Florida Administrative Code

(1) For the soil and water conservation districts that are wholly located in one county and that county has a county commission or school board that is divided into five subdivisions, the Department has subdivided each of these districts into five numbered subdivisions that match…

Statewide best management practices for small farms and specialty livestock operations are in the manual titled Florida Small Farms and Specialty Livestock Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-02223), hereby adopted and inc…

A landowner or producer enrolled under the Florida Small Farms and Specialty Livestock Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-02223), as incorporated by reference in Rule 5M-21.001, F.A.C., is also subject to the requirements…

Statewide best management practices for nursery operations are in the manual titled Florida Nursery Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01267, rev. 11/24), adopted and hereby incorporated by reference. Copies of the docume…

An Enrollee under the Florida Nursery Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices manual (FDACS-P-01267, rev. 11/24), as incorporated by reference in Rule 5M-6.002, F.A.C., is also subject to the requirements of Rule Chapter 5M-1, F.A.C. R…

The following documents are hereby adopted and incorporated by reference. Copies of the documents may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 3…

An Enrollee under the Florida Vegetable and Agronomic Crop (VAC) Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01268, rev. 12/24), as incorporated by reference in Rule 5M-8.002, F.A.C., is also subject to the requirements of Chapte…

Statewide best management practices (BMPs) for sod growing operations are in the manual titled Florida Sod Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01330, rev. 10/24), hereby incorporated and adopted by reference. Copies of the…

A Landowner or Producer enrolled under Florida Sod Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01330, rev. 10/24), is also subject to the requirements of Chapter 5M-1, F.A.C. Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c.…

The Division of Licensing (division), Department of Agriculture and Consumer Services (department) is statutorily empowered with the authority to ensure that the public is protected from private investigation, security, and repossession services by individuals who have a criminal…

(1) Purpose. This rule sets forth disciplinary guidelines used by the division when imposing penalties authorized under Chapter 493, F.S. The guidelines notify applicants and licensees of the range of penalties which are routinely imposed unless the division finds it necessary to…

(1) The standards of conduct that are necessary and reasonably related to the protection of the public health, safety and welfare, that must be maintained by persons seeking a license or holding a license under Chapter 493, F.S., include those set out in the definition of good mo…

(1) Insurance. Each Class "B" agency must file form DACS-16004, Certification of Insurance, effective 1/06, as incorporated in subsection 5N-1.100(6), F.A.C., evidencing commercial general liability coverage issued by an insurance company licensed in Florida that provides coverag…

(1) To receive credit for relevant military training or education that is substantially similar to the training or education required for licensure, applicants shall submit a DD Form 214 at time of application. Other official documents showing military training, education, or exp…

(1) Procedures. Any person who meets the qualifications prescribed by Chapter 493, F.S., and desires a license in the profession or services provided for in the law, shall file with the division an application using the applications and support forms in Rule 5N-1.100, F.A.C. (a) …

(1) The department recognizes the need in certain situations for private investigators from other states or territories to enter the State of Florida for the purpose of following-up investigative leads when engaged in investigations originating in his or her state of licensure. A…

Individual licenses and an agency identification card must be in the possession of the licensee at all times while on duty. (1) No licensee shall operate under any name other than its licensed name. The use of any address other than the licensed address(es) is prohibited in any p…

Licensed agencies shall allow licensed employees to use only factory ammunition of a type and load which is appropriate for the location and duty requirements of armed employees, not including the following types of ammunition which are prohibited: (1) Glaser-type or any other pr…

(1) A Class "D" Security Officer licensee who also holds a valid Class "G" Statewide Firearm license shall not carry a firearm while on duty unless doing so is authorized by her or his employer as being required by and in connection with those duties. (a) A Class "D" Security Off…

(1) In addition to firearms authorized pursuant to Section 493.6115(6), F.S., the department approves the following weapons for use by Class "G" licensed employees of security and private investigative agencies, when performing Chapter 493, F.S., regulated duties under the condit…

(1) Initial Firearms Qualification. (a) Except as provided in Section 493.6105(5), F.S., in order to initially qualify for a Class "G" Statewide Firearms License, an applicant must successfully complete 28 hours of range and classroom training taught by one or more Class "K" fire…

(1) Schools or Training Facilities. All persons or business entities desiring to operate a security officer school or training facility, or recovery agent school or training facility, shall make application for licensure as required by Sections 493.6304 and 493.6406, F.S., using …

(1) Schools and training facilities shall employ instructors who have been licensed by the division or are exempt by subsection 5N-1.134(3), F.A.C. Any person is qualified for licensure as an instructor pursuant to Chapter 493, F.S., who submits Form DACS-16014 as incorporated in…

(1) Security Officer Schools and Training Facilities. (a) A security officer school or training facility shall teach, at a minimum, and the students shall attend classes in the subject areas as set forth in the Security Officer Training Curriculum Guide P-01878 (Rev. 11/2018), wh…

(1) Hire and Termination of Employee(s). (a) Within 15 days of hire or termination of any employee who has applied for or holds a license regulated under Chapter 493, F.S., each agency shall make notification to the department providing the information herein. (b) Notification sh…

(1) Tax Collectors who have been appointed to accept new license applications may do so for Class "D" license type only. (2) Tax Collectors who have been appointed to provide fingerprinting and photographing services may do so for applicants of all license types so long as the as…

(1) Natural Gas Fuel Fleet Vehicle Rebate Program. Pursuant to Section 377.810, F.S., this rule applies to any applicant seeking a rebate under the Natural Gas Fuel Fleet Vehicle Rebate Program for the cost of conversion or the incremental cost incurred by an applicant in connect…

For the purposes of this rule chapter, the definitions in Section 377.602, F.S., and the following shall apply: (1) "Department" means the Florida Department of Agriculture and Consumer Services (2) "Electric Utility" shall have the same meaning as defined in Rule 25-22.070, F.A.…

(1) Pursuant to Sections 377.603 and 377.604, F.S., no later than the first Wednesday of May each year, each Electric Utility subject to the filing requirements of subsection 25-22.071(1), F.A.C. shall submit to the Department its 10-year site plan, prepared pursuant to Section 1…

(1) The Department shall submit comments, in accordance with paragraph 25-22.071(3)(c), F.A.C., on each Ten-Year Site Plan submitted by an Electric Utility to the Public Service Commission including an evaluation the capability of the Ten-Year Site Plan to achieve the goals adopt…

For the purposes of this chapter and Chapters 5P-2 and 5P-3, F.A.C., the definitions in Section 595.402, F.S., and Sections 7 CFR 210.2, 7 CFR 215.2, 7 CFR 220.2, 7 CFR 225.2, 7 CFR 245.2, 7 CFR 247.1, 7 CFR 248.2, 7 CFR 250.2, 7 CFR 251.3, 7 CFR 252.2, all revised as of January …

(1) Section 595.404, F.S., exempts the department from Sections 120.569, 120.57-120.595, and 120.68, F.S. Therefore, parties seeking administrative review of proposed agency action by the department shall follow the rules outlined herein. (2) The department shall take agency acti…

Rulemaking Authority 570.07(23), 595.404(4), (10), (11) FS. Law Implemented 595.404 FS. History-New 3-26-66, Amended 4-17-72, 4-19-73, 10-20-73, 6-17-74, Repromulgated 12-5-74, Amended 5-4-76, 10-18-77, 12-11-79, 1-7-81, 7-28-81, 9-23-81, 6-28-83, 10-15-84, 7-10-85, Formerly 6A-7…

(1) Child Nutrition Programs and Supplemental Food Programs. (a) Seriously Deficient. 1. A Sponsor or Recipient Agency, and its principals, including their board members, corporate officials, and the officials identified on the Sponsor or Recipient Agency's application in the Flo…

For the purposes of this chapter, the definitions in Section 500.81, F.S. and the following shall apply: (1) Applicant means a for-profit entity, including a convenience store or a fueling station, or a not-for-profit entity, such as a sole proprietorship, partnership, limited li…

(1) Through competitive bidding pursuant to Chapter 287, F.S., the department will contract with an eligible entity (i.e., Contractor) to administer the Healthy Food Financing Initiative program in accordance with Section 500.81(3)(b)1., F.S. and the criteria set forth in this ch…

(1) Program funds shall be granted to the contractor to create a revolving loan fund for the purpose of financing projects during the term of the contract. (2) The Contractor is authorized to make loans with terms that are amortized for a period in excess of seven (7) years. (3) …

(1) Three (3) Applicants will be selected for project financing. (2) Applicants shall submit a proposal that meets the minimum qualifications specified in Sections 500.81(5)(a)-(c), F.S., to be eligible for project financing through the Contractor. (3) Proposals are accepted on a…

Each School Food Authority, as defined in 7 CFR 210.2, participating in or applying to participate in a School Nutrition Program, as defined in subsection 5P-1.001(1), F.A.C., and each participating Sponsor, must meet the applicable standards established by the United States Depa…

(1) Meal Service Times. School Nutrition Program lunches must be served in accordance with the timing requirements specified in 7 CFR 210.10(l)(1), incorporated in Rule 5P-2.001, F.A.C. Schools must offer breakfasts meeting the requirements of 7 CFR 220.8(l)(1), incorporated in R…

(1) Contracts. All Sponsor contracts for goods or services for the School Nutrition Programs must be procured and executed in compliance with the procurement standards outlined in 7 CFR 210.21, 7 CFR 220.16 and 2 CFR 200, incorporated in Rule 5P-2.001, F.A.C. (a) Pursuant to 7 CF…

(1) Advances. The Department will not advance funds to Sponsors for School Nutrition Programs. (2) Claims. Claims for Reimbursement shall only be paid to Sponsors operating under a Child Nutrition Programs Agreement, incorporated in Rule 5P-1.004, F.A.C., with the Department exce…

(1) Administrative Review. The Department will conduct Administrative Reviews of all Sponsors participating in the School Nutrition Programs in accordance with 7 CFR 210.18, incorporated in Rule 5P-2.001, F.A.C., and the 2018-2019 Administrative Review Manual, which is hereby ado…

(1) Fiscal Action. Fiscal Action is the recovery of overpayment by the Department to a Sponsor through direct assessment or offset of future Claims for Reimbursement, disallowance of any portion of a Claim for Reimbursement, disallowance of overclaims as reflected in unpaid Claim…

(1) Professional Standards. Sponsors must establish and implement professional standards for their School Nutrition Program directors, managers, and staff, as defined in 7 CFR 210.2 and 7 CFR 210.30, incorporated in Rule 5P-2.001, F.A.C. (2) Hiring Standards. (a) Sponsors must en…

(1) Waiver Request Protocol. Sponsors desiring a waiver of a federal statutory or regulatory requirement must submit a waiver request to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the Child Nutrition Pro…

Emergency meal services shall be administered as provided in subsection 5P-3.001(10), F.A.C. Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404, 595.501 FS. History-New 8-19-19, Amended 8-9-23.