reglab/statecodes huggingface dataset:
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-7 - RURAL AND FAMILY LANDS PROTECTION PROGRAM › Section 5I-7.012 - Closing

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department shall have the authority
				to modify the purchase instrument previously approved by the Board to extend
				the time for option exercise, closing date, submittal deadlines or any other
				time limit relating to such agreement, provided the total extension of time for
				closing does not exceed 180 calendar days after the date contemplated in the
				purchase instrument approved by the Board. The Department shall also have the
				authority to execute or modify all documents necessary for the implementation
				of Board action, including without limitation the purchase instrument, legal
				descriptions, deeds, assignments, title policies and other miscellaneous
				agreements and affidavits, provided the modification does not change the
				substance or the scope of Board approval, and provided the document executed or
				modified was either approved by the Board or contemplated by Board approval.
				Any increase in the purchase price to be paid to the seller not contemplated by
				the terms of the purchase instrument must be approved by the Board. An
				extension or modification may only be made under the terms of the purchase
				instrument, or with the seller's agreement.
(2) The Department shall obtain all
				disclosures of beneficial interest required in Section
				286.23, F.S., before submitting
				a purchase instrument to the Board for approval. All other disclosures,
				including those required by Sections
				375.031(1) and
				380.08(2),
				F.S., shall be obtained prior to closing. The following information shall also
				be included in the statement obtained from the owner prior to closing:
(a) The total amount of any finder's fee,
				real estate commission or other similar commission, including a statement as to
				whom those fees will ultimately be paid.
(b) The total amount of the attorney's fees
				paid to the owner's attorney, including a statement as to whom these fees will
				ultimately be paid.
(c) The amounts
				of other costs incidental to the sale, indicating to who these sums have been
				or are to be paid.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-7 - RURAL AND FAMILY LANDS PROTECTION PROGRAM › Section 5I-7.013 - Multi-Party Acquisitions

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				may enter into an acquisition agreement with a cooperating entity, which may
				consist of another state agency, a water management district, a local
				government or a nonprofit organization as defined in Section
				570.715(5),
				F.S., for any property that has been authorized for acquisition pursuant to
				Section 570.71, F.S.
(2) The Department and a cooperating entity
				must execute an acquisition agreement prior to the cooperating entity obtaining
				title to, or any other legal interest in, the property to be
				acquired.
(3) An acquisition
				agreement may provide for the sharing of appraisals, offers, and other
				negotiation matters between the Department and the cooperating entity;
				provided, however the agreement shall require the cooperating entity to follow
				Department procedures and this chapter when acquiring appraisals and to deliver
				to the Department all negotiation files after negotiations with the owner have
				terminated. As a condition of the sharing of confidential information, the
				cooperating entity must agree to maintain, on its behalf and on behalf of its
				employees and agents, the confidentiality of appraisals, as required by Section
				570.715(5),
				F.S., and this chapter, and the cooperating entity must obtain the consent of
				the Department prior to disclosing the information to any other
				person.
Rulemaking Authority 570.07(23),
					 570.71 (10), 259.105(3)(i) FS.
					 Law Implemented 570.71,
					 570.715,
					 259.105(3)(i)
					 FS.
New 11-3-08, Amended
					 6-12-23.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-7 - RURAL AND FAMILY LANDS PROTECTION PROGRAM › Section 5I-7.014 - Compliance, Monitoring and Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) All Perpetual Easements acquired pursuant
				to this rule shall include provisions for assuring compliance, monitoring and
				enforcement of the terms and conditions of such Perpetual Easements.
(2) The Department shall procure or require
				any landowner to provide any reports, maps, studies, or documents the
				Department deems necessary to document the existence and location of property
				boundaries, structures, environmental issues, conservation values, and natural
				features on the property in conjunction with and prior to closing for the
				purpose of developing a Baseline Documentation Report.
(3) All Perpetual Easements shall require the
				landowner to enroll in, implement, and adhere to all applicable Florida
				Department of Agriculture and Consumer Services Best Management Practices
				(BMPs), such as those adopted in rule Divisions 5I, 5L, and 5M,
				F.A.C.
(4) The Department shall
				determine the frequency of easement monitoring. All Perpetual Easements shall
				be monitored utilizing Form FDACS-11208, Rural & Family Lands Protection
				Program Easement Monitoring Form, Rev. 04/23, hereby incorporated by reference
				and immediately available on the internet at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-15425
or by sending a request to: the Florida Department of Agriculture and Consumer
				Services, Florida Forest Service, 3125 Conner Boulevard, Suite "J",
				Tallahassee, FL 32399-1650.
(5) The
				monitor shall be a Department employee, other public agency selected by the
				Department, or an independent contractor hired by the Department.
(6) The Department shall review all
				monitoring reports for compliance with monitoring specifications and
				consistency with terms and conditions of the Perpetual
				Easement.
Rulemaking Authority 570.07(23),
					 570.71 (10),
					 259.105(3)(i)
					 FS. Law Implemented 570.71, 259.105(3)(i)
					 FS.
New 11-3-08, Amended 4-14-15,
					 6-12-23.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-8 - FLORIDA FORESTRY WILDLIFE BEST MANAGEMENT PRACTICES FOR STATE IMPERILED SPECIES › Section 5I-8.001 - Approved Florida Forestry Wildlife Best Management Practices

Current through Reg. 50, No. 138; July 16, 2024
The document titled Florida Forestry Wildlife Best Management
				  Practices for State Imperiled Species, FDACS-01869, Rev. 8/4/14, is hereby
				  incorporated and adopted by reference in this rule. Copies of the document may
				  be obtained from the Department of Agriculture and Consumer Services, Florida
				  Forest Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650,
				  (850)681-5943 or Fax (850)681-5801 or by visiting:
http://www.flrules.org/Gateway/reference.asp?No=Ref-04603
.
Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented
					 570.94 FS.
New 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-8 - FLORIDA FORESTRY WILDLIFE BEST MANAGEMENT PRACTICES FOR STATE IMPERILED SPECIES › Section 5I-8.002 - Presumption of Compliance

Current through Reg. 50, No. 138; July 16, 2024
To obtain the presumption of compliance authorized in
				  paragraph 68A-27.007(2)(d),
				  F.A.C., regarding incidental take of state imperiled species, the Applicant,
				  defined for purposes of this Rule Chapter and its incorporated materials as the
				  property owner, lessee, authorized agent, silvicultural contractor, or other
				  individual or entity with authority to enroll the property, must:
(1) Submit a completed Notice of Intent to
				Implement Florida Forestry Wildlife Best Management Practices, FDACS-11319,
				Rev. 08/14, which is incorporated in Rule
				5I-8.003, F.A.C.
(2) Implement the voluntary Florida Forestry
				Wildlife Best Management Practices as listed in the Notice of Intent to
				Implement Florida Forestry Wildlife Best Management Practices FDACS-11319, Rev.
				08/14, which is incorporated in Rule
				5I-8.003, F.A.C.
(3) Maintain documentation to verify the
				implementation of Florida Forestry Wildlife Best Management Practices for State
				Imperiled Species, FDACS-01869, Rev. 8/4/14, as identified in the Notice of
				Intent to Implement Florida Forestry Wildlife Best Management Practices,
				FDACS-11319, Rev. 08/14.
Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented
					 570.94 FS.
New 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-8 - FLORIDA FORESTRY WILDLIFE BEST MANAGEMENT PRACTICES FOR STATE IMPERILED SPECIES › Section 5I-8.003 - Notice of Intent to Implement

Current through Reg. 50, No. 138; July 16, 2024
(1) The form
				entitled Notice of Intent to Implement Florida Forestry Wildlife Best
				Management Practices, FDACS-11319, Rev. 08/14, shall be submitted to the
				Florida Forest Service, Attn: Florida Forestry Wildlife BMP Program, 3125
				Conner Boulevard, Tallahassee, Florida 32399-1650, (850)681-5943 or Fax
				(850)681-5801 or email at FFSsupport@freshfromflorida.com and to the Florida
				Fish and Wildlife Conservation Commission, Attn: Wildlife BMP Program, 620
				South Meridian Street, Tallahassee, Florida 32399-1600, (850)488-3831. The
				Applicant shall identify the state imperiled species and the Florida Forestry
				Wildlife Best Management Practices the Applicant intends to implement. This
				notice is a one-time notification for each property or parcel and is not
				required for each and every individual activity undertaken by the
				Applicant.
(2) The Notice of Intent
				to Implement Florida Forestry Wildlife Best Management Practices, FDACS-11319,
				Rev. 08/14, is hereby adopted and incorporated by reference and can be obtained
				from the Department of Agriculture and Consumer Services, Florida Forest
				Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, (850)681-5943
				or Fax (850)681-5801 or accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-04602
.
Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented
					 570.94 FS.
New 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-8 - FLORIDA FORESTRY WILDLIFE BEST MANAGEMENT PRACTICES FOR STATE IMPERILED SPECIES › Section 5I-8.004 - Record Keeping

Current through Reg. 50, No. 138; July 16, 2024
Where Florida Forestry Wildlife Best Management Practices
				  (WBMPs) implementation is not physically observable in the field. Applicants
				  must keep records to document implementation and maintenance of the Florida
				  Forestry WBMPs identified in the Notice of Intent to Implement Florida Forestry
				  Wildlife Best Management Practices, FDACS-11319, Rev. 08/14, as incorporated in
				  Rule 5I-8.003, F.A.C., that the
				  Applicant submitted to the Florida Forest Service and Florida Fish and Wildlife
				  Conservation Commission. All field activities and documentation related to
				  Florida Forestry WBMP implementation is subject to Florida Department of
				  Agriculture and Consumer Services, Florida Forest Service and Florida Fish and
				  Wildlife Conservation Commission inspection, upon demand.
Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented
					 570.94 FS.
New 10-21-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-24 - EMERGENCY RULE FOR YEAR 2024 › Section 5IER24-2 - Hurricane Idalia Silviculture Recovery Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. For purposes of this rule,
				the following definitions shall apply.
(a)
				"Affected county" includes Charlotte, Citrus, Columbia, Dixie, Gilchrist,
				Hamilton, Hernando, Jefferson, Lafayette, Levy, Madison, Manatee, Pasco,
				Pinellas, Sarasota, Suwannee, and Taylor Counties.
(b) "Eligible timber land" means land that
				is:
1. Located in an affected county and that
				was damaged as a result of Hurricane Idalia,
2. Classified as agricultural pursuant to s.
				193.461, F.S., and
3. Primarily dedicated to the cultivation of
				timber and related products.
(c) "Program" means the cost-sharing grant
				program established in Section 24, Chapter 2023-349, Laws of Florida.
(d) "Site preparation work" means those
				activities that are prerequisite to successfully replanting trees, including
				the removal of downed trees through both mechanical harvesting and lawful
				prescribed burning, as well as chemical site preparation and post-planting
				herbaceous weed control.
(e) "Tree
				replanting" includes both machine and hand methods.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.014(2)(a) FS. Law Implemented
					 501.012 FS.
New 2-9-93, Repealed
					 5-24-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.002 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.014(2)(a) FS. Law Implemented
					 501.012, 501.015 FS.
New 2-9-93, Repealed
					 5-24-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.003 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.014(2)(a) FS. Law Implemented
					 501.012, 501.0125 FS.
New 2-9-93, Repealed
					 5-24-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.004 - Registration

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless exempted pursuant to Section
				501.013, F.S., any person who
				intends to open or operate as a health studio shall, prior to offering health
				studio services, register with the department using FDACS-10300, Health Studio
				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, Attention: Health Studios, 2005
				Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10653
.
				At the time of registration, the registrant shall submit the applicable
				nonrefundable registration fee to the department for each health studio
				location. The registrant shall submit with the application, a copy of each
				contract offered to the public relating to the sale of health studio services,
				as well as original security documents.
(2) Pursuant to Section
				501.015(2)(a),
				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
				501.015(2)(b),
				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 Health Studio
				Registration Application referenced in subsection (1)
				above.
Rulemaking Authority 501.014(2), 570.07(23) FS. Law
					 Implemented 501.015(1), (2), (3), (4), 501.016, 501.017
					 FS.
New 2-9-93, Amended 7-10-94, 5-24-95, 1-20-03, 3-8-12,
					 1-19-14, 4-5-15, 5-10-17, 7-15-18,
					 7-11-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.005 - Exemption

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person claiming an exemption from the
				health studio laws pursuant to Section
				501.013, F.S., shall, prior to
				offering health studio services, file with the department FDACS-10301 Health
				Studio Affidavit of Exemption, Rev. 03/18, hereby incorporated by reference.
				Copies of this form may be obtained from the Department of Agriculture and
				Consumer Services, Division of Consumer Services, Attention: Health Studios,
				2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-09429
.
(2) The department may request a person
				claiming an exemption under section
				501.013, F.S., to submit
				supporting documentation necessary to establish the person is entitled to such
				exemption.
Rulemaking Authority 501.014(2), 570.07(23) FS. Law
					 Implemented 501.013 FS.
New 2-9-93, Amended 7-10-94, 5-24-95, 1-20-03, 3-8-12,
					 1-19-14, 4-5-15, 5-10-17, 7-15-18.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.006 - Security (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.014(2)(a) FS. Law Implemented
					 501.015(3), 501.016(1), (2) FS.
New 2-9-93, Amended 7-10-94, Repealed
					 5-24-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.007 - Reduction of Security (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.014(2) FS. Law Implemented
					 501.016(4) FS.
New 2-9-93, Amended 7-10-94, 5-24-95, Repealed
					 1-20-03.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.008 - Notice of Issuance of Occupational License (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.014(2)(a) FS. Law Implemented
					 501.016 FS.
New 2-9-93, Repealed
					 5-24-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.009 - Consumer Claims (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.014(2)(a) FS. Law Implemented
					 501.016 FS.
New 2-9-93, Repealed
					 5-24-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.010 - Escrow Accounts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.014(2)(a) FS. Law Implemented
					 501.016(5) FS.
New 2-9-93, Repealed
					 5-24-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.011 - Posting of Notice (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.014(2)(a) FS. Law Implemented
					 501.017(1)(b), 501.018(2) FS.
New 2-9-93, Repealed
					 5-24-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.012 - Facility of Equal Quality

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes
				of Section 501.017, F.S., and this chapter,
				the Department shall consider the following factors in determining equal
				quality among health studios:
(a) A comparison
				of equipment, facilities, and health studio-related services offered or
				available to members;
(b) The
				availability of the equipment and facilities for use on the same days and times
				by the consumer;
(c) The distance
				between the facilities.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.014 - Security Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) If filing a
				bond, letter of credit, or assignment of certificate of deposit pursuant to
				Section 501.016, F.S., the applicant
				shall use the applicable forms included in FDACS-10300, Health Studio
				Registration Application, Rev. 04/19, incorporated by reference in Rule
				5J-4.004, F.A.C.
(2) Claims against a bond, letter of credit,
				or certificate of deposit shall be submitted on FDACS-10303, Health Studio
				Claim Affidavit, Rev. 12/14, hereby incorporated by reference. Copies of this
				form may be obtained from the Department of Agriculture and Consumer Services,
				Division of Consumer Services, Attention: Health Studios, 2005 Apalachee
				Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed
				online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-05116
.
Rulemaking Authority 501.014(2),
					 501.016(1), (2),
					 (3), 570.07(23) FS. Law Implemented
					 501.016(1), (2), (3) FS.
New 4-5-15, Amended 5-10-17, 7-15-18,
					 7-11-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-4 - HEALTH STUDIO REGISTRATION › Section 5J-4.015 - 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
				501.012 -
				501.019, 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
				501.012 -
				501.019, F.S., and this rule
				chapter by issuing an administrative complaint, notice of noncompliance, or
				through civil litigation for violations of Sections
				501.012 -
				501.019, 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-5 - NO SALES TELEPHONE SOLICITATION › Section 5J-5.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) As referenced in Section 501.059(1)(k)1.,
				F.S., the term "in response to an express request" means a telephonic sales
				call made no more than 18 months from the date of a request that:
(a) Has been made in writing, bearing the
				signature or electronic signature, if recognized as a valid signature under
				applicable federal or state law, of the person called; and,
(b) Clearly authorizes the telephone
				solicitor to contact the consumer called; and,
(c) Includes the specific telephone numbers
				by which the consumer called may be contacted.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-5 - NO SALES TELEPHONE SOLICITATION › Section 5J-5.002 - Complaint Form

Current through Reg. 50, No. 138; July 16, 2024
(1) The following
				form is hereby adopted by reference and is used by the department in its
				investigations of alleged violations of Section
				501.059, F.S.: FDACS-10402,
				Florida Do Not Call Complaint Form, Rev. 12/21,
http://www.flrules.org/Gateway/reference.asp?No=Ref-13947
.
(2) A Copy of the above forms may be obtained
				from the Department of Agriculture and Consumer Services, Division of Consumer
				Services, Attention: Mediation and Enforcement, 2005 Apalachee Parkway,
				Tallahassee, Florida 32399-6500, or accessed online at the links identified in
				subsection (1) above. It may also be completed and submitted online at
http://www.freshfromflorida.com/Forms-Publications/Forms
.
Rulemaking Authority 501.059(13), 570.07(23) FS. Law
					 Implemented 501.059(9)(a), 570.544(4)
					 FS.
New 12-28-15, Amended 1-10-19,
					 2-24-22.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-5 - NO SALES TELEPHONE SOLICITATION › Section 5J-5.003 - 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 administrative penalties authorized
				under Section 501.059, F.S. The purpose of the
				guidelines is to give notice of the range of administrative penalties which
				will be imposed for a single violation. These guidelines list aggravating and
				mitigating factors that, if present, will reduce or increase the administrative
				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) Aggravating and Mitigating Factors. The
				department will consider aggravating and mitigating factors in determining
				administrative penalties for violations of Section
				501.059, F.S. The factors shall
				be applied against each single count of the listed violation. Both aggravating
				and mitigating factors, if present, shall be applied against each single count
				of the listed violation.
(a) Aggravating
				factors shall include:
1. The violation
				endangered the public safety or welfare.
2. Previous administrative or civil
				complaints brought by any governmental agency within the preceding three years
				for the same or a similar offense(s) that resulted in settlement, imposition of
				penalties, or suspension or revocation of a license.
3. The violator impeded, or otherwise failed
				to cooperate with, the department's inspection or investigation.
4. The violation resulted from an intentional
				act.
5. The cost of the enforcement
				action.
6. The number of violations
				proven in the same proceeding.
7.
				The benefit to the violator.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.626 FS. Law Implemented 501.602
					 FS.
New 4-12-92, Repealed
					 5-15-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.002 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.626 FS. Law Implemented 501.602,
					 501.603, 501.605, 501.607 FS.
New 4-12-92, Amended 8-17-92, Repealed
					 5-15-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.003 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purpose of this rule chapter, a
				"gift, award, or prize" does not include:
(a)
				A de minimis offering of goods such as a soft drink, a cup of coffee or tea, a
				snack, or a similar offering, or
(b) Additional goods of like kind as the
				goods being offered for sale.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.004 - Obtaining Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.626 FS. Law Implemented 501.605,
					 501.607 FS.
New 4-12-92, Repealed
					 5-15-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.005 - Licensing Requirement, Commercial Telephone Seller, Salesperson, Substance Abuse Marketing Service Provider

Current through Reg. 50, No. 138; July 16, 2024
(1) No person may act as a commercial
				telephone seller or salesperson unless licensed by the Department of
				Agriculture and Consumer Services. All applicants for a license shall submit to
				the department FDACS-10001, Commercial Telephone Seller Business License
				Application, Rev. 04/19, hereby incorporated by reference, along with the
				required non-refundable fee. Copies of this form may be obtained from the
				Department of Agriculture and Consumer Services, Division of Consumer Services,
				Attention: Telemarketing, 2005 Apalachee Parkway, Tallahassee, Florida
				32399-6500, or accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10503
.
(2)
(a) In
				the event a licensed commercial telephone seller hires an employee to function
				as a salesperson, but the employee does not possess a current commercial
				telephone salesperson license, the licensed commercial telephone seller may
				obtain interim operating authority for the unlicensed salesperson from the
				department by submitting FDACS-10005, Commercial Telephone Salesperson
				Individual License Application, Rev. 04/19, including the Statement of
				Verification, hereby incorporated by reference, along with a written request
				that the applicant be granted interim operating authority. Copies of this form
				may be obtained from the Department of Agriculture and Consumer Services,
				Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee
				Parkway, Tallahassee, Florida 32399-6500, or accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10504
.
				Salespersons may also apply or renew their license online at:
www.FreshFromFlorida.com
.
(b) The interim operating authority shall be
				effective until such time as the department notifies the applicant of denial or
				approval of license. In no event shall the interim operating authority exceed a
				period of 90 days.
(c) In the event
				a license is denied, the interim operating authority shall immediately
				terminate and the applicant for a salesperson license shall immediately
				discontinue operating as a salesperson.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.006 - Withdrawal of Application (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.626 FS. Law Implemented 501.605,
					 501.607 FS.
New 4-12-92, Repealed
					 5-15-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.007 - No Refund of Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.626 FS. Law Implemented 501.605,
					 501.607 FS.
New 4-12-92, Repealed
					 5-15-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.008 - Surety Bond, Letter of Credit, Certificate of Deposit (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.626 FS. Law Implemented 501.611
					 FS.
New 4-12-92, Repealed
					 5-15-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.009 - Schedule of Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.626 FS. Law Implemented 501.605,
					 501.607, 501.609 FS.
New 4-12-92, Repealed
					 5-15-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.010 - Material Changes in Applicant Information Prior to Renewal (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.626 FS. Law Implemented 501.509
					 FS.
New 4-12-92, Repealed
					 5-15-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.011 - Change in Status of Salesperson; Multiple Company Affiliations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.626 FS. Law Implemented 501.607,
					 501.609 FS.
New 4-12-92, Repealed
					 5-15-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.012 - Application Submission Format (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.626 FS. Law Implemented 501.605,
					 501.607 FS.
New 4-12-92, Repealed
					 5-15-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.013 - Exemption

Current through Reg. 50, No. 138; July 16, 2024
(1) Any business entity claiming an exemption
				from the commercial telephone seller laws pursuant to Section
				501.608(1)(b),
				F.S., shall, prior to offering its services, file with the department
				FDACS-10002, Commercial Telephone Seller Affidavit of Exemption, 07/17, hereby
				incorporated by reference. Copies of this form may be obtained from the
				Department of Agriculture and Consumer Services, Division of Consumer Services,
				Attention: Telemarketing, 2005 Apalachee Parkway, Tallahassee, Florida
				32399-6500, or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08721
.
(2) Any business entity claiming to be exempt
				under Section 501.604(22),
				F.S., shall furnish the department copies of occupational licenses, lease
				agreements, or tax returns which verify the entity has been operating a retail
				establishment at least one year under the same name as that used in connection
				with telemarketing; and,
(a) Shall provide a
				written statement that products are displayed and offered for sale, or services
				are offered for sale, and provided at the business establishment; and
(b) Shall furnish the department copies of
				sales records, customer lists, purchase orders, general ledger entries,
				journals, or other documents which verify that a majority of the seller's
				business involves the buyer obtaining such products or services at the seller's
				location. For the purposes of this rule, a "majority of the seller's business"
				shall mean that at least 51% of each of the following occurs at the seller's
				business establishment:
1. The total annual
				dollar volume of sales,
2. The
				total number of individual customer transactions; and,
3. The total number of
				sales.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.015 - Security Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) If filing a
				bond, letter of credit, or assignment of certificate of deposit pursuant to
				Section 501.611, F.S., the applicant
				shall use the applicable forms included in FDACS-10001, Commercial Telephone
				Seller Business License Application, Rev. 07/17, incorporated by reference in
				Rule 5J-6.005, F.A.C.
(2) Claims against a bond, letter of credit,
				or certificate of deposit shall be submitted on FDACS-10984, Telemarketing
				Claim Affidavit, Rev. 03/17, hereby incorporated by reference. Copies of this
				form may be obtained from the Department of Agriculture and Consumer Services,
				Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee
				Parkway, Tallahassee, Florida 32399-6500, or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08408
.
Rulemaking Authority 501.611(3), (5), 501.626, 570.07(23)
					 FS. Law Implemented 501.611
					 FS.
New 4-16-15, Amended 7-11-17,
					 10-31-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.016 - 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
				501.601 -
				501.626, 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
				501.601 -
				501.626, F.S., and this rule
				chapter by issuing an administrative complaint, notice of noncompliance, or
				through civil litigation for violations of Sections
				501.601 -
				501.626, 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-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 496.424 FS. Law Implemented 496.402
					 FS.
New 7-7-92, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.002 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 496.424 FS. Law Implemented 496.405,
					 496.406, 496.409, 496.410 FS.
New 7-7-92, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.003 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 496.424 FS. Law Implemented 496.404
					 FS.
New 7-7-92, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.004 - Registration

Current through Reg. 50, No. 138; July 16, 2024
(1) A sponsor shall maintain a current record
				of its membership, which record shall be no more than 30 days old. A copy of
				the membership list shall be provided to the department within ten days upon
				written demand by the department. Failure to provide the membership list within
				the 10 day time period shall be basis for denial or revocation of the sponsor's
				registration.
(a) The membership list shall be
				maintained at the sponsor's principal place of business. If the sponsor's
				principal place of business is located outside the state of Florida, a copy of
				the membership list shall be maintained at any Florida location of the
				sponsor.
(b) The membership list
				shall include each member's full name; rank or position; place of employment,
				including telephone number; and home street address and telephone number. The
				membership list shall also designate those members who are actively
				employed.
(c) For the purposes of
				Section 496.426, F.S., "actively
				employed" shall mean a person under any contract of hire, express or implied,
				oral or written, for a salary or other compensation, where the employer has the
				power or right to control and direct the employee in the material details of
				how the work is to be performed.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.0041 - Registration Denial/Charitable Organization or Sponsor (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 496.424 FS. Law Implemented 496.402,
					 496.405 FS.
New 6-28-94, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.0042 - Registration Denial/Professional Solicitor (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 496.424 FS. Law Implemented 496.402,
					 496.410 FS.
New 6-28-94, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.0043 - Registration Denial/Professional Fundraising Consultant (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 496.424 FS. Law Implemented 496.402,
					 496.409 FS.
New 6-28-94, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.0044 - Exemption from Registration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 496.424 FS. Law Implemented 496.406
					 FS.
New 3-13-95, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.005 - Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 496.424 FS. Law Implemented 496.405,
					 496.409, 496.410 FS.
New 7-7-92, Repealed
					 6-4-92.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.006 - Late Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 496.424 FS. Law Implemented 496.405(4)
					 FS.
New 7-7-92, Repealed
					 11-4-97.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.007 - Surety Bond for Professional Solicitors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 496.424 FS. Law Implemented 496.410
					 FS.
New 7-7-92, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.008 - Reporting (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 496.407, 496.410, 496.424 FS. Law
					 Implemented 496.407, 496.410 FS.
New 7-7-92, Repealed
					 6-4-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-7 - SOLICITATIONS OF CONTRIBUTIONS › Section 5J-7.009 - Professional Fundraising Consultant Registration

Current through Reg. 50, No. 138; July 16, 2024
(1) Every professional fundraising consultant
				shall file with the department FDACS-10104, Professional Fundraising Consultant
				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-05133
.
(2) A professional fundraising consultant
				must notify the department of all material changes in the information filed
				with the department within 7 working days of the material change. For
				convenience, a sample material change 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
www.800helpfla.com
.
Rulemaking Authority 496.424 FS. Law Implemented 496.409
					 FS.
New 3-25-12, Amended 1-19-14,
					 4-16-15.