Florida Administrative Code

The following documents are hereby incorporated by reference. Copies of these documents may be obtained from the Division of Consumer Services Agricultural Dealer's Licenses at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or online as indicated. (1) Assignment of Certi…

(1) Applicants seeking a waiver must submit FDACS-10991, Military Fee Waiver Request, Rev. 10/18, 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,…

For the purpose of administering section 692.202, F.S., and these rules, the following definitions apply: (1) "Clear and present danger" means an immediate danger to the public health, safety, or welfare or other substantial loss to the state. (2) For the purpose of interpreting …

A foreign principal that executed a contract for the purchase of agricultural land in the state of Florida prior to July 1, 2023, may own or acquire the agricultural land that is the subject of the contract on or after July 1, 2023. Such individuals are required to register pursu…

(1) Registration for Agricultural Land Owned or Acquired Prior to July 1, 2023. (a) A foreign principal who owns or acquires a legal or equitable interest, other than a de minimis indirect interest, in agricultural land or any interest in such land in Florida prior to July 1, 202…

(1) The Department will impose a $1,000 fine against the foreign principal for each day that the registration is late. The registration will be deemed late if it is filed more than 30 days after the agricultural land is owned or acquired by the foreign principal or as otherwise p…

(1) The Department may place a lien on the foreign principal's agricultural land for any fines that are not paid within 30 days of entry of the final order unless otherwise stated in the final order. (2) Any correspondence related to the release of liens pursuant to this rule sho…

(1) A closing agent who relies on and maintains a copy of the affidavit specified in section 692.202(5), F.S., has established a rebuttable presumption that the closing agent did not have actual knowledge that the real estate transaction violated section 692.202, F.S. (2) A selle…

As used in this chapter: (1) "Charger" means the portion of the EVSE that connects to the EV and includes the charging cables, charging connectors, and any internal meter used to measure the electricity transferred to the EV. (2) "Charging connector" means the portion of the char…

(1) A local government entity may not enact or enforce any ordinance or regulation related to EV charging stations or create a condition for a permit or other approval for such stations, that would require a minimum or maximum number of chargers, EV parking spaces, or other type …

(1) All EVSE installed at an EV charging station shall comply with the safety standards of the National Fire Protection Association as published in NFPA 70, National Electrical Code, Article 625 as adopted by the Department of Financial Services, Division of State Fire Marshal in…

(1) EVSE may be installed as part of an EV charging station in any location upon a commercial property necessary to ease access to current utilities. (2) EVSE infrastructure that is part of an EV charging station shall be considered electrical or utility equipment and may encroac…

In addition to the requirements of Chapter 531, F.S., the rules adopted thereunder, and other applicable portions of state law, each EV charging station or EV charger must display the following minimum signage: (1) Each EV charger shall have a unique identifier, with respect to t…

Before a charger is placed into service at an EV charging station for use by the public, the operator must submit FDACS-10994, Electric Vehicle Charging Station Registration, 04/25, hereby incorporated by reference, or by using the online registration system on the department's w…

(1) Methods of sale other than sales based on the cost per unit of energy in kilowatt-hours, as required by Rule 5J-22.003, F.A.C., or based on a subscription contract that includes the cost of the energy received, are prohibited. (2) Fees assessed for other services in direct co…

(1) The department may take one or more of the following actions against an operator for any violation of section 366.94, F.S. or this rule chapter: (a) Issuance of a warning letter. (b) Imposition of an administrative fine in the Class II category pursuant to section 570.971, F.…

(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 incorpor…

(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 …

(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) T…

(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,…

(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 li…

(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 a…

(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 …

(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…

(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. (2) As …

(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…

(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 incorpor…

The purpose of this rule is to implement Section 501.612(1), F.S. The department shall not issue an initial or renewal license to any person applying for a commercial telephone seller or salesperson or an entity providing substance abuse marketing services license if the departme…

(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…

(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 li…

(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 …

(1) Every professional fundraising consultant shall file with the department FDACS-10104, Professional Fundraising Consultant Registration Application, Rev. 12/24, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consume…

(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. 12/24, hereby incorporated by reference. Copies of t…

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. 12/24, hereby incorporated by reference. Copies of this form may be obtained from the Depar…

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 de…

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…

(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 cons…

(1) Any person who intends to operate as a seller of travel shall submit FDACS-10200, Sellers of Travel Registration Application, Rev. 04/19, hereby incorporated by reference, along with the applicable non-refundable registration fee specified by Section 559.928(2), F.S., to the …

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, her…

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 n…

(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 …

(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 li…

(1) The following materials are hereby incorporated by reference and shall apply in the interpretation and enforcement of Chapter 502, F.S. Copies of all referenced materials are available at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bu…

(1) General Permits. (a) All Milk Plants, Washing Stations, Out-of-State Processors of Milk and Milk Products, Receiving Stations, Transfer Stations, Single Service Container Manufacturers and Operators of Milk Plants shall submit an application on Form DACS-05019 Application for…

(1) Shelf-Life Dating and Expiration Dating. (a) All milk and milk products shall be legibly labeled with their shelf-life date. The date or date code for frozen desserts and other manufactured milk products shall indicate the date of manufacture of the product or the last day th…

(1) Milk barn, stable or parlor and milkhouse or room construction. (a) Walls, ventilation and light. Walls shall be of smooth finish impervious to water. Ten percent of wall area shall be windowed of the ventilating type, unless adequate mechanical ventilation is furnished. Pipe…

(1) This rule sets forth guidelines the Department will follow in imposing the penalties authorized under Chapter 502, F.S., for violations of Chapter 502, section 581.217, F.S., and this rule chapter. The purpose of these guidelines is to give notice of the range of penalties th…