authority 559.92201, 570.07(23) FS. Law
					 Implemented 559.904(10) FS.
New 4-16-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-12 - MOTOR VEHICLE REPAIR ACT › Section 5J-12.007 - Enforcement Actions and Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth the guidelines the
				department will follow in imposing the penalties authorized under Sections
				559.901 -
				559.9221, F.S. The purpose of
				the guidelines is to give notice of the range of penalties which will be
				imposed for a single violation. These guidelines list aggravating and
				mitigating factors that, if present, will reduce or increase the penalties to
				be imposed against the violator by the department. The guidelines in this rule
				chapter are based upon a single count violation of each provision listed.
				Multiple counts of the violated provision or a combination of the listed
				violations will be added together to determine a total penalty and will be
				grounds for enhancement of penalties.
(2) The department will enforce compliance
				with Sections 559.901 -
				559.9221, F.S., and this rule
				chapter by issuing an administrative complaint, notice of noncompliance, or
				through civil litigation for violations of Sections
				559.901 -
				559.9221, F.S., and this rule
				chapter.
(3) Nothing in this
				chapter shall limit the ability of the department to informally dispose of
				administrative actions by settlement agreement, consent order, or other lawful
				means.
(4) Rule Not All-Inclusive.
				This rule contains illustrative violations. It does not, and is not intended to
				encompass all possible violations of statute or department rule that might be
				committed by any person. The absence of any violation from this rule shall in
				no way be construed to indicate that the violation does not cause harm to the
				public or is not subject to a penalty. In any instance where the violation is
				not listed in this rule, the penalty will be determined by consideration of:
(a) The closest analogous violation, if any,
				that is listed in this rule; and,
(b) The mitigating or aggravating factors
				listed in this rule.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-13 - FLORIDA PAWNBROKING ACT › Section 5J-13.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23) FS. Law Implemented
					 539.001(4), (5) FS.
New 12-10-96, Repealed
					 7-11-22.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-13 - FLORIDA PAWNBROKING ACT › Section 5J-13.002 - Licensing Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicants for
				licensure shall use FDACS-10111, Pawnbroking Registration Application, Rev.
				04/19, hereby incorporated by reference. Copies of this form may be obtained
				from the Department of Agriculture and Consumer Services, Division of Consumer
				Services, 2005 Apalachee Parkway, Attention: Pawnshops, Tallahassee, Florida
				32399-6500, or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10657
.
(2) Pursuant to section
				539.001(3)(c),
				F.S., the following persons are eligible for a waiver of the initial
				registration fee: an 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 of the United States Armed
				Forces if the member dies while serving on active duty, or a business entity
				that has a majority ownership held by such a veteran or spouse or surviving
				spouse. Pursuant to section
				539.001(3)(g),
				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 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 of the United States Armed Forces if the member
				was serving on active duty at the time of death and died within the 2 years
				preceding the renewal. Persons seeking a fee waiver shall submit FDACS-10991,
				Military Fee Waiver Request, Rev. 10/18, incorporated by reference in rule
				5J-26.001, F.A.C., and provide
				all required documentation at the time the applicant submits the Pawnbroking
				Registration Application as referenced in subsection (1)
				above.
Rulemaking Authority 539.001(21), 570.07(23) FS. Law
					 Implemented 539.001(3)(c), (g), (5)(a), (b), (c), (8)(a), (b), (c)
					 FS.
New 12-10-96, Amended 3-8-12, 4-5-15, 3-30-17,
					 7-11-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-13 - FLORIDA PAWNBROKING ACT › Section 5J-13.003 - Security Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person
				claiming to have a net worth of $50, 000 pursuant to section
				539.001(4)
				(a)2., F.S., shall file with the department, at the time of applying for a
				license, one of the following:
(a) A copy of
				their current financial statement prepared by a Florida certified public
				accountant; or
(b) The Pawnbroking
				Net Worth Affidavit included in FDACS-10111, Pawnbroking Registration
				Application, Rev. 04/19, incorporated by reference in rule
				5J-13.002, F.A.C., or an
				affidavit provided by the applicant, stating the applicant's net worth is at
				least $50, 000. Each affidavit must be accompanied by relevant supporting
				documentation to substantiate the figures therein, including: recent bank
				statements, the applicant's most recent federal tax return, property tax
				documents, or any other documentation relied upon by reasonable persons in
				valuing the types of assets and liabilities set forth in the affidavit;
				or
(c) If the applicant is a
				corporation, a copy of their most recently filed federal tax
				return.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-13 - FLORIDA PAWNBROKING ACT › Section 5J-13.004 - Enforcement Actions and Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth the guidelines the
				department will follow in imposing the penalties authorized under Chapter 539,
				F.S. The purpose of the guidelines is to give notice of the range of penalties
				which will be imposed for a single violation. These guidelines list aggravating
				and mitigating factors that, if present, will reduce or increase the penalties
				to be imposed against the violator by the department. The guidelines in this
				rule chapter are based upon a single count violation of each provision listed.
				Multiple counts of the violated provision or a combination of the listed
				violations will be added together to determine a total penalty and will be
				grounds for enhancement of penalties.
(2) The department will enforce compliance
				with Chapter 539, F.S., and this rule chapter by issuing an administrative
				complaint, notice of noncompliance, or through civil litigation for violations
				of Chapter 539, F.S., and this rule chapter.
(3) Nothing in this chapter shall limit the
				ability of the department to informally dispose of administrative actions by
				settlement agreement, consent order, or other lawful means.
(4) Rule Not All-Inclusive. This rule
				contains illustrative violations. It does not, and is not intended to encompass
				all possible violations of statute or department rule that might be committed
				by any person. The absence of any violation from this rule shall in no way be
				construed to indicate that the violation does not cause harm to the public or
				is not subject to a penalty. In any instance where the violation is not listed
				in this rule, the penalty will be determined by consideration of:
(a) The closest analogous violation, if any,
				that is listed in this rule; and
(b) The mitigating or aggravating factors
				listed in this rule.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-14 - GAME PROMOTION › Section 5J-14.001 - Material Terms in Advertisements

Current through Reg. 50, No. 138; July 16, 2024
For purposes of Section
				  849.094(3),
				  F.S., any advertising copy shall include the following material terms in the
				  game promotion's rules and regulations:
(1) Name of the operator and game
				promotion;
(2) That no purchase is
				necessary to enter or play the game promotion;
(3) Start and end dates for entering the game
				promotion, consistent with the official full rules and regulations, including
				exact times if applicable;
(4) Who
				is eligible or not eligible to participate in the game promotion, with respect
				to age or geographic location;
(5)
				Disclosure of where the game promotion is void.
Rulemaking Authority 570.07(23), 849.094(8) FS. Law
					 Implemented 849.094(3) FS.
New 11-22-05.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-14 - GAME PROMOTION › Section 5J-14.002 - Electronic Documents

Current through Reg. 50, No. 138; July 16, 2024
For purposes of Section
				  849.094(4),
				  F.S., an operator of a game promotion may submit a surety bond electronically,
				  pursuant to Chapter 668, F.S.
(1) A
				surety bond with an electronic signature shall not be accepted by the
				Department unless the surety bond expressly states that the surety is subject
				to valid claims submitted by or through the Department in accordance with
				Section 849.094, F.S.
(2) When necessary for the filing or
				enforcing of claims by the Department against surety bonds submitted
				electronically in accordance with Chapter 668 and Section
				849.094, F.S., the Department
				shall use a printed copy of the electronically filed bond.
(3) By filing electronically, the operator of
				a game promotion agrees to conduct all transactions with the Department
				pursuant to Chapter 668, F.S.
(4)
				For purposes of Section
				849.094(4),
				F.S., an operator of a game promotion may submit a Durable Power of Attorney
				with an electronic signature;
(5) A
				Durable Power of Attorney with an electronic signature may be applied to
				subsequent game promotions as long as the Durable Power of Attorney expressly
				states that it encompasses the subsequently filed promotions. The Durable Power
				of Attorney shall remain in effect until the Department receives cancellation
				in writing or through electronic means.
Specific Authority 849.094(8) FS. Law Implemented
					 849.094(4) FS.
New 2-21-07.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-14 - GAME PROMOTION › Section 5J-14.003 - Filing Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person who
				intends to conduct a game promotion in this state pursuant to Section
				849.094, F.S., including
				electronic promotions, shall file with the department FDACS-10951, Game
				Promotion Filing Packet Rev. 09/13, hereby incorporated by reference. Copies of
				this form may be obtained from the Department of Agriculture and Consumer
				Services, Attention: Game Promotions, 2005 Apalachee Parkway, Terry L. Rhodes
				Bldg., Tallahassee, Florida 32399-6500, or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-03500
.
(2) If filing a Statement of Trust Account
				pursuant to Section 849.094(4)(a),
				F.S., the applicant shall use the Statement of Trust Account terms included in
				FDACS-10951, Game Promotion Filing Packet, Rev. 09/13.
Rulemaking Authority 849.094(8)(a) FS. Law Implemented
					 849.094(3), (4)(a), (b) FS.
New 3-25-12, Amended
					 1-19-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-15 - HOUSEHOLD MOVING SERVICES › Section 5J-15.001 - Registration

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person who intends to operate as a
				household mover in this state shall first file with the Department FDACS-10960,
				Household Moving Services Registration Application, Rev. 04/19, hereby
				incorporated by reference, along with a registration fee pursuant to Section
				507.03(3), F.S.
				Copies of this form may be obtained from the Department of Agriculture and
				Consumer Services, Attention: Household Movers, 2005 Apalachee Parkway,
				Tallahassee, Florida 32399-6500, or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10659
.
(2) Pursuant to section
				507.03(3)(b),
				F.S., the following persons are eligible for a waiver of the initial
				registration fee: an 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. Pursuant to section
				507.03(3)(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
				expiration 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 FDACS-10991,
				Military Fee Waiver Request, Rev. 10/18, incorporated by reference in rule
				5J-26.001, F.A.C., and provide
				all required documentation at the time the applicant submits the Household
				Moving Services Registration Application referenced in subsection (1)
				above.
Rulemaking Authority 507.09(3), 570.07(23) FS. Law
					 Implemented 507.03, 507.04, 507.05 FS.
New 3-8-12, Amended 10-27-13, 3-8-17,
					 7-11-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-15 - HOUSEHOLD MOVING SERVICES › Section 5J-15.002 - Enforcement Actions and Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth the guidelines the
				department will follow in imposing the penalties authorized under Chapter 507,
				F.S. The purpose of the guidelines is to give notice of the range of penalties
				that will be imposed for a single violation. These guidelines list aggravating
				and mitigating factors that, if present, will reduce or increase the penalties
				to be imposed against the violator by the department. No aggravating factors
				will be applied to increase a fine imposed for a single violation above the
				statutory maximum of $5, 000 pursuant to the Class II category as provided in
				Sections 507.09(1)(b)
				and 570.971, F.S. The guidelines in
				this rule chapter are based upon a single count violation of each provision
				listed. Multiple counts of the violated provision or a combination of the
				listed violations will be added together to determine a total penalty and will
				be grounds for enhancement of penalties.
(2) The department will enforce compliance
				with Chapter 507, F.S., and this rule chapter by issuing an administrative
				complaint, notice of noncompliance, or through civil litigation for violations
				of Chapter 507, F.S., and this rule chapter.
(3) Nothing in this chapter shall limit the
				ability of the department to informally dispose of administrative actions by
				settlement agreement, consent order, or other lawful means.
(4) Rule Not All-Inclusive. This rule
				contains illustrative violations. It does not, and is not intended to encompass
				all possible violations of statute or department rule that might be committed
				by any person. The absence of any violation from this rule shall in no way be
				construed to indicate that the violation does not cause harm to the public or
				is not subject to a penalty. In any instance where the violation is not listed
				in this rule, the penalty will be determined by consideration of:
(a) The closest analogous violation, if any,
				that is listed in this rule; and,
(b) The mitigating or aggravating factors
				listed in this rule.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-17 - PROFESSIONAL SURVEYORS AND MAPPERS › Section 5J-17.001 - Probable Cause Panel

Current through Reg. 50, No. 138; July 16, 2024
(1) The probable
				cause panel is the committee designated by law to determine whether the
				Department of Agriculture and Consumer Services has sufficient evidence to
				proceed in the prosecution of a violation of Chapter 472, F.S., as applicable
				provision of Chapter 177, F.S., or any rules of the Board or the Department
				promulgated pursuant to those chapters of Florida Law. The panel makes its
				decision in a confidential meeting based on evidence provided by the Department
				as a result of the Department's investigation of a complaint which the
				Department has already determined to be legally sufficient.
(2) The chair shall appoint two members to
				serve on the probable cause panel, one of which must be either a present or
				former surveyor and mapper member of the Board. The other member shall be a
				present or former consumer member of the Board if one is available and willing
				to serve. However, the probable cause panel must, at all times, contain a
				present board member. Nothing herein shall be construed to limit to one the
				number of surveyor and mapper past Board members that the chair may appoint to
				the probable cause panel if there are more than two members appointed to that
				panel by the chair.
(3) A majority
				vote of the probable cause panel shall determine whether probable cause exists
				to believe that a violation has occurred of Chapters 472, 177, F.S. or Chapter
				5J-17, F.A.C. In the event the two members of the probable cause panel fail to
				agree on any particular case, the chair of the Board shall assign a third
				person to the probable cause panel solely for the purpose of casting the
				decisive vote in that case. The third person shall be a member of the
				Board.
Rulemaking Authority 472.008, 472.033(4) FS. Law
					 Implemented 472.033(4) FS.
New 2-7-91, Amended 3-23-93, Formerly 21HH-1.0051, Amended
					 5-31-95, 7-27-00, Formerly
					 61G17-1.0051, Amended
					 5-11-15.