Florida Administrative Code

Rulemaking Authority 760.31(5) FS. Law Implemented 760.29(4)(e) FS. History-New 2-11-02, Amended 2-5-04, 2-4-16, Repealed 5-25-21.

(1) Unless otherwise provided below or in board rule, completed applications for licensure examinations shall be submitted on a form as required by board rule, or department rule when there is no board, to the Department at least 60 days prior to the scheduled examination. (2)(a)…

The application will be accompanied by the required fee for application and examination and all documents and other material that are to be considered in support of the application. For examinations administered by a computer-based testing vendor, applicants shall provide two (2)…

(1) The Department, where there is no board, shall determine whether the applicant is qualified to take the licensure examination. Where there is a board, the application shall be scheduled for the next available meeting of the appropriate board for the board to determine whether…

(1) For Department administered examinations, unless otherwise specified by board rule, after a decision is made that an applicant meets the lawful requirements for the licensure examination, the Department will schedule the applicant for the next examination where space is avail…

(1) During the examination, the candidates will follow the instructions of the examination supervisor. The candidates will be permitted to ask reasonable questions of the Department's or computer-based testing (CBT)-contracted vendor's examination supervisor and proctors relating…

(1) The examination supervisor, proctors, and computer-based testing (CBT)-contracted vendor are the Department's designated agents in maintaining a secure and proper examination administration. (2) The department and its designated agents shall use any technology reasonably nece…

(1) The Department of Business and Professional Regulation will provide reasonable and appropriate accommodations to candidates with physical, mental, or specific learning disabilities to the extent permitted by cost, administration restraints, security considerations, and availa…

(1) Candidates required to take a practical examination shall be informed by the Department in writing of the performance criterion and any special equipment required for such performance. (2) In the event that professional examiners are employed to evaluate candidate performance…

(1) Pursuant to Section 455.217, F.S., grading of all examinations shall be processed only as follows: (a) National Examinations shall be graded solely and exclusively by the national examination provider or its designee. National examinations shall include those developed by or …

Rulemaking Authority 455.203(5), 455.229 FS. Law Implemented 455.217, 455.229 FS. History-New 9-25-80, Amended 2-3-81, 12-7-81, Formerly 21-11.12, Amended 6-14-89, 5-2-91, 7-28-92, 10-27-92, 5-27-93, Formerly 21-11.012, Amended 9-18-96, 2-25-01, Repealed 8-6-12.

(1) A national examination is an examination developed by or for a national or multi-state professional association, board, council, or society (hereinafter referred to as organization) and administered for the purpose of assessing entry level standards of practice necessary to p…

(1) The Department shall, under conditions listed below and for a fee which recovers costs associated with such an action, with the concurrence of the appropriate board, share department-developed examinations with other state licensing authorities. (2) Upon receipt of an express…

(1) Pursuant to Section 455.217(3), F.S., a candidate who has taken and failed a departmentally developed objective multiple choice examination, a departmentally developed practical examination, or an examination developed for the Department by a computer-based testing (CBT)-cont…

(1) If the candidate did not exercise his or her right for the post-examination review, pursuant to Section 455.217, F.S., and elects to request a formal administrative hearing, he or she will be required to pay the post-examination review fee, as specified by board rule or by De…

In authorizing the translation of licensure examinations to an applicant's native language, the Legislature has determined that translated licensure examinations pose no inherent threat to the public health, safety, and welfare. (1) To allow the Department sufficient time to tran…

Written examinations developed by or for the Department may include pilot test or experimental questions for the purpose of evaluating the statistical and/or psychometric qualities of new or revised questions prior to their use in an examination. Pilot test or experimental questi…

This chapter sets forth rules to be used by the Department of Business and Professional Regulation in the administration of Sections 210.021, 210.31, 550.0251(8), and 561.111, F.S., authorizing the secretary of the department to require certain taxpayers to remit taxes and fees b…

For the purposes of this rule chapter, the terms and phrases used in these rules shall have the meanings prescribed in this section, unless a different meaning is clearly indicated by the context in which the term or phrase is used. (1) "ACH" or "Automated Clearing House" means a…

(1) All taxpayers who are required to remit taxes through EFT, shall participate for a minimum of 1 year. During this period, taxpayers shall not be added to the list of required participants. Taxpayers identified on the basis of prior year tax payments will be contacted by the d…

(1) The department will utilize the ACH debit transfer as the method by which certain large taxpayers subject to EFT requirements shall remit taxes by electronic funds transfer. (2) The Secretary or the Secretary's designee will consider taxpayers' requests to use the ACH credit …

(1) If a taxpayer does not make a correct payment of tax for a particular period, such taxpayer shall, on the nearest business day to the date on which the error is discovered, contact the Chief of Finance and Accounting or a designee at telephone (850)488-2014 for specific instr…

(1) ACH Debit Method. (a) The taxpayer must report payment information to the data collection center, by the approved means of communication, no later than 3:45 p.m. (Eastern Time), on the business day immediately preceding the due date of the payment. The data collection center …

(1) Taxpayers who are required to remit tax payments through EFT must initiate the transfer, in accordance with established banking practice, so that the amount due is deposited as collected funds to the State Treasurer's account on or before the due date under the appropriate la…

Rulemaking Authority 72.011(2)(b)3. FS. Law Implemented 72.011, 72.031 FS. History-New 2-19-98, Repealed 6-28-12.

(1) TAX AND TAX ASSESSMENTS PENALTIES - DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO. Any tax assessment, assessment penalty or interest assessment issued by the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, becomes final for purp…

(1) "Manager" means one who advises, guides or directs an artist in career development and is not primarily involved in placing the artist in employment. (2) "Modeling or photographing a minor in the nude in the absence of written permission from the minor's parents or legal guar…

Each owner and operator of a talent agency wishing to obtain a license and renewal thereafter shall submit a completed application on Form DBPR TA-1, Application for Licensure as a Talent Agency, effective January 2018, incorporated herein by reference, http://www.flrules.org/Gat…

Rulemaking Authority 468.402(3) FS. Law Implemented 468.408 FS. History-New 7-27-87, Formerly 21-19.004, Repealed 9-20-15.

The following fees shall be charged for talent agencies: (1) Application fee - $300. (2) Initial license fee - $200 if licensed after May 31 of any odd numbered year; otherwise initial license fee of $400, license to expire on May 31 of each even numbered year. (3) Renewal of lic…

(1) Biennial renewal of all licenses for talent agencies shall be renewed by May 31 of each even numbered year on the form prescribed and upon payment of the fee specified in Rule 61-19.005, F.A.C., and submission proof of renewal of a $5,000 surety bond for the total 2-year peri…

A license suspended for failure to renew, or suspended or revoked by virtue of disciplinary action by the Department may be reinstated upon application to the Department, which application shall include: (1) All information required for initial licensure as specified in Rule 61-1…

(1) In the event that persons upon whose qualifications the license was issued cease to be associated with the talent agency, the agency shall immediately notify the Department that such person is no longer connected with the agency and shall notify the Department of the agency's…

Upon proof of violation of the term of Part VII, Chapter 468, F.S., the Department may impose fines, civil penalties and license suspension or revocation. The following monetary fines are adopted but are not exclusive of any other remedy authorized to be sought by the Department:…

Rulemaking Authority 468.402(3) FS. Law Implemented 455.203, 468.404(1), 468.406(2), 468.407(1), 468.408, 468.410(3), 468.412(6) FS. History-New 7-27-87, Amended 7-6-88, 9-9-91, Formerly 21-19.010, Repealed 9-20-15.

(1) Citations shall be issued pursuant to Section 455.224, F.S. (2) Citations shall be issued by the Bureau of Investigative Services, and when necessary, after review by the Bureau of Legal Services. (a) The field investigative staff shall complete a BPR Uniform Complaint Form (…

(1) Definitions. (a) "Charge" or "Charges." These terms refer to the official document in any criminal proceeding, whether styled an "Information," "Indictment," or otherwise, which document specifies the charges against the defendant, and which document is filed in any court of …

(1) Changing an Active License to an Inactive License and Renewal of an Inactive License. A licensee desiring to maintain a valid license but who will not be providing community association management services for a period of time, may change the status of his/her license to inac…

Rulemaking Authority 455.02(2), 468.4315(3) FS. Law Implemented 455.02(2) FS. History-New 4-25-05, Repealed 10-10-17.

(1) A corporation, association or other organization or entity which engages in, or is desirous of engaging in, the business of community association management shall be registered under this rule and shall employ only licensed persons in the direct provision of community managem…

Rulemaking Authority 455.207(3) FS. Law Implemented 455.207(3) FS. History-New 6-18-02, Repealed 10-10-17.

(1) Aggravating and Mitigating Circumstances. The department shall be entitled to deviate from the disciplinary guidelines provided by this rule upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the department prior to the imp…

(1) Definitions. As used in this rule: (a) "Citation" means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule; (b) "Subject" means the lice…

The following alleged violations may be resolved by mediation: (1) Paragraph 61E14-2.001(2)(a), F.A.C., Failing to comply with the requirements of the governing documents by which the community association is created or operated. (2) Paragraph 61E14-2.001(3)(a), F.A.C., Withholdi…

Rulemaking Authority 468.4315(2), 468.433(2)(d) FS. Law Implemented 468.433(2)(d) FS. History-New 1-3-01, Transferred to 61E14-1.001.

Rulemaking Authority 468.4315 FS. Law Implemented 455.217, 468.433 FS. History-New 5-5-88, Amended 3-22-89, 8-17-89, 12-28-92, Formerly 7D-55.005, Amended 11-23-93, 10-9-94, Formerly 61B-55.005, Amended 5-4-97, 7-30-97, Transferred to 61E14-1.002.

Rulemaking Authority 468.4315(2), 455.217(2) FS. Law Implemented 455.217(2) FS. History-New 8-28-97, Transferred to 61E14-1.003.

Rulemaking Authority 455.217(3), 468.4315(2) FS. Law Implemented 455.217(3) FS. History-New 1-8-98, Transferred to 61E14-1.004.

Rulemaking Authority 468.4315(2) FS. Law Implemented 468.433, 468.436 FS. History-New 5-5-88, Amended 2-5-91, Formerly 7D-55.007, 61B-55.007, Amended 1-8-98, 5-31-99, Transferred to 61E14-2.001.

Rulemaking Authority 468.4315, 943.053 FS. Law Implemented 455.2171, 455.219(3), (6), 455.2281, 455.271, 468.4315(2), 468.433, 468.435, 943.053 FS. History-New 5-4-97, Amended 5-10-98, 9-9-98, 2-11-99, 3-13-00, 11-2-00, 1-3-01, 7-15-02, 12-14-03, 7-13-04, 6-26-06, Transferred to …