Fla. Admin. Code tit. 2 | Fla. Admin. Code Title 2 — Department of Legal Affairs

Division 2 Departmental

Chapter 2-1 DEPARTMENTAL ORGANIZATION

Fla. Admin. Code R. 2-1.001 General Organization; Purpose

History

Rulemaking Authority 120.53 FS. Law Implemented 16.01, 20.11, 120.53 FS. History–New 6-16-80, Formerly 2-1.01, Repealed 7-25-95.

Fla. Admin. Code R. 2-1.003 The Department Head

History

Rulemaking Authority 120.53 FS. Law Implemented 16.01, 20.11, 120.53 FS. History–New 6-16-80, Formerly 2-1.03, Repealed 7-25-95.

Fla. Admin. Code R. 2-1.005 General Description and Address of Agency

History

Rulemaking Authority 120.53 FS. Law Implemented 16.01, 20.11, 120.53 FS. History–New 6-16-80, Formerly 2-1.05, Amended 6-19-96, Repealed 7-21-26.

Fla. Admin. Code R. 2-1.006 Location of Offices

History

Rulemaking Authority 120.53 FS. Law Implemented 20.11, 120.53 FS. History–New 6-16-80, Formerly 2-1.06, Repealed 7-25-95.

Fla. Admin. Code R. 2-1.007 Attorney General’s Opinions

History

Rulemaking Authority 120.53 FS. Law Implemented 16.01, 120.53 FS. History–New 6-16-80, Formerly 2-1.07, Repealed 7-25-95.

Fla. Admin. Code R. 2-1.008 Affirmative Action

History

Rulemaking Authority 120.53 FS. Law Implemented 20.11, 110.112, 120.53 FS. History–New 6-16-80, Formerly 2-1.08, Repealed 7-25-95.

Fla. Admin. Code R. 2-1.009 Statutory Chapters and Rules

History

Rulemaking Authority 120.53 FS. Law Implemented 20.11, 120.53 FS. History–New 6-16-80, Formerly 2-1.09, Repealed 7-25-95.

Fla. Admin. Code R. 2-1.010 Official Reporter

History

Rulemaking Authority 120.53 FS. Law Implemented 20.11, 120.53 FS. History–New 6-16-80, Formerly 2-1.10, Repealed 7-25-95.

Fla. Admin. Code R. 2-1.011 Public Information and Inspection of Records

History

Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 6-16-80, Formerly 2-1.11, Repealed 7-25-95.

Fla. Admin. Code R. 2-1.012 Approved Forms

History

Rulemaking Authority 120.53 FS. Law Implemented 16.01, 27.52, 120.53, 222.17, 849.094 FS. Chapters 79-218, 81-141, 83-118, Laws of Florida History–New 6-16-80, Amended 11-3-81, 8-11-83, Formerly 2-1.12, Repealed 7-25-95.

Fla. Admin. Code R. 2-1.013 Legal Services

History

Rulemaking Authority 287.059 FS. Ch. 90-147, Laws of Florida. Law Implemented 16.015, 287.059 FS. Ch. 90-147, Laws of Florida. History–New 10-7-90, Transferred to 2-37.010.

Fla. Admin. Code R. 2-1.014 Standard Fees for Private Legal Services – Purpose

History

Rulemaking Authority 287.059(5)(b) FS. Law Implemented 287.059(5) FS. History–New 6-25-91, Transferred to 2-37.020.

Fla. Admin. Code R. 2-1.0141 Standard Fee Schedule

History

Rulemaking Authority 287.059(5) FS. Law Implemented 287.059(5) FS. History–New 6-25-91, Transferred to 2-37.030.

Fla. Admin. Code R. 2-1.0142 Standard Fee Schedule Exceptions – Procedure

History

Rulemaking Authority 287.059(6) FS. Law Implemented 287.059(6) FS. History–New 6-25-91, Transferred to 2-37.040.

Fla. Admin. Code R. 2-1.015 Resolution of Bid Disputes

History

Rulemaking Authority 287.059(5) FS. Law Implemented 120.53(5) FS. History–New 6-11-85, Formerly 2-1-15, Repealed 10-9-97.

Fla. Admin. Code R. 2-1.055 Adoption of Model Rules of Procedure

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 8-28-95, Repealed 10-9-97.

Chapter 2-2 UNFAIR AND DECEPTIVE TRADE PRACTICES

Fla. Admin. Code R. 2-2.001 Repeal of Rules Regarding Unfair and Deceptive Trade Practices

It is neither possible nor necessary to codify every conceivable deceptive and unfair trade practice prohibited by Part II, chapter 501, F.S. (See Department of Legal Affairs v. Father & Son Moving & Storage, 643 So.2d 22 (Fla. 4th DCA 1994)). The repeal by the Department of Legal Affairs of the following rule chapters shall not modify or restrict the application of Part II, chapter 501, F.S., to deceptive and unfair trade practices: Title 2, Chapters 2-7, 2-9, 2-10, 2-11, 2-12, 2-13, 2-14, 2-15, 2-16, 2-17, 2-18, 2-19, 2-20, 2-22, and 2-28, F.A.C.

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 6-19-96, Amended 10-29-97.

Fla. Admin. Code R. 2-2.002 Advertising in a Language Other Than English

It shall be an unfair or deceptive act or practice to disseminate any advertisement without including all required disclosures or limitations relating to the offer which are required to be included in the advertisement in the language principally used in the advertisement.

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204(1) FS. History–New 2-21-08.

Chapter 2-3 Florida Digital Bill of Rights

Fla. Admin. Code R. 2-3.001 Florida Digital Bill of Rights – Authorized Person

(1) Definitions – As used in this rule and Section 501.701, F.S.:

“Authorized person” means:

(a) A Consumer whose data is processed or sold by a controller or processor;

(b) A person granted express, written authority by a consumer to act for the consumer in exercising the consumer’s rights pursuant to Section 501.705, F.S.;

(c) A person granted authority to act for a consumer under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. The term includes an original agent, co-agent, and successor agent. See Section 709.2102, F.S.; and

(d) A person who is a parent or legal guardian of a child who is exercising the rights granted to the child or to the parents of a child pursuant to Sections 501.705 - 501.722, F.S.

(2) An Authorized person who is authenticated pursuant to Rule 2-3.004 is entitled to act on a consumer’s behalf to exercise all rights and protections conferred under section 501.701, F.S.

History

Rulemaking Authority 501.72(5), F.S. Law Implemented 501.72(5), F.S. History - New 7-18-24.

Fla. Admin. Code R. 2-3.002 Florida Digital Bill of Rights – Data Security

(1) Definitions – As used in this rule and Section 501.701, F.S.:

“Authorized user” means any affiliate, controller, processor, employee, contractor, agent, consumer, or other person that is authorized to access any personal data.

(2) General Data Security Practices -

(a) A controller shall protect the confidentiality, integrity, and accessibility of personal data it creates, receives, processes, archives, maintains, or transmits from the unauthorized access, use, disclosure, deletion, or modification of personal data.

(b) A controller shall establish, implement, and maintain data security practices that comply with the risk management framework and standards adopted by the National Institute of Standards and Technology (NIST) of the United States Department of Commerce, hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-16614 or https://doi.org/10.6028/NIST.SP.800-37r2, or their equivalent.

(d) A controller shall establish, implement, and maintain the security practices for the most sensitive type of data within a data set with mixed levels of sensitivity. For example, if sensitive personal data is not kept separate from other categories of personal data, the entire data set shall all receive the level of protection for sensitive personal data.

(e) A controller shall establish, implement, and maintain data security practices for personal data not subject to an exemption by the controller or processor after the satisfaction of the initial purpose for which such information was collected or obtained until the personal data has met its retention schedule.

(f) A controller shall establish, implement, and maintain procedures for the secure disposal of personal data.

(3) Administrative Data Security Practices -

(a) A controller shall establish, implement, and maintain effective organizational controls for personal data.

(b) A controller shall designate a qualified individual responsible for overseeing and implementing the data security practices required under the Florida Digital Bill of Rights, Section 501.701, F.S.

(d) A controller shall regularly test and monitor compliance with data security practices, including key controls, systems, and procedures, to detect actual and attempted attacks on, or intrusions into systems that contain personal data.

(e) A controller shall limit access to its systems containing personal data to authenticated users and authorized users tasked with performing those duties.

(f) A controller shall manage access permissions, incorporating the principles of least privilege and separation of duties with respect to different types of personal data.

(g) A controller shall ensure that only authorized users have access to personal data. and shall verify the identity of authorized users that will access the controller’s systems, manage access rights, and manage all stages in the life cycle of user access.

(h) A controller shall train authorized users in data security practices and identify when the initial purpose for the personal information collection has been met.

(i) A controller shall update training to provide current knowledge of security threats.

(4) Technical Data Security Practices - A controller shall maintain effective technical controls for personal data, including the use of encryption, audit controls that record and examine activity, time synchronization, and safeguards against unauthorized access or modification to personal data.

(5) Physical Data Security Practices - A controller shall limit and protect any storage of personal data on mobile electronic devices and passive storage media. Unencrypted storage of personal data on mobile electronic devices and passive storage media is prohibited.

History

Rulemaking Authority 501.72(5), F.S. Law Implemented 501.72(5), F.S. History - New 7-18-24.

Fla. Admin. Code R. 2-3.003 Florida Digital Bill of Rights – Enforcement

(1) Definitions – As used in this rule and Section 501.701, F.S.:

(a) The “department” means the Department of Legal Affairs.

(b) “Parent” means a legal guardian or an individual with legal custody over a child.

(c) “Reasonable age verification” means any commercially reasonable method regularly used by the government or businesses for the purpose of age and identity verification.

(d) “Reasonable parental verification” means any method that is reasonably calculated at determining that a person is a parent of a child that also verifies the age and identity of that parent by commercially reasonable means. Reasonable parental verification may include, but is not limited to, a controller:

requesting from a child the child’s parent’s name, address, phone number, and e-mail address;
contacting the name provided by the child and confirming that the parent is the child’s parent by obtaining documents or information sufficient to evidence that relationship; and
utilizing any commercially reasonable method regularly used by the government or business to verify that parent’s identity and age.

(2) Notice of Alleged Violation –

(a) Consumers and authorized persons who seek to exercise their rights pursuant to Section, 501.705, F.S., may file a complaint with the department. After receipt of a consumer complaint with the required information, the department shall provide written notice thereof to the controller named in the complaint. The required information for a complaint shall include:

The consumer’s name, address, telephone number, email address and any username or identity with the controller;
The authorized person’s name, address, telephone number, email address, and relationship with the consumer, if an authorized person is submitting a complaint on behalf of a consumer;
The controller’s name and website; and
A description of all actions the consumer or authorized person requested the controller to take in connection with the rights provided in Section 501.705.

(b) The written notice of violation shall include a copy of the complaint received by the department or a portion thereof, which may be redacted to comply with applicable laws protecting personal or confidential data of the consumer and the authorized person, if any.

(c) As provided in Section 501.72(2), F.S., the written notice of violation may inform the controller of whether the department is granting the controller a forty-five (45) day cure period, the date by which the cure is required, and the name and contact information of the person within the department to whom the controller shall provide proof of any curative measures it takes.

(d) In determining whether to grant a forty-five (45)-day period to cure, the department may consider the number and frequency of violations, the substantial likelihood of injury to the public, and the safety of persons or property. The department will not grant a forty-five (45)-day period to cure for alleged violations involving a child. Any action taken by the department against a controller for a violation of Section 501.701, F.S., shall not be limited to violations identified in the consumer’s complaint.

(3) Effect of Appeal – A consumer’s filing or submission of an appeal to a controller for refusal to take action on a request pursuant to Section 501.707, F.S., shall not be a condition precedent to the department’s initiation of an action against the controller for violation of Section 501.701, F.S.

(4) Willful Disregard –

(a) A controller willfully disregards a consumer’s age if it, based on the facts or circumstance readily available to the controller, should reasonably have been aroused to question whether a consumer was a child and thereafter failed to perform reasonable age verification.

(b) The department will not find a controller willfully disregarded a consumer’s age if that controller utilizes a reasonable age verification method with respect to all its consumers and that reasonable age verification method determined that the consumer was not a child unless the controller later obtained actual knowledge that the consumer was a child and failed to act.

(5) Determination of a Parent – In determining whether someone is a parent entitled to exercise rights under Section 501.705, F.S., or any other provision of part V of Chapter 501, for a known child, a controller shall conduct reasonable parental verification before allowing the exercise of any right.

History

Rulemaking Authority Section 501.72(5), F.S. Law Implemented 501.72(5), F.S. History - New 7-18-24.

Fla. Admin. Code R. 2-3.004 Florida Digital Bill of Rights – Standards for Authenticated Consumer Requests

(1) Authentication – Upon receipt of a request to exercise consumer’s rights pursuant to Section 501.705, F.S., and prior to taking any action thereon or providing any response thereto, a controller shall use a commercially reasonable method to authenticate the consumer. In the event a person submits a request on behalf of another consumer, the controller shall use a commercially reasonable method to authenticate the person and determine whether the requestor is an authorized person who is entitled to submit the request on the consumer’s behalf.

(a) To determine whether a method of authentication is commercially reasonable, the controller shall consider:

The rights the requestor is seeking to exercise;
The type, sensitivity, value and volume of personal data at issue;
The degree of possible harm that could be suffered by the consumer in the event of improper access, use or deletion of their personal data; and
The cost to the controller for completing the authentication method.

(b) A controller shall avoid requesting additional personal data from a consumer or authorized person for the purpose of authentication. If the controller cannot authenticate the consumer or the authorized person’s authority to act on the consumer's behalf, the controller may request additional information from the person submitting the request, which shall only be used for the purpose of completing the authentication. The controller shall immediately delete the newly obtained, additional data upon completion of the authentication process.

(c) A controller shall not require either a consumer, or an authorized person to pay a fee to either the controller, or any third party, for the purpose of authenticating either the person submitting the request, or their authority to submit the request.

(d) Authentication of Consumers Holding Password-Protected Accounts –

Where a consumer holds a password-protected account with the controller, the controller shall authenticate a consumer through the existing authentication method for the consumer’s account.
A controller shall not require a consumer to create a new password-protected account to facilitate any form of authentication.
A controller shall implement effective security measures to detect and prevent fraudulent authentication activity.
In the event the controller detects potentially fraudulent or malicious authentication activity by or from the password-protected account, the controller shall:

a. Notify the consumer of the activity as soon as practicable;

b. Attempt to authenticate the consumer using commercially reasonable means as described in Section 1(a)-(c); and

c. Refrain from complying with or responding to the request as described in Section 501.706, F.S., until and unless the consumer can be authenticated.

(e) Where a consumer elects to appeal the controller’s refusal to take action on a request pursuant to Section 501.707, F.S., and the appeal was requested by a person other than the person who submitted the original request, the controller shall authenticate the person requesting the appeal utilizing the same commercially reasonable authentication method established under Section 1(a)-(d).

History

Rulemaking Authority 501.72(5), F.S. Law Implemented 501.72(5), F.S. History - New 7-18-24.

Chapter 2-4 Nicotine Dispensing

Fla. Admin. Code R. 2-4.001 Nicotine Dispensing Device Directory

(1) Definitions. As used in this rule, the following terms are defined as follows:

(a) “Department” means the Department of Legal Affairs.

(b) “Directory” means a listing in which each nicotine dispensing device is identified on a webpage hosted on the Department’s website, at https://www.myfloridalegal.com, as described in Section 569.311, F.S.

(2) Notification.

(a) The Department will maintain a directory listing nicotine dispensing devices as defined in Section 569.31(4), F.S., that have been deemed attractive to minors pursuant to Section 569.311(3), F.S. The directory will be available at https://www.myfloridalegal.com/NDDDirectory.

(b) The Department will notify retailers, distributors, and wholesalers of the initial publication of the directory available at https://www.myfloridalegal.com/NDD prior to the publication of the directory.

(3) Administrative Review. Thirty (30) days prior to placement on the directory, the manufacturer or its appointed agent pursuant to Section 569.346, F.S., will be notified by U.S. Mail of the Department’s intention to place one or more nicotine dispensing devices on the directory. The recipient will be informed of its right for administrative review under Sections 120.569, F.S. and 120.57, F.S., and judicial review under Section 120.68, F.S.

History

Rulemaking Authority 569.311(2) FS. Law Implemented 569.311 FS. History–New 1-28-25.

Chapter 2-5 FLORIDA CRIME PREVENTION TRAINING INSTITUTE

Fla. Admin. Code R. 2-5.001 Purpose and Organization

History

Rulemaking Authority 16.54(2), 120.53(1) FS. Law Implemented 16.54(2), 120.53(1) FS. History–New 5-1-86, Amended 8-26-86, Repealed 6-25-96.

Fla. Admin. Code R. 2-5.002 Operation, Admission and Tuition for the Florida Crime Prevention Training Institute

(1) A tuition fee which covers the cost of conducting the program may be charged to persons who participate in the Florida Crime Prevention Training Institute’s programs. Tuition fees, in the aggregate, may not exceed the cost of the program.

(2) The Florida Crime Prevention Training Institute will publish, at least annually, a schedule of courses, tuition costs and registration procedures. Persons wishing to receive these publications should contact the Attorney General’s Office, PL-01, The Capitol, Tallahassee, FL 32399-1050.

(3) Employees of Florida law enforcement agencies have priority for admission to courses offered by the Institute.

(4) Participants who attend all classes and pass a course examination, when an examination is required, will receive a certificate of completion.

(5) To receive a specialized practitioner designation in a subject area, a participant must receive a certificate of completion for each course as required and offered through the Florida Crime Prevention Training Institute. The current training courses can be found on the Florida Crime Prevention Training Institute website.

(6) A participant’s training will be denied, and a designee’s designation will be revoked if the Florida Crime Prevention Training Institution is made aware a designee is convicted of a crime and receives verification from a government agency that the participant or designee is convicted, as defined in Section 775.083(1), F.S., of a felony or misdemeanor crime involving violence, the use or threat of violence, child, elderly and disabled abuse, fraud, stalking, theft, or the intent to steal.

(7) The Florida Crime Prevention Training Institution reserves the right to revoke a designation if a designee misuses the designation. Misuse is when a designee uses their designation from the Attorney General’s office to promote their personal business or to obtain customers or states or infers in any manner that the Attorney General’s office endorses the designee. (Examples of misuse are associating the Attorney General’s office with the designee’s business in advertisements, letterheads, business cards, promotional material, etc.).

History

Rulemaking Authority 16.54(2) FS. Law Implemented 16.54 FS. History–New 5-1-86, Amended 8-26-86, 2-8-88, 6-25-96, 2-9-22.

Fla. Admin. Code R. 2-5.003 Composition of Classes

History

Rulemaking Authority 16.54(2) FS. Law Implemented 16.54 FS. History–New 5-1-86, Amended 8-26-86, Repealed 6-25-96.

Fla. Admin. Code R. 2-5.004 Course Requirements

History

Rulemaking Authority 16.54(2) FS. Law Implemented 16.54 FS. History–New 5-1-86, Amended 8-26-86, 7-26-87, Repealed 6-25-96.

Fla. Admin. Code R. 2-5.005 Instructor Qualifications

History

Rulemaking Authority 16.54(2) FS. Law Implemented 16.54 FS. History–New 5-1-86, Amended 8-26-86, Repealed 6-25-96.

Fla. Admin. Code R. 2-5.006 Instructor Fees

History

Rulemaking Authority 16.54(2) FS. Law Implemented 16.54 FS. History–New 5-1-86, Repealed 8-26-86.

Fla. Admin. Code R. 2-5.007 Lodging and Transportation

History

Rulemaking Authority 16.54(2) FS. Law Implemented 16.54 FS. History–New 5-1-86, Amended 8-26-86, Repealed 2-11-96.

Fla. Admin. Code R. 2-5.010 Purpose

History

Rulemaking Authority 120.53 FS. Law Implemented 120.53, 893.035, 893.0355 FS. History–New 5-25-86, Repealed 2-11-96.

Fla. Admin. Code R. 2-5.011 Administration

History

Rulemaking Authority 120.53 FS. Law Implemented 120.53, 893.035, 893.0355 FS. History–New 5-25-86, Repealed 2-11-96.

Fla. Admin. Code R. 2-5.012 Public Information

History

Rulemaking Authority 120.53 FS. Law Implemented 120.53, 893.035, 893.0355 FS. History–New 5-25-86, Repealed 2-11-96.

Fla. Admin. Code R. 2-5.013 Initiation of Proceedings and Appearances by Private Parties

History

Rulemaking Authority 120.53 FS. Law Implemented 120.53, 893.035, 893.0355 FS. History–New 5-25-86, Repealed 2-11-96.

Chapter 2-6 ADMINISTRATION OF CLAIMS ARISING UNDER SECTION 402.181, FLORIDA STATUTES

Fla. Admin. Code R. 2-6.001 Definitions and Constructions

History

Rulemaking Authority 402.181(2) FS. Law Implemented 402.181 FS. History–New 10-13-73, Amended 6-14-80, Formerly 2-6.01, Repealed 7-30-95.

Fla. Admin. Code R. 2-6.002 Filing of Claims

History

Rulemaking Authority 402.181(2) FS. Law Implemented 402.181 FS. History–New 10-13-73, Amended 6-16-80, Formerly 2-6.02, Repealed 7-30-95.

Fla. Admin. Code R. 2-6.003 Claims

History

Rulemaking Authority 402.181(2) FS. Law Implemented 402.181 FS. History–New 10-13-73, Amended 6-16-80, 12-11-80, 3-11-82, Formerly 2-6.03, Amended 1-8-96, 6-19-96, 7-8-13, Repealed 9-20-21.

Fla. Admin. Code R. 2-6.004 Statements of Witnesses

History

Rulemaking Authority 402.181(2) FS. Law Implemented 402.181 FS. History–New 10-13-73, Amended 6-16-80, 12-11-80, Formerly 2-6.04, Repealed 1-8-96.

Fla. Admin. Code R. 2-6.005 Statement of Chief Administrative Officer

History

Rulemaking Authority 402.181(2) FS. Law Implemented 402.181 FS. History–New 10-13-73, Amended 6-16-80, 12-11-80, Formerly 2-6.05, Repealed 1-8-96.

Fla. Admin. Code R. 2-6.006 Authority of the Department of Legal Affairs

History

Rulemaking Authority 402.181(2) FS. Law Implemented 402.181 FS. History–New 10-13-73, Amended 6-16-80, Formerly 2-6.06, Repealed 7-30-95.

Fla. Admin. Code R. 2-6.007 Review of Claims Submitted in Written Form Only

History

Rulemaking Authority 20.05(5), 402.181 FS. Law Implemented 402.181 FS. History–New 10-13-73, Amended 6-14-80, Formerly 2-6.07, Repealed 12-11-80.

Chapter 2-18 CONTRACTS FOR FUTURE CONSUMER SERVICES

Fla. Admin. Code R. 2-18.001 Definitions

PART I GENERAL

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.01, Repealed 6-19-96.

Fla. Admin. Code R. 2-18.002 Disclosure and Cancellation

(1) As used herein, a “contract for future consumer services” is any contract which includes a provision for consumer services to be rendered in the future on a continuing basis.

(2) It shall be an unfair or deceptive act or practice for the seller of future consumer services to fail to furnish the buyer with a fully completed copy of any contract pertaining to such sale at the time of its execution, and which shows the date of the transaction and contains the name and address of the seller, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used, and in bold-face type of a size of 10 points the following statements:

Consumer’s Right Of Cancellation

You may cancel this contract without any penalty or obligation within 3 business days from the above date, and receive a full refund of all payments made to the seller.

You may also cancel this contract if upon a doctor’s order you cannot physically receive the services, or you may cancel the contract if the services cease to be offered as stated in the contract. If you cancel the contract for either of these reasons, the seller, (Name of Seller), may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to the seller of any related goods which you have consumed or retained.

Nothing required in this disclosure shall prohibit the use of a notice, in lieu of the above notice, which advises the consumer of a broader right of cancellation.

(3) The contract forms or promissory notes used by the seller of the future consumer services shall also disclose the following warning to potential assignees in capital letters in 10 point bold-face type:

This contract or note is the future consumer services and puts all assignees on notice of the consumer’s right to cancel under Chapter 2-18, F.A.C.

(4) It shall be an unfair or deceptive act or practice for a seller of future consumer services or his assignees to fail or refuse to honor a buyer’s request to cancel a contract, which request is made in accordance with the cancellation disclosure contained in the contract for future consumer services.

(5) It shall be an unfair or deceptive act or practice for a seller of future consumer services to fail to issue a refund within 20 days after receipt of notice of cancellation made in accordance with the terms of the cancellation disclosure contained in the contract for future consumer services.

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.02, Amended 6-19-96.

Fla. Admin. Code R. 2-18.003 Cancellation; Refund After Cancellation; Misrepresentation of Right of Cancellation

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.03, Amended 2-11-96, Repealed 6-19-96.

Fla. Admin. Code R. 2-18.004 Refund After Cancellation

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.04, Repealed 2-11-96.

Fla. Admin. Code R. 2-18.005 Misrepresentation of Right of Cancellation

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.05, Repealed 2-11-96.

Fla. Admin. Code R. 2-18.006 Rights of Contract or Note Holders or Assignees

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.06, Repealed 6-19-96.

Fla. Admin. Code R. 2-18.007 Establishment of an Escrow Account

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.07, Repealed 6-19-96.

Fla. Admin. Code R. 2-18.008 Future Consumer Services, Misrepresentation of Facilities, Services, Qualifications of Instructors, and Status

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.08, Repealed 6-19-96.

Fla. Admin. Code R. 2-18.009 Future Consumer Services, Deceptive Sales Practices

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.09, Repealed 6-19-96.

Fla. Admin. Code R. 2-18.010 Contract Provisions

PART II PRIVATE SCHOOLS

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.10, Repealed 6-19-96.

Fla. Admin. Code R. 2-18.011 Private Schools, Deceptive Trade or Business Names

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.11, Repealed 6-19-96.

Fla. Admin. Code R. 2-18.012 Private Schools, Misrepresentation of Extent or Nature of Accreditation or Approval

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.12, Repealed 6-19-96.

Fla. Admin. Code R. 2-18.014 Deceptive Use of Diplomas, Degrees, or Certificates

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.14, Repealed 6-19-96.

Fla. Admin. Code R. 2-18.015 Private Schools, Affirmative Disclosures Prior to Enrollment

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.15, Repealed 6-19-96.

Fla. Admin. Code R. 2-18.013 Private Schools, Misrepresentation of Enrollment Qualifications or Limitations

History

Rulemaking Authority 501.205 FS. Law Implemented 501.204 FS. History–New 2-1-74, Formerly 2-18.13, Repealed 6-19-96.

Chapter 2-30 FLORIDA LEMON LAW

Fla. Admin. Code R. 2-30.001 Written Statement Explaining Consumer Rights Under Chapter 681, Florida Statutes; Hearings Before Florida New Motor Vehicle Arbitration Board

(1) The following documents are incorporated into these rules by reference and can each be obtained by visiting the applicable web address shown below, where available, or by contacting the address shown in subsection (4):

(a) The form entitled “Manufacturer’s Answer,” DLA/LL-006 (rev. 2/06), effective 2-1-06.

(b) The forms entitled “Consumer’s Prehearing Information Sheet DLA/LL-007, (rev. 02/2023), effective 2-1-2023, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14995 and Manufacturer’s Prehearing Information Sheet,” DLA/LL-007a (rev. 02/2023), effective 2-1-2023, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14996.

(c) The publication entitled “Hearings Before the Florida New Motor Vehicle Arbitration Board,” DLA/LL-010 (rev. 2/06), effective 2-1-06, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14885.

(d) The publication entitled “Consumer Guide to the Florida Lemon Law,” DLA/LL-011 (rev. 02/2023), effective 2-1-2023, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14997.

(e) The form entitled “Request for Arbitration,” DLA/LL-005 (rev. 2/06), effective 2-1-06, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14881.

(2) For purposes of this rule chapter and the application of Chapter 681, F.S., the following definitions shall apply:

(a) Condition – A general problem (e.g., vehicle fails to start, vehicle runs hot, etc.) that may be attributable to a defect in more than one part.

(b) Repair attempt – The replacement of a component, or some adjustment made, to correct a nonconformity. An examination of a reported nonconformity, without a subsequent adjustment or component replacement, may constitute a repair attempt if it is later shown that repair work was justified. Examination or repair performed by anyone other than the manufacturer or its authorized service agent will not be considered a repair attempt.

(c) Out-of-service day – Any day, including weekends and holidays, when the motor vehicle is left at an authorized service agent or manufacturer’s designated repair facility for an examination or repair of one or more nonconformities. The number of out-of-service days for each visit commences the day the vehicle is brought into the repair facility for that repair work and ends the day the work is completed. If the vehicle is left at an authorized service agent for the performance of routine maintenance, repairs of minor defects, or repairs of defects first reported after the expiration of the Lemon Law Rights period, such days will not be considered out-of-service days.

(d) Gross vehicle weight – means the net, curb or actual weight of the truck, plus the weight of the load normally carried in it, including normal occupant(s), fuel and cargo.

(e) To calculate the reasonable offset for use defined in Section 681.102(19), F.S., “miles attributable to a consumer” shall not include the following:

Miles driven by the manufacturer or its authorized service agent during the course of an examination or repair of the nonconformity or nonconformities;
Reasonable miles driven by a consumer, or miles driven by a manufacturer or authorized service agent, to and from a manufacturer’s authorized service agent or designated repair facility for examination or repair of a nonconformity;
A pre-mediation or pre-arbitration test drive or inspection conducted by a manufacturer, its authorized service agent or an independent inspector appointed by a procedure;
Miles driven to an arbitration hearing or mediation conference conducted by a procedure, program or the board;
A test drive or inspection during a mediation conference or an arbitration hearing by or at the direction of a mediator or arbitrator of a procedure, program or the board.

(3) When a manufacturer responds to the written notification of a final repair opportunity set forth in Section 681.104(1)(a), F.S., the consumer must receive such response within 10 days from the date the manufacturer received the written notification from the consumer.

(4) Each manufacturer of motor vehicles sold in Florida must provide in writing the name, address, telephone number and facsimile number of the person designated to receive notices on behalf of the manufacturer under Chapter 681, F.S. An email address may be included. (Note: Dealers cannot be designated.) This written notice must be sent to the Office of the Attorney General, Lemon Law Arbitration Program, PL-01, The Capitol, Tallahassee, Florida 32399-1050. This information will be presumed correct unless it is updated in writing by the manufacturer. Failure to update the information will result in notices under Chapter 681, F.S. (the “Lemon Law”), being mailed to the manufacturer’s last known address.

History

Rulemaking Authority 681.103(3), 681.109(5), 681.109(8), 681.1097, 681.118 FS. Law Implemented 681.102, 681.103, 681.104, 681.109, 681.1095, 681.1097 FS. History–New 1-25-89, Amended 3-4-93, 6-25-96, 9-15-98, 2-1-06, 1-17-23.

Chapter 2-33 RESALE OF RETURNED MOTOR VEHICLES

Fla. Admin. Code R. 2-33.001 Scope and Purpose

History

Rulemaking Authority 681.114, 681.118 FS. Law Implemented 681.114 FS. History–New 6-14-89, Amended 1-25-93, Repealed 7-25-95.

Fla. Admin. Code R. 2-33.002 Manufacturer’s Report of Returned Motor Vehicle

(1) A manufacturer who accepts the return of a motor vehicle pursuant to Section 681.114, F.S., shall notify and report the vehicle identification number of that motor vehicle to the Department of Legal Affairs on a form entitled “Resale Disclosure of Nonconformity,” (DLA/LL-009) (Rev. 3/98) effective 6-1-98, which is hereby incorporated by reference. The relevant parts of the form shall be completed, signed and mailed to the Department of Legal Affairs, Lemon Law Enforcement Unit, The Capitol, Tallahassee, FL 32399-1050, within the time required by section 681.114(1), F.S. Forms can be obtained by writing to the aforesaid address.

(2) If a manufacturer accepts a motor vehicle returned pursuant to a similar statute of another state and transfers said vehicle to a motor vehicle dealer, motor vehicle auction or motor vehicle broker in this state, the manufacturer shall, within 10 days of such transfer, report the transfer to the Department of Legal Affairs on the Resale Disclosure form in the manner prescribed in subsection (1), above.

History

Rulemaking Authority 681.114, 681.118 FS. Law Implemented 681.114 FS. History–New 6-14-89, Amended 1-25-93, 6-1-98.

Fla. Admin. Code R. 2-33.003 Resale of Returned Motor Vehicle

(1) A motor vehicle returned to the manufacturer pursuant to Chapter 681, F.S., or similar statute of any other state, shall not be subject to transfer, lease or sale, either at wholesale or retail, by any person having knowledge of such return, unless the following conditions are met:

(a) At the time of each transfer of such returned vehicle, the transferor shall ensure that the transferee receives the resale disclosure form referenced at section 2-33.002(1), F.S. For purposes of this rule chapter, a “transfer” is a change of ownership by purchase, gift or any other means, including assignment of authority to a motor vehicle dealer, motor vehicle auction or motor vehicle broker to sell or otherwise dispose of a motor vehicle.

(b) The resale disclosure form shall be signed by the motor vehicle seller or lessor, or their representatives, who sell or lease the returned vehicle to the ultimate consumer. The signature of the seller or lessor shall constitute agreement that disclosure of all information contained on the resale disclosure form will be made to the ultimate consumer prior to the sale or lease of the motor vehicle in the state where such transaction occurs. For purposes of this rule chapter, “ultimate consumer” means a person who purchases or leases a returned motor vehicle for purposes other than resale or sublease.

(c) Prior to sale or entry into a lease agreement for a returned motor vehicle, the completed resale disclosure form shall be provided to the ultimate consumer by the seller or lessor. The ultimate consumer shall be given the opportunity to read or have read the form in its entirety and shall acknowledge same by signing the form. The seller or lessor shall provide the ultimate consumer with a copy of the completed and signed resale disclosure form.

(d) Within 10 days after the date of sale or lease of the returned motor vehicle to the ultimate consumer, the seller or lessor shall mail a copy of the resale disclosure form containing all information reported pursuant to this rule chapter to the Department of Legal Affairs, Lemon Law Enforcement Unit, The Capitol, Tallahassee, Florida 32399-1050.

(2) For purposes of this rule chapter, “person” shall include individuals, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

History

Rulemaking Authority 681.114, 681.118 FS. Law Implemented 681.114 FS. History–New 6-14-89, Amended 1-25-93, 6-1-98.

Fla. Admin. Code R. 2-33.004 Alternative Forms; Approval

(1) The Department of Legal Affairs shall authorize the use of other disclosure forms by a manufacturer to comply with this rule chapter, provided the following conditions are met:

(a) The manufacturer shall submit any proposed alternative form for which authorization is sought, or a copy thereof, to: The Department of Legal Affairs, Lemon Law Enforcement Unit, The Capitol, Tallahassee, Florida 32399-1050. Such forms already in use by a manufacturer shall be submitted within 10 days after the effective date of this rule chapter. Such forms which may be developed by a manufacturer in the future shall be submitted prior to their use by the manufacturer.

(b) The proposed alternative form must contain substantially the same information as the Resale Disclosure of Nonconformity form referenced in section 2-33.002, F.S., and the manufacturer shall provide for distribution of the proposed alternative form to the Department of Legal Affairs and to the ultimate consumer in the same manner and within the same time limits as are set forth at sections 2-33.002 and 2-33.003, F.S., of this chapter.

(c) The manufacturer shall set forth in the proposed alternative form, or in a separate document to accompany said form, in clear and conspicuous language, the warranty provided in section 681.114, F.S. If the warranty is to be conveyed by a separate document, such document shall be furnished to the Department of Legal Affairs with the proposed alternative form.

(2) Upon receipt of the proposed alternative form and any accompanying documents, the Department of Legal Affairs shall review same and notify the manufacturer in writing as to whether the proposed alternative form is approved or disapproved. If disapproved, the reasons for disapproval shall be stated and the manufacturer will be permitted to submit a corrected alternative form for reconsideration. If disapproved after reconsideration, the manufacturer shall use the form referenced in section 2-33.002, F.S., of this chapter.

(3) If the Department of Legal Affairs determines that the alternative form approved for use by the manufacturer no longer meets the requirements of this rule chapter or section 681.114, F.S., the manufacturer shall be so notified in writing and will discontinue use of such alternative form until such time as the Department of Legal Affairs determines that the form and its distribution again comply with the provisions of this rule chapter and section 681.114, F.S.

History

Rulemaking Authority 681.114, 681.118 FS. Law Implemented 681.114 FS. History–New 6-14-89, Amended 1-25-93.

Chapter 2-36 MOTOR VEHICLE THEFT PREVENTION AUTHORITY

Fla. Admin. Code R. 2-36.009 Grant Application Procedure

History

Rulemaking Authority 860.157(6) FS. Law Implemented 860.157, 860.158 FS. History–New 5-3-93, Amended 8-28-95, 6-25-96, Repealed by Section 1, Chapter 2012-103, Laws of Florida, 7-1-12.

Chapter 2-37 PRIVATE ATTORNEY SERVICES

Fla. Admin. Code R. 2-37.010 Private Attorney Services

(1) The following forms shall be used by agencies when requesting approval to contract for private attorney services pursuant to Section 287.059, F.S:

(a) The Department of Legal Affairs adopts a form to be completed by agencies who wish to obtain approval to contract for private attorney services. Form OAG-001 (Revised 7/2025), entitled “Request for Attorney General Private Attorney Services,” is hereby incorporated by reference and available from http://www.flrules.org/Gateway/reference.asp?No=Ref-18507 or at the “Other Resources” link at http://www.myfloridalegal.com/aglink.

(b) All contracts for private attorney services shall contain a completed addendum entitled “Office of the Attorney General Attachment A for Private Attorney Services,” Form OAG-002, (5/20), which is hereby incorporated by reference and available from http://www.flrules.org/Gateway/reference.asp?No=Ref-12206 or at the “Other Resources” link at http://www.myfloridalegal.com/aglink.

(2) The standard fee schedule to be utilized by agencies is as follows:

(a) Specialized attorney services are limited to admiralty, copyright, patent, trademark, international communications, media, bond and securities law, (including litigation and other services normally performed by such counsel) and may be billed up to $250.00 per billable hour.

(b) All other attorney services may be billed up to $200.00 per billable hour.

(c) All paralegal, legal assistant, law clerk and research assistant services may be billed up to $40.00 per billable hour.

(d) The term “billable hour” means the actual time spent providing attorney services to the agency measured in 6 to 10 minute intervals. Costs for such items as exhibits, transcripts, and witness fees are not considered a part of the billable hour. They will be reimbursed based upon documented third party vendor charges to the contract attorney, provided prior authorization is given by the agency. Expenses incurred for travel shall be limited to terms and rates established in Section 112.061, F.S. Office overhead shall include routine office expenses such as local phone calls, routine postage, copy work, local travel expenses, printed library materials and courier, word processing, clerical or secretarial services, and shall be included in the billable hour and not separately compensated. Non-routine office overhead shall include expenses such as long distance phone calls, facsimile transmissions, bulk mailings, bulk third party copying and computer-assisted legal research services and will be reimbursed based upon documented third party vendor charges provided they are justified to the agency. There shall be no payment for firm surcharges added to third party vendor charges. Exceptional non-routine office overhead expenses must be defined on a case-by-case basis in the contractual agreement and must be approved by the agency before being incurred.

(e) Alternate billing methodologies, such as value billing, i.e., flat fee for services or fee by deliverable; contingency fee or billing on the basis of a percentage of the amount involved may be used in lieu of hourly rates when it is deemed the most cost-effective or appropriate billing methodology.

Contingency fees may be negotiated not to exceed 35 percent through trial and not to exceed 40 percent through appeal, where attorney services involve litigation, except collections litigation shall not exceed 30 percent.
Where contingency fees involve non-litigation attorney services, the fee shall not exceed the rate in the market in which the attorney service is being provided.
Flat fees and other billing methodologies shall not exceed the rate in the market in which the attorney service is being provided.
The term “rate in the market” as used in subparagraphs (2)(e)2. and 3., means the geographic location and the legal specialization in which the attorney service is being provided.

(f) At the beginning of each professional relationship with an agency, a contract attorney or firm shall provide a schedule of current billing rates for partners and associates.

(3) Standard Fee Schedule Exceptions. Agencies wishing to exceed the standard fee schedule for attorney services set forth in subsection (2), must demonstrate necessity and obtain prior approval by completing and submitting Form OAG-003 (5/20), entitled “Statement of Waiver,” which is hereby incorporated by reference and available from http://www.flrules.org/Gateway/reference.asp?No=Ref-12207 or at the “Other Resources” link at http://www.myfloridalegal.com/aglink. to the Department of Legal Affairs. The Statement of Waiver must provide a detailed analysis justifying the need to exceed the standard fee schedule that addresses one or more of the following criteria:

(a) The inability of the agency to obtain adequate legal representation within the confines of the standard fee schedule. In such instances the agency must set forth in detail the efforts at procurement which the agency engaged in prior to determining that the standard fee schedule would not provide adequate attorney services.

(b) The agency is unable to obtain attorney services with the special expertise necessary to perform the particular legal function which the agency requires within the fee schedule. In such instances the agency must set forth in detail the reasons why special expertise is necessary, the analysis which led it to that conclusion, and why the agency was unable to find such expertise at a price within the standard fee schedule.

(c) The waiver is necessary in order to provide attorney services as a result of an emergency, an immediate danger to the public health, safety and welfare, or an opportunity for the state to preserve or enhance fiscal resources and that failure to contract immediately for attorney services in excess of the standard fee schedule will work to the detriment of the state. In such instances the agency must set forth in detail the emergency, danger or opportunity in question, efforts made at procuring attorney services within the standard fee schedule, the reasons why such efforts failed, or a justification why the emergency, danger or opportunity in question requires immediate contracting for attorney services in excess of the standard fee schedule.

(4) Failure to comply with any of the provisions of Section 287.059, F.S. or this rule shall constitute grounds for denial of an agency’s request to contract for private attorney services.

History

Rulemaking Authority 287.059 FS. Law Implemented 287.059 FS. History–New 10-7-90, Formerly 2-1.013, Amended 7-12-93, 10-29-97, 5-18-00, 6-5-01, 12-17-01, 7-11-06, 10-21-20, 10-9-25.

Fla. Admin. Code R. 2-37.020 Standard Fees for Private Attorney Services – Purpose

History

Rulemaking Authority 287.059 FS. Law Implemented 287.059 FS. History–New 6-25-91, Formerly 2-1.014, Amended 7-12-93, Repealed 10-21-20.

Fla. Admin. Code R. 2-37.030 Standard Fee Schedule

History

Rulemaking Authority 287.059(6) FS. Law Implemented 287.059(6) FS. History–New 6-25-91, Formerly 2-1.0141, Amended 7-12-93, 9-10-95, 10-29-97, 5-12-08, Repealed 10-21-20.

Fla. Admin. Code R. 2-37.040 Standard Fee Schedule Exceptions – Procedure

History

Rulemaking Authority 287.059 FS. Law Implemented 287.059 FS. History–New 6-25-91, Formerly 2-1.0142, Amended 7-12-93, Repealed 10-21-20.

Chapter 2-40 SCHEDULING AND RESCHEDULING OF CONTROLLED SUBSTANCES

Fla. Admin. Code R. 2-40.0001 Scheduling AND Rescheduling of Controlled Substances

History

Rulemaking Authority 120.53, 893.0355 FS. Law Implemented 120.53, 893.035, 893.0355 FS. History–New 2-11-96, Repealed 6-19-96.

Fla. Admin. Code R. 2-40.001 Levo-Alpha-Acetyl-Methadol (LAAM) Rescheduled as a Schedule II Controlled Substance

History

Rulemaking Authority 893.0355(2) FS. Law Implemented 893.0355(2) (3), (4), (5), (6) FS. History–New 11-28-94, Repealed 10-8-97.

Fla. Admin. Code R. 2-40.002 Transfer of Flunitrazepan to Schedule I, Section 893.03(1)(a), F.S

History

Rulemaking Authority 893.035 FS. Law Implemented 893.035 FS. History–New 7-29-96, Repealed 10-9-97.

Fla. Admin. Code R. 2-40.003 Addition of Ketamine to Schedule III, Section 893.03(3), F.S

History

Rulemaking Authority 893.035 FS. Law Implemented 893.035 FS. History–New 2-2-98, Repealed 11-9-99.

Fla. Admin. Code R. 2-40.004 Addition of Gamma-hydroxybutyric Acid (GHB to Schedule II, Section 893.03(2)(a), F.S

History

Rulemaking Authority 893.035 FS. Law Implemented 893.035 FS. History–New 2-11-99, Repealed 11-9-99.

Fla. Admin. Code R. 2-40.005 Rescheduling Specified Drug Products Containing Hydrocodone as Schedule III Substances

History

Rulemaking Authority 893.0355(2) FS. Law Implemented 893.0355 FS. History–New 11-19-00, Repealed 1-2-08.

Fla. Admin. Code R. 2-40.006 Addition of Alphamethyltryptamine (AMT) to Schedule I, Section 893.03(1), F.S

History

Rulemaking Authority 893.035 FS. Law Implemented 893.035 FS. History–New 1-12-03, Repealed 2-2-12.

Fla. Admin. Code R. 2-40.007 Rescheduling of a Drug Product in Finished Dosage Formulation That Has Been Approved by the U.S. Food and Drug Administration That Contains Cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3- benzenediol) Derived from Cannabis and No More Than 0.1 Percent (w/w) Residual Tetrahydrocannabinols

Under the authority of Section 893.0355, F.S., a drug product in finished dosage formulation that has been approved by the U.S. Food and Drug Administration that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from cannabis and no more than 0.1 percent (w/w) residual Tetrahydrocannabinols, is hereby rescheduled from a Schedule I to a Schedule V controlled substance.

History

Rulemaking Authority 893.0355 FS. Law Implemented 893.0355 FS. History–New 2-7-19.

Fla. Admin. Code R. 2-40.008 Rescheduling of Drug Product Under Section 893.0355

Xylazine - N-(2,6-dimethylphenyl)-5,6-dihydro-4H-1,3-thiazin-2-amine, except for xylazine as an animal drug product approved by the United States Food and Drug Administration, the use of which conforms to approved veterinary applications. The manufacture, importation, distribution, prescribing or sale of xylazine for human use is not subject to this exception.

History

Rulemaking Authority 893.0355 FS. Law Implemented 893.0355 FS. History–New 11-23-25.

Chapter 2-41 RV MEDIATION AND ARBITRATION PROGRAM

Fla. Admin. Code R. 2-41.001 RV Mediation and Arbitration Program; Qualification, Reporting, Disqualification, Manufacturer Conduct

For the purpose of implementation and application of sections 681.1096 and 681.1097, F.S., the following shall apply:

(1) An informal dispute resolution program seeking to become qualified under section 681.1096, F.S., and if qualified, to retain such qualification, shall, at a minimum, provide or demonstrate to the department the following:

(a) At least one established office, located in the state of Florida, where a full-time program administrator and other support staff as may be necessary to carry out all program functions shall be situated, and the records of the program shall be maintained and be available to the department for review upon request.

(b) The program must be reachable by toll-free telephone number, and must provide a mailing address and facsimile number for the receipt of all claims and correspondence. The program may also offer a website and an email address as additional modes of communication.

(c) A copy of the proposed or executed contract between the program and sponsoring manufacturer(s) evidencing the means by which the program will be funded.

(d) The program shall develop and provide to the department for review all forms, publications, filing systems and databases it intends to utilize to carry out its eligibility screening, administrative/recordkeeping, mediation and arbitration functions under sections 681.1096 and 681.1097, F.S. Program forms should be clear, understandable and designed to obtain or communicate all information necessary to a full and fair consideration of the dispute.

(e) The program shall publish its rules and procedures and shall provide such publication to consumers and manufacturers participating in the program each time a consumer claim is determined to be eligible. Such publication should be written in a manner that explains the program’s procedures in plain language so as to assist all parties in understanding and following the procedures. The publication may be made available to the general public upon request, or may be posted on a program website.

(f) The program shall insure that the program administrator and staff have access to independent legal advice.

(g) Program employees and the independent legal advisor cannot be employed by or be a contractor for any manufacturer or its subsidiary, distributor, authorized service agent or trade association, except as provided by applicable statute.

(h) A list of all program mediators and arbitrators, including verification by the program that each meets the certification and training requirements of section 681.1096, F.S., and the date each commenced service in the program. An updated list shall be provided by the program each time a mediator or arbitrator is discontinued from or added to the program.

(i) The program shall provide to all participating mediators and arbitrators copies of the following:

The rules and procedures of the program;
Chapter 681, F.S. (2005) and rules promulgated thereunder by the department, and as amended;
The Model Standards of Conduct for Mediators issued by the American Arbitration Association, the Dispute Resolution Section of the American Bar Association and the Association for Conflict Resolution, formerly known as the Society of Professionals in Dispute Resolution;
The Code of Ethics for Arbitrators in Commercial Disputes published by the American Arbitration Association and the American Bar Association in 1977 and as amended.

(j) The program shall supply the department with advance notice of the dates and locations of any scheduled trainings, along with a copy of the training program and materials and a list of all attending mediators and arbitrators.

(k) The program shall provide to the department its plan for monitoring the performance of the mediators and arbitrators as required by section 681.1096(3)(j), F.S.

(l) The program shall maintain a record of locations throughout the state for the holding of mediation conferences and arbitration hearings in locations reasonably convenient for consumers. The program shall insure that the arbitration hearings are conducted in locations that are normally open and accessible to the public. Mediation conferences and arbitration hearings shall not be conducted at dealerships or other locations under the direct or indirect control of the manufacturers or their authorized service agents. A consumer shall not be required to travel more than 120 miles from a point of origin within this state to attend a mediation conference or an arbitration hearing. If the consumer is a resident of this state, the point of origin shall be the consumer’s Florida residence. If the consumer is not a resident of this state, the point of origin shall be the city in Florida where the recreation vehicle was purchased.

(m) The program shall provide or demonstrate to the department its plan or procedure for complying with the document gathering and dissemination requirements set forth in section 681.1096(3)(k), F.S.

(2) In addition to the information specified in this rule chapter, the program shall report the following to the department at the intervals specified:

(a) On a weekly basis a schedule of all mediation conferences and arbitration hearings, including identification of the claims scheduled, the date each claim was filed, the dates, times and locations of the mediations and arbitrations and identification of the assigned mediators and arbitrators.

(b) On a weekly basis, the following information regarding settlements and decision awards where one or more manufacturers have agreed or been directed to reacquire a recreation vehicle:

The claim number and caption or style of the claim;
The date the claim was filed with the program;
The name(s) of the consumer(s);
The name(s) of the manufacturer(s) which agreed to, or were determined liable to reacquire the vehicle;
The year, make, model and vehicle identification number (VIN) of the vehicle to be reacquired;
The date of compliance with the settlement or decision award.

(d) On a quarterly basis, by no later than the last day of the month following the end of each quarter, a report containing, at a minimum, the following information for each claim filed with the program:

The date of filing;
The name(s) of the consumer(s);
The name(s) of each involved manufacturer;
Whether the claim was determined eligible, and if rejected, the reason for rejection;
Whether the consumer(s) was represented by an attorney;
Whether the manufacturer(s) was represented by an attorney, and if multiple manufacturers, which manufacturers were so represented;
The date of the mediation conference, if applicable, and the name of the assigned mediator;
The date of the arbitration hearing, if applicable, and the name of the assigned arbitrator;
How the claim was resolved:

a. Voluntarily withdrawn by the consumer prior to any resolution, and the reason(s) for withdrawal;

b. Settled prior to, during or after mediation (but before arbitration), the type of settlement and with which manufacturer(s);

c. Impasse at mediation and involving which manufacturer(s);

d. Resolved via an arbitration decision, the nature of the decision and any relief awarded, if applicable, as to each involved manufacturer;

e. Settled after arbitration, the type of settlement and with which manufacturer(s).

Whether the claim was appealed, the party or parties filing the appeal, the date the program was notified of the appeal;
The date of settlement or decision compliance by the manufacturer(s);
Whether the consumer was required to seek enforcement of a settlement or confirmation of a decision award in court, and the outcome of any such court proceeding, if known.

(e) On an annual basis (calendar year), by no later than January 30 of the year following the year for which the report is issued, the following information for each participating manufacturer:

Number of claims filed;
Number of claims determined eligible;
Number of claims rejected as ineligible for mediation or arbitration;
Number of claims voluntarily withdrawn by consumers without resolution;
Number of claims in which the manufacturer agreed to expand the scope of mediation;
Number of claims in which the manufacturer agreed to expand the scope of arbitration;
Number of claims resolved via settlement and types of settlement (e.g., component repair/replacement; cash reimbursement without repurchase; extended warranty; full refund (vehicle repurchased); replacement vehicle; any combination of the foregoing):

a. Before mediation;

b. During mediation;

c. After mediation, but before arbitration;

d. After arbitration;

Number of claims submitted to arbitration:

a. As a result of mediation impasse;

b. As a result of failure to comply with settlement;

Number of claims dismissed by arbitration decision;
Number of arbitration awards and types of awards;
Number of arbitration awards for which court confirmation was filed by consumers;
Number of claims appealed to the circuit court.

(f) The weekly reports specified in paragraphs (a) and (b), can be combined into a single report. The program may use computer or electronic technology to transmit or make accessible to the department the information required to be reported by statute and this rule.

(3) The department will revoke the qualification of a program as to one or more participating manufacturers for any one of the following:

(a) Failure to adequately fund the program as demonstrated by:

Failure to pay the costs charged by the program in accordance with the contract or agreement entered into between the program and the sponsoring manufacturer(s). The program administrator shall notify the department of a manufacturer’s failure or refusal to make payment.
A history of failure to pay the costs charged by the program within the time for payment specified by the program. The program administrator shall notify the department of a manufacturer’s failure to make timely payment(s).

(b) Any attempt by a manufacturer, either directly, or indirectly, to exert undue influence or pressure upon the program administrator or staff in the performance of their duties, including interference in the eligibility screening process, the determination of hearing locations, the initial assignment of mediators and arbitrators, except as provided by statute, this rule or the procedural rules of the program.

(d) Any attempt to condition consent to expand the scope of a mediation conference or an arbitration hearing upon the limitation or waiver of rights a consumer may have under a manufacturer warranty, chapter 681, F.S., or any other law.

(e) Two or more instances of failure to be represented at mediation conferences by persons with settlement authority as required by section 681.1097(4), F.S. For purposes of the application of section 681.1097(4), F.S., and this rule, “settlement authority” means the manufacturer shall send a representative with full and binding authority to enter into a full and complete compromise and settlement without further consultation.

(f) Failure, without good cause, to appear at mediation conferences or arbitration hearings scheduled by the program.

(g) Failure to timely comply with settlement agreements.

(h) Failure to timely comply with arbitration awards.

(i) Any other conduct evidencing willful disregard of the statute, the department's rules or the rules and procedures of the program.

(4) Determinations of statutory coverage remain within the purview of the arbitrator, and failure or unwillingness of a party to consent to the mediation or arbitration of any particular alleged defect shall not preclude such determinations.

(5) The program shall provide the form by which the parties may agree to expand the scope of arbitration pursuant to section 681.1097(5)(c), F.S. A copy of the completed consent form shall be provided to each party and to the assigned arbitrator before the arbitration hearing. Such form shall, at a minimum, obtain the following information:

(a) The name(s) of the participating consumer(s);

(b) The name(s) of the participating manufacturer(s) and the term of each manufacturer’s express warranty applicable to the subject recreation vehicle;

(d) A general description by the consumer(s) of all alleged defects consented to be the subject of the arbitration, and the date each alleged defect was first reported to the manufacturer or its authorized service agent;

(e) A statement or acknowledgment by each manufacturer setting forth whether it consents to arbitration of all alleged defects described by the consumer, or if not all, specifying the alleged defects to which the manufacturer’s consent applies.

History

Rulemaking Authority 681.1096, 681.1097, 681.118 FS. Law Implemented 681.1096, 681.1097 FS. History–New 5-29-06.

Chapter 2-42 PRIVATE EMPLOYER VACCINATION MANDATE COMPLAINTS

Fla. Admin. Code R. 2-42.001 Private Employer Vaccination Mandate Complaints

(1) Definitions – As used in this rule and Section 381.00317, F.S.:

(a) The “department” means the Department of Legal Affairs.

(b) “Employee” means any person who receives remuneration from a private employer for the performance of any work or service occurring within this state while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral, or written, whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and minors. The definition of “employee” does not include someone who is an independent contractor, a volunteer, or someone who serves in a private nonprofit agency without compensation other than expenses.

(c) The term “independent contractor” as used in paragraph (1)(b) of this rule means any person within this state who either:

Meets four or more of the following:

a. Maintains a separate business with his or her own work facility, truck, equipment, materials, or similar accommodations apart from the private employer;

b. Holds or has applied for a federal employer identification number;

c. Receives compensation for services rendered or work performed and such compensation is paid to a business, other than the private employer, rather than to an individual;

d. Holds one or more bank accounts in the name of a business entity, other than the private employer for purposes of paying business expenses or other expenses related to services rendered or work performed for compensation;

e. Performs work or is able to perform work for any entity in addition to or besides the private employer at his or her own election without the necessity of completing an employment application or process; or

f. Receives compensation for work or services rendered on a competitive-bid basis or completion of a task or a set of tasks as defined by a contractual agreement, unless such contractual agreement expressly states that an employment relationship exists; or

Based on the nature of the situation satisfies any of the following conditions:

a. The person performs or agrees to perform specific services or work for a specific amount of money and controls the means of performing the services or work;

b. The person incurs the principal expenses related to the service or work that he or she performs or agrees to perform;

c. The person is responsible for the satisfactory completion of the work or services that he or she performs or agrees to perform;

d. The person receives compensation for work or services performed for a commission or on a per-job basis and not on any other basis;

e. The person may realize a profit or suffer a loss in connection with performing work or services;

f. The person has continuing or recurring business liabilities or obligations;

g. The success or failure of the person’s business depends on the relationship of business receipts to expenditures.

(d) “Private employer” means any person, sole proprietorship, partnership, limited partnership, limited liability partnership, limited liability company, corporation, or any similar legal entity who employs employees within this state. The definition of “private employer” includes the legal representative of a deceased person, the receiver or trustees of any person or business entity, employment agencies, employee leasing companies, and similar agents who provide employees to other persons. The definition of “private employer” does not include the United States, its agencies, the state or any political subdivision thereof, including the executive, legislative, and judicial branches of government, the independent establishments of the state, counties, municipalities, districts, authorities, boards, or commissions, any agencies that are subject to Chapter 286, F.S., educational institution as defined in Section 112.0441, F.S., or a corporation or legal entity created by act of the legislature or ordinance by a governmental entity.

(e) “Functional equivalent of termination” as used in Section 381.00317(4), F.S., shall be found when it is determined that (i) the employee resigned under duress; or (ii) the employer, through its actions, made working conditions so difficult or intolerable that a reasonable person in the employee’s position would feel compelled to resign.

(2) The department shall investigate a legally sufficient complaint alleging a violation of Section 381.00317, F.S., or any rule adopted thereunder. The complaint must be submitted on form VAX 1, titled “Private Employer Vaccination Mandate Complaint,” (12/21), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-14118 or http://myfloridalegal.com/vaxmandate/webform. A complete complaint may be submitted either electronically at http://myfloridalegal.com/vaxmandate/webform, a paper hard copy of the complaint form may be obtained at http://myfloridalegal.com/vaxmandate/paper and submitted via email to: vaxmandate@myfloridalegal.com, or a paper hard copy may be mailed to: The Department of Legal Affairs, Private Employer Vaccine Mandate Program, PL-01, The Capitol, Tallahassee, Florida 32399-1050.

(3) Complainants who submit an incomplete complaint shall be notified in writing and will have thirty (30) days from the date of the notice of incompleteness to submit to the Department the missing information or materials. Failure to timely provide the requested missing information or materials shall result in dismissal of the complaint.

(4) A complaint is legally sufficient if it contains all the information required by the complaint form and ultimate facts that demonstrate that a violation of Section 381.00317, F.S., or any rule adopted thereunder, has occurred. In order to determine legal sufficiency, the department may require supporting information or documentation. When an investigation of any subject is undertaken, the department shall promptly furnish to the subject a copy of the complaint that resulted in the initiation of the investigation. The subject may submit a written response to the information contained in such complaint or document within twenty (20) days after service to the subject of the complaint or document. The subject’s written response shall be considered by the department when determining if there is probable cause.

(5) When its investigation is complete and legally sufficient, the department shall prepare and submit to the Attorney General’s designee the department’s investigative report. The report shall contain the investigative findings and the recommendations of the department concerning the existence of probable cause. Upon review of the investigative findings and recommendations, the designee shall either find that there is probable cause that one or more violations of Section 381.00317, F.S., or any rule adopted thereunder, has occurred or that there is insufficient evidence to support a finding of probable cause and that the complaint should be dismissed. If probable cause is found, the department shall file a formal administrative complaint against the subject that complies with Rule 28-106.2015, F.A.C., and prosecute that complaint pursuant to Chapter 120, F.S., and Rule Chapter 28-106, F.A.C.

(6) An evidentiary hearing before an administrative law judge from the Division of Administrative Hearings shall be held pursuant to Section 120.57(1), F.S., if there are any disputed issues of material fact. The department shall have the burden to prove the allegations contained in the complaint by a preponderance of evidence. The administrative law judge shall issue a recommended order pursuant to Section 120.57(1), F.S., and the department shall determine and issue the final order in each case which shall constitute final agency action. The penalty set forth in the final order shall be imposed in accordance with Sections 381.00317(4)(a) and (b), F.S.

(7) The department may resolve a complaint pursuant to Section 120.57(4), F.S., and impose a penalty through informal disposition by consent order.

(8) The department shall periodically notify the person who filed the complaint of the status of the investigation, indicating whether probable cause has been found and the status of the administrative proceeding or appeal. When probable cause has been found, the department shall provide to the person who filed the complaint a copy of the administrative complaint and:

(a) A written explanation of how an administrative complaint is resolved by the adjudicative process.

(b) A written explanation of how and when the person may participate in the adjudicative process.

(9) When probable cause is not found, the department shall so inform the person who filed the complaint and notify that person that he or she may, within 30 days, provide any additional information to the department which may be relevant to the decision. To facilitate the provision of additional information, the person who filed the complaint may receive, upon request, a copy of the investigative report that supported the recommendation for closure. In any administrative proceeding under Section 120.57(1), F.S., the person who filed the complaint shall have the right to present oral or written communication relating to the alleged violations or to the appropriate penalty.

History

Rulemaking Authority 381.00317(6) FS. Law Implemented 381.00317(3), (4) FS. History–New 3-16-22.

Fla. Admin. Code R. 2-42.002 Discrimination Based on Health Care Choices

(1) Definitions – As used in this rule and Section 381.00316, F.S.:

(a) The “department” means the Department of Legal Affairs.

(b) “Discrimination” or to “discriminate” is the act of treating a person differently, wherein that treatment results in an action prohibited by Section 381.00316, F.S.

(c) “Subject” is the business entity or governmental entity that the complainant alleges to have discriminated against the complainant in a manner prohibited by Section 381.00316, F.S.

(2) The department shall investigate a legally sufficient complaint alleging a violation of Section 381.00316, F.S., or any rule adopted thereunder. The complaint must be submitted on form DBHC-001, Complaint Discrimination Based on Health Care Choices (06/23), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15786, or http://myfloridalegal.com/healthcarechoices. A complete complaint may be submitted either electronically at http://myfloridalegal.com/healthcarechoices/webform, a paper hard copy of the complaint form may be obtained at http://myfloridalegal.com/healthcarechoices, and submitted via email to: healthcarechoices@myfloridalegal.com, or a paper hard copy may be mailed to: The Department of Legal Affairs, Health Care Choices Program, PL-01, The Capitol, Tallahassee, Florida 32399-1050.

(4) A complaint is legally sufficient if it contains all the information required by the complaint form and ultimate facts that demonstrate that a violation of Section 381.00316, F.S., or any rule adopted thereunder, has occurred. In order to determine legal sufficiency, the department may require supporting information or documentation. The subject may submit a written response to the information contained in the complaint within twenty (20) days after service. The department will consider the complaint and supporting documentation as well as the subject’s written responses when determining whether probable cause exists.

(5) When the investigation is complete, the department shall prepare and submit to the Attorney General’s designee the department’s investigative report. The report shall contain the investigative findings and the recommendations of the department concerning the existence of probable cause. Upon review of the investigative findings and recommendations, the designee shall either find that there is probable cause that one or more violations of Section 381.00316, F.S., or any rule adopted thereunder, has occurred or that there is insufficient evidence to support a finding of probable cause and that the complaint should be dismissed. If probable cause is found, the department shall file a formal administrative complaint against the subject that complies with Rule 28-106.2015, F.A.C., and prosecute that complaint pursuant to Chapter 120, F.S., and Rule Chapter 28-106, F.A.C.

(6) An evidentiary hearing before an administrative law judge from the Division of Administrative Hearings shall be held pursuant to Section 120.57(1), F.S., if there are any disputed issues of material fact. The department shall have the burden to prove the allegations contained in the administrative complaint by a preponderance of evidence. The administrative law judge shall issue a recommended order pursuant to Section 120.57(1), F.S., and the department shall determine and issue the final order in each case which shall constitute final agency action. The penalty set forth in the final order shall be imposed in accordance with Section 381.00316(6), F.S.

(7) The department may resolve a complaint pursuant to Section 120.57(4), F.S., and impose a penalty through informal disposition by consent order.

(8) In determining the amount of fine to be levied for a violation, the Attorney General may consider any of the following factors:

(a) Whether the subject knowingly and willfully violated Section 381.00316, F.S.

(b) Whether the subject has shown good faith in attempting to comply with Section 381.00316, F.S.

(d) Whether the subject has previously been assessed a fine for violating Sections 381.00316, F.S.

(e) Any other mitigating or aggravating factor that fairness or due process requires.

History

Rulemaking Authority 381.00316(9) FS. Law Implemented 381.00316 FS. History–New 8-27-23, Amended 3-28-24.

Fla. Admin. Code R. 2-42.003 Protections of Medical Conscience

Complaints alleging a violation of 381.00321, F.S., must be submitted on form DBHC-002, Complaint: Protections of Medical Conscience (08/23), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15965, or http://myfloridalegal.com/medicalconscience/. A complete complaint may be submitted either electronically at http://myfloridalegal.com/medicalconscience/, a paper hard copy of the complaint form may be obtained at http://myfloridalegal.com/medicalconscience/ and submitted via email to: medicalconscience@myfloridalegal.com or a paper hard copy may be mailed to: The Department of Legal Affairs, Medical Conscience Program, PL-01, The Capitol, Tallahassee, Florida 32399-1050.

History

Rulemaking Authority 381.00321(4) FS. Law Implemented 381.00321 FS. History – New 10-30-23.

Chapter 2-43 Online Protections for Minors

Fla. Admin. Code R. 2-43.001 Social Media Use for Minors– Definitions; Computation of Time

Definitions – As used in this rule chapter and Section 501.1736, F.S.:

(1) “Algorithm” means a mathematical set of rules that specifies how a group of data behaves and that will assist in ranking search results and maintaining order or that is used in sorting or ranking material based on relevancy or other factors instead of using published time or chronological order of such content or material.

(2) “Auto-play video” includes automatically playing videos in succession as a default setting, in the absence of prior solicitation or approval.

(3) “Commercially reasonable method of age verification” means a method of verifying age that is regularly used by the government or businesses for the purpose of age and identity verification.

(4) “Consistent pattern” means the undertaking of three or more instances of conduct described at Section 501.1736(2), (3), or (4), F.S. as part of a routine.

(5) “E-mail” messaging means transmission of “electronic mail messages” as defined at Section 668.602(7), F.S.

(6) “Exclusive function” means the social media platform does not offer any features other than allowing users to send messages consisting of text, photographs, pictures, images, or videos that are only visible to the sender and the recipient or recipients and are not posted publicly.

(7) “Guardian” means a relative, nonrelative, next of kin, or fictive kin who is awarded physical custody of a child in a proceeding pursuant to Section 39.01(30), F.S.

(8) “Month” means a time period that is the lesser of a calendar month or a continuous period of 30 days.

(9) “Parent” means a legal guardian or an individual with legal custody over a child.

(10) “Permanently delete all personal information” means destroy from all repositories all content the social media platform holds or that is held on behalf of the social media platform about a person. Such content includes information that includes, but is not limited to, a person’s name, identifying characteristics about a person, the person’s location, or the person’s electronic material that could be used to identify the person. Destruction from all repositories means permanent removal of data or information the platform created, received, processed, archived, maintained, or transmitted about a person.

(11) “Push notifications” includes photographs, written statements, video recordings, or other visible content that appears unsolicited on a person’s screen when the person accesses the social media platform.

(12) “Reasonable parental verification” means any method that is reasonably calculated at determining that a person is a parent of a child that also verifies the age and identity of that parent by commercially reasonable means. Reasonable parental verification may include, but is not limited to, a social media platform:

(a) requesting from a child the child’s parent’s name, address, phone number, and e-mail address;

(b) contacting the name provided by the child and confirming that the parent is the child’s parent by obtaining documents or information sufficient to evidence that relationship; and

(c) utilizing any commercially reasonable method regularly used by the government or business to verify that parent’s identity and age.

History

Rulemaking Authority 501.1736(11) FS. Law Implemented 501.1736 FS. History-New 10-23-24.

Fla. Admin. Code R. 2-43.002 Social Media Use for Minors– Age Verification; Parental Verification; Enforcement

(1) Age Verification -- A social media platform’s process for age verification is sufficient if it consists of completing:

(a) standard age verification as defined at Section 501.1737(1)(i), F. S.;

(b) anonymous age verification as defined at Section 501.1738, F. S.; or

(c) any method of verifying age that is regularly used by the government or businesses for the purpose of age and identity verification.

(2) Determination of a Parent – In determining whether someone is a parent entitled to exercise rights under Section 501.1736, F.S., for a known child, a social media platform shall conduct reasonable parental verification before allowing the exercise of any right.

(3) Willful disregard of a person’s age constitutes a knowing or reckless violation of Section 501.1736(2), (3), or (4), F.S.

(a) A social media platform willfully disregards a person’s age if it, based on the facts or circumstance readily available to the respondent, should reasonably have been aroused to question whether the person was a child and thereafter failed to perform reasonable age verification.

(b) The department will not find willful disregard of a person’s age has occurred if a social media platform establishes it has utilized a reasonable age verification method with respect to all who access the social media platform and that reasonable age verification method determined that the person was not a child unless the social media platform later obtained actual knowledge that the person was a child and failed to act.

History

Rulemaking Authority 501.1736(11) FS. Law Implemented 501.1736 FS. History-New 10-23-24.

Fla. Admin. Code R. 2-43.003 Permanent Deletion of Personal Information

Permanent deletion of all personal information held by a social media platform relating to an account must occur within 14 business days of termination of the account.

History

Rulemaking Authority 501.1736(11) FS. Law Implemented 501.1736 FS. History-New 10-23-24.

Chapter 2-44 Age Verification for Online Access to Materials Harmful to Minors

Fla. Admin. Code R. 2-44.001 Age Verification for Online Access to Materials Harmful to Minors – Definitions; Calculation of Proportion of Material

(1) Definitions – As used in this rule chapter and Section 501.1737, F.S.:

(a) “Commercially reasonable method of age verification” means a method of verifying age that is regularly used by the government or businesses for the purpose of age and identity verification.

(b) “Material on a website or application” means all documents, photographs, films, recordings of any type, data processing software, or other items that are subject to recording, sharing, or transmitting that exist on a website or application that is visible or could be visible to a user who accesses the website or application, regardless of whether any user actually views the material.

(c) “Total” means the complete amount based on a quantifiable unit of measurement, including, but not limited to, number of files, occurrences, gigabytes, regardless of the amount of time taken to view or observe the content.

(d) “Website” includes any portion of material/webpage available only by way of account.

(2) Proportion of Material – As used in this rule and Section 501.1737, F.S.:

(a) Commercial entities must calculate the proportion of 33.3% of total material on a website or application such that it measures the total material on a website or application that is available to any minor, regardless of the medium in which it is available.

(b) The proportion must be based on measuring all content posted on a website or application. Any portion of harmful material on a single piece of content renders the entire piece of content harmful.

(c) The proportion must be calculated regardless of the existence of any framework that entails creation of an account to access any material. Webpage includes any portion of website available only by way of account.

History

Rulemaking Authority 501.1737(9) FS. Law Implemented 501.1737 FS. History-New 10-23-24.

Fla. Admin. Code R. 2-44.002 Age Verification for Online Access to Materials Harmful to Minors – Enforcement

(1) Willful disregard of a person’s age constitutes a knowing or intentional violation of Section 501.1737, F.S.

(a) A commercial entity willfully disregards a person’s age if it, based on the facts or circumstance readily available to the respondent, should reasonably have been aroused to question whether the person was a child and thereafter failed to perform reasonable age verification.

(b) The department will not find willful disregard of a person’s age has occurred if a commercial entity establishes it has utilized a reasonable age verification method with respect to all who access the social media platform and that reasonable age verification method determined that the person was not a child unless the social media platform later obtained actual knowledge that the person was a minor and failed to act.

(2) The department will take action under part II of chapter 501, F.S., against a third party that performs age verification in violation of Section 501.1738, F.S.

History

Rulemaking Authority 501.1737(9) FS. Law Implemented 501.1737 FS. History-New 10-23-24.

Division 2A Division of Victim Services and Criminal Justice Programs

Chapter 2A-2 VICTIM COMPENSATION

Fla. Admin. Code R. 2A-2.0001 Definitions

History

Rulemaking Authority 960.045(1) FS. Law Implemented 960.03, 960.05, 960.065, 960.07, 960.12, 960.13(5)(a), 960.15, 960.16, 960.17, 960.18, 960.195, 960.198, 960.199 FS. History‒New 10-1-14, Amended 5-20-19, Repealed 3-1-21.

Fla. Admin. Code R. 2A-2.001 Definitions

History

Rulemaking Authority 960.045(1) FS. Law Implemented 960.03, 960.05, 960.065(3), 960.13(5)(a) FS. History–New 1-1-92, Amended 11-1-92, 9-13-94, Repealed 1-8-96.

Fla. Admin. Code R. 2A-2.002 Victim Compensation Claims

History

Rulemaking Authority 960.045(1), 960.13(9)(b) FS. Law Implemented 960.065, 960.07, 960.12, 960.13, 960.15, 960.16, 960.17, 960.18, 960.195, 960.198 FS. History–New 1-1-92, Amended 11-1-92, 9-13-94, 1-8-96, 6-25-96, 10-1-96, 9-24-97, 8-17-99, 2-3-00, 10-23-01, 5-13-03, 1-16-08, 7-1-10, 11-19-12, 10-1-14, 9-23-15, 2-29-16, 6-30-16, 10-29-17, 5-20-19, 9-1-19, 12-11-19, Repealed 3-1-21.

Fla. Admin. Code R. 2A-2.003 Eligibility

History

Rulemaking Authority 960.045(1) FS. Law Implemented 960.065, 960.07(2), 960.09, 960.13(1)(b), (7) FS. History–New 1-1-92, Amended 11-1-92, 9-13-94, 1-8-96, Repealed 6-25-96.

Fla. Admin. Code R. 2A-2.004 Types of Awards

History

Rulemaking Authority 960.06(1) FS. Law Implemented 960.13 FS. History–New 1-1-92, Repealed 11-1-92.

Fla. Admin. Code R. 2A-2.005 Award Distribution

History

Rulemaking Authority 960.06(1) FS. Law Implemented 960.13(2), (4), (6), (8) FS. History–New 1-1-92, Repealed 11-1-92.

Fla. Admin. Code R. 2A-2.006 Notice of Claim Action

History

Rulemaking Authority 960.06(1) FS. Law Implemented 960.09 FS. History–New 1-1-92, Repealed 11-1-92.

Fla. Admin. Code R. 2A-2.007 Reconsideration

History

Rulemaking Authority 960.06(1) FS. Law Implemented 960.02, 960.14 FS. History–New 1-1-92, Repealed 1-8-96.

Fla. Admin. Code R. 2A-2.008 Appeals

History

Rulemaking Authority 960.045(1) FS. Law Implemented 120.57, 960.09 FS. History–New 1-1-92, Amended 11-1-92, 1-8-96, Repealed 6-25-96.

Fla. Admin. Code R. 2A-2.009 Types and Limitations of Benefits

History

Rulemaking Authority 960.045(1), 960.13(9) FS. Law Implemented 960.065, 960.13 FS. History–New 11-1-92, Amended 9-13-94, 1-8-96, Repealed 6-25-96.

Fla. Admin. Code R. 2A-2.010 Payments

History

Rulemaking Authority 960.045(1), 960.13(9) FS. Law Implemented 960.065, 960.13, 960.14 FS. History–New 11-1-92, Amended 9-13-94, Repealed 1-8-96.

Fla. Admin. Code R. 2A-2.011 Emergency Awards

History

Rulemaking Authority 960.045(1) FS. Law Implemented 960.12 FS. History–New 11-1-92, Amended 9-13-94, Repealed 1-8-96.

Fla. Admin. Code R. 2A-2.012 Subrogation

History

Rulemaking Authority 960.045 FS. Law Implemented 960.16 FS. History–New 11-1-92, Amended 1-8-96, Repealed 6-25-96.

Fla. Admin. Code R. 2A-2.013 Property Claims

History

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.195 FS. History–New 7-1-10, Amended 10-1-14, 2-29-16, 10-29-17, 5-20-19, 12-11-19, Repealed 3-1-21.

Fla. Admin. Code R. 2A-2.014 Domestic Violence Relocation Assistance

History

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.198 FS. History–New 7-1-10, Amended 10-1-14, 2-29-16, 10-29-17, 5-20-19, 12-11-19, Repealed 3-1-21.

Fla. Admin. Code R. 2A-2.015 Sexual Battery Relocation Assistance

History

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.199 FS. History–New 11-19-12, Amended 10-1-14, 2-29-16, 5-20-19, 12-11-19, Repealed 3-1-21.

Fla. Admin. Code R. 2A-2.016 Human Trafficking Relocation Assistance

History

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.07(1), 960.07(2), 960.13(1), 960.13(2), 960.13(3), 960.196, 960.199 FS. History–New 10-20-14, Amended 2-29-16, 5-20-19, 12-11-19, Repealed 3-1-21.

Fla. Admin. Code R. 2A-2.017 Forms

History

Rulemaking Authority 960.045(1) FS. Law Implemented 960.03, 960.05, 960.065, 960.07, 960.12, 960.13(5)(a), 960.15, 960.16, 960.17, 960.18, 960.195, 960.196, 960.198, 960.199 FS. History‒New 2-11-16, Amended 10-29-17, 5-20-19, 12-11-19, Repealed 3-1-21.

Fla. Admin. Code R. 2A-2.018 Emergency Responder Death Benefits

(1) Application. The application entitled BVC100ER Emergency Responder Death Benefit Claim Form must be submitted and is incorporated in subsection 2A-2.017(15), F.A.C. An application for emergency responder death benefits should be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050 or faxed to (850)414-6197 or (850)414-5779; emailed to VCIntake@myfloridalegal.com; or submitted via the department’s web-portal located at https://vannext.myfloridalegal.com.

(2) Acceptable documentation for proof that a compensable crime occurred shall include:

A law enforcement report that affirms a crime occurred, regardless of whether an offender can be identified,
An affidavit charging an individual with a crime filed by law enforcement,
An information charging an individual with a crime filed by a state attorney,
An indictment by a grand jury,
A written communication from any Federal Law Enforcement agency,
A completed form BVC430 Law Enforcement Information Reporting Form which is incorporated in subsection 2A-2.017(9), F.A.C.

(3) In making a determination of contribution pursuant to Section 960.143(3), F.S., the department will rely substantially on information in writing from a proper authority that the victim’s conduct contributed to his or her injury or death. Penalty assessments, if imposed, will be applied at the rate of 25 percent of the amount payable. A penalty assessment of more than 25 percent will result in the denial of benefits, unless the responder’s actions are excused by statute.

(4) It is the express intent of the Office of the Attorney General, Bureau of Victim Compensation to release benefits with as little delay as possible. Awards will be released upon the completion and approval of the first eligible application(s). Payment to the first applicant(s) who are approved for payment will foreclose any future payments or applications.

History

Rulemaking Authority 960.045(1) FS. Law Implemented 960.194 FS. History–New 10-29-17, Amended 5-20-19.

Fla. Admin. Code R. 2A-2.2001 Definitions

(1) “Actual loss” means the amount of treatment expenses for medical, dental, mental health and grief counseling services; economic losses limited to lost wages, disability and catastrophic disability, or loss of support; crime scene cleanup costs; and funeral/burial expenses which are compensable by the Crimes Compensation Trust Fund.

(2) “Application” refers to a signed and dated form BVC100 Bureau of Victim Compensation Claim Form (revised 08/24) adopted and incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-16953, which must be submitted by mail to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050 or faxed to (850)414-6197 or (850)414-5779, emailed to VCIntake@myfloridalegal.com, or submitted via the web-portal at https://VANext.MyFloridaLegal.com,https://vanext.myfloridalegal.com/ in order to apply for any benefits. For a faxed application to be timely submitted, the transmittal cover page must bear a faxed date stamp that is within the statutory filing time. An application must be fully completed and received by the bureau in order to be considered for compensation.

(3) “Division” means the Division of Victim Services and Criminal Justice Programs within the Department of Legal Affairs, Office of the Attorney General.

(4) “Bureau” means the Bureau of Victim Compensation (BVC) within the Division of Victim Services and Criminal Justice Programs within the Department of Legal Affairs, Office of the Attorney General.

(5) “Victim/applicant” is either a person who meets the definition of victim pursuant to Section 960.03(14), F.S., or a person who submits an application on behalf of a minor, deceased, or incompetent person who meets the definition of victim pursuant to Section 960.03(14), F.S. The following persons are eligible to file a claim:

(a) Victim or intervenor;

(b) Surviving spouse, parent, stepparent, adult child or sibling of a deceased victim;

(c) Guardian applying on behalf of a minor victim, incompetent person, surviving minor child of a deceased victim, or surviving minor sibling of a deceased victim;

(d) Relative applying on behalf of a deceased victim when there is no other source for payment of funeral expenses;

(e) Non-relative applying for funeral benefits on behalf of a deceased victim when no family member is available to pay for funeral expenses; or,

(f) Other person applying for loss of support benefits who was dependent on the deceased victim or intervenor’s income for principal support.

(6) Mitigating or special circumstances, pursuant to Section 960.065(3), F.S., only exist when an eligible minor victim, who cannot otherwise apply, has no qualified applicant available to apply on the minor victim’s behalf. In such cases, payments will only be made to treatment providers and no funds shall be paid directly or indirectly to the applicant.

(7) “Guardian” means:

(a) A parent or stepparent of a minor child;

(b) A person who has been appointed by the court to act on behalf of a ward’s person or property, or both;

(d) A relative who has temporary legal custody of a minor for treatment expenses; or

(e) A personal representative on behalf of a mentally incompetent person with a durable power of attorney that preceded the incompetence.

(8) “Resident” means one who maintains his or her primary dwelling in Florida. Residency is governed by a person’s intent, as evidenced by all surrounding facts and circumstances. Military personnel stationed in Florida and students shall be deemed residents for purposes of this program.

(9) “Proper authorities” means state and federal law enforcement officials and prosecuting attorneys.

(10) “Proof of crime” refers to the following documentation from a proper authority:

(a) A law enforcement report that affirms a crime occurred, regardless of whether an offender can be identified;

(b) An affidavit charging an individual with a crime filed by law enforcement;

(d) An indictment by a grand jury;

(e) A written communication from any federal law enforcement agency;

(f) A cybercrime investigator may certify a crime for purposes of Section 960.197, F.S.; or

(g) A completed form BVC430 Law Enforcement Information Reporting Form (revised 10/20) adopted and incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12721. The form BVC430 Law Enforcement Reporting Form is available only from the bureau. When acceptable proof identifying a compensable crime occurred, the claim should be determined eligible, without regard to the offense to which the offender eventually pled or was convicted of, provided the remaining eligibility criteria are met.

(11) “Compensable crime” is an offense as defined in Section 960.03(3), F.S.

(12) “Occurrence” means the date the crime incident actually happened.

(13) “Unjust enrichment” means the offender will benefit directly or indirectly from victim compensation assistance paid to the victim/applicant, or the victim’s total payments from victim compensation and collateral sources will exceed the victim/applicant’s compensable monetary losses due to the crime upon which the application is based.

(14) “Forcible felony” is defined in Section 776.08, F.S.

(15) “Cooperation” is established in Sections 960.13(1)(b)(2), 960.196(2)(c), 960.198(2)(d), and 960.199(2)(d), F.S., which refers to the requirement that the victim cooperate with the proper authorities in investigating and/or prosecuting known offenders.

(a) An establishment of non-cooperation must be obtained in writing from a proper authority based on information that indicates that the victim:

Failed, after proper notice, to appear when requested by law enforcement, the state attorney, or an assistant state attorney;
Failed to testify or assist in the investigation and prosecution;
Gave false or misleading information regarding the crime without recanting; or
Aided the offender in his or her defense.

(b) If an arrest has been made and the criminal case is at the prosecution stage, the assessment of non-cooperation must be based on information obtained from the state attorney. If the case is open at the local law enforcement agency, the assessment of non-cooperation must be based on information obtained from law enforcement.

(c)Upon learning that the victim has not cooperated, the bureau shall deny, reduce, or withdraw any award for compensation, unless the victim/applicant provides an explanation for not cooperating which demonstrates good cause.

Good cause for non-cooperation is demonstrated when the record shows the victim/applicant already moved outside the geographical vicinity where he or she resided and has no means of providing sworn testimony by phone or in person; the victim/applicant is planning to leave the vicinity and cannot be available to assist proper authorities; the victim is in fear of the abuser; a language or cultural barrier precludes effective communication with proper authorities; the victim was a minor at the time of crime.
Explanations provided to the proper authorities documented on the proof of crime may be used to render a determination of good cause.
In lieu of submitting a written explanation, any person applying for benefits who has been determined to be non-cooperative, may submit form BVC104 Non-Cooperation Explanation Form (revised 10/20), adopted and incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12722.

(16) “Filing Time” is established in Sections 960.07(2), (3), (4), and 960.196(2), F.S. For crimes occurring before October 1, 2019, applications must be received within one year after the crime; the crime related death of the victim or intervenor; the date the death of the victim or intervenor is determined to be the result of a crime; or, within two years with good cause shown. For crimes occurring on or after October 1, 2019, applications must be received within three years after the crime; the crime related death of the victim or intervenor; the date the death of the victim or intervenor is determined to be the result of a crime; or, within five years with good cause shown. When a claim is received later than the one or three year filing time required, the victim/applicant must provide an explanation for the late filing which demonstrates good cause for the delay. Alternatively, form BVC102 Filing Time Explanation Form (revised 10/20), adopted and incorporated herein by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-12729, may be used by the victim/applicant in lieu of submitting other written explanation.

(a) Good cause for filing a late application is demonstrated when the record shows:

The victim/applicant was pursuing other means of recourse;
The victim/applicant was not emotionally, mentally, or physically able to file the claim;
The victim/applicant was unaware that a compensation program exists; or
A language or cultural barrier hinders the access needed to timely file the claim.

(b) No explanation for good cause is acceptable for claims filed outside the statutorily established filing deadlines.

(17) “Reporting time” is established in Sections 960.13(1)(b), 960.195(1)(b), and 960.196(2)(b), F.S., which refers to the time requirement during which the crime must be reported to a proper authority after the crime is known to have occurred. For crimes occurring before October 1, 2019, the crime must be reported to the proper authority within 72 hours after the crime is known to have occurred. For crimes occurring on or after October 1, 2019, the crime must be reported to the proper authority within 120 hours after the crime is known to have occurred. When the crime was reported to the proper authorities beyond the reporting requirement, the victim/applicant must provide an explanation for the late reporting which demonstrates good cause for the delay. Alternatively, form BVC103 Reporting Time Explanation Form (revised 10/20), adopted and incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12730, may be used by the victim/applicant in lieu of submitting other written explanation.

(a) Good cause for late reporting is demonstrated when the record shows:

The victim/applicant was unaware that a crime had occurred;
The victim believed that the proper authorities had already been notified;
The victim was not in the vicinity to report the incident to the proper authorities in the manner in which the proper authorities directed;
There was no knowledge that a crime was committed prior to reporting the incident to the proper authorities;
The victim/applicant was not emotionally, mentally, or physically able to report the incident;
The victim/applicant believed that the proper authorities had been contacted and a report was filed;
The victim is/was a minor at the time of the incident;
The victim/applicant expressed feelings of shame, remorse, or embarrassment which prevented them from contacting the proper authorities; fear of retaliation or retribution by the offender, the offender’s family, or the offender’s acquaintances which was communicated to the proper authorities; or
A language or cultural barrier precludes effective communication with the proper authorities.

(18) “Economic loss” means wage loss, loss of support, and disability including catastrophic disability.

(19) “Provider” means the entity that provides goods, services, or treatment to or on behalf of the victim.

(20) “Treatment” includes services rendered in accordance with a religious method of healing, e.g., religious practitioner and cultural healing practices that use herbal remedies.

(21) “Medical/Dental Equipment” means prescriptions, eyeglasses, contact lenses, dentures or any other prosthetic device which needs to be purchased or replaced as a result of the crime.

(22) “Physical injury” means bodily harm or hurt, excluding mental distress, fright, or emotional disturbance.

(23) “Psychiatric injury” and “psychological injury” mean emotional injury. These terms are used interchangeably and satisfy the requirement for physical injury pursuant to Section 960.03, F.S., if inflicted as the result of a forcible felony.

(24) “Mental Injury” means an injury to the intellectual or psychological capacity of a child abuse victim as evidenced by a discernible and substantial impairment in the ability of the child to function within the normal range and behavior as verified by a psychologist licensed under Chapter 490, F.S., a physician who is licensed under Chapter 458 or 459, F.S., and has completed an accredited residency in psychiatry, or a physician who has obtained expert witness certification pursuant to Section 458.3175, F.S.

(25) “Crime scene cleanup” means the removal and disposal of biohazardous and/or biochemical substances following a violent crime that occurs in the private residence or conveyance of the victim and must be performed by a government-authorized provider.

(26) “Abandoned property” means property that the owner voluntarily surrenders, relinquishes, or disclaims.

(27) “Activities of daily living” for purposes of Section 960.195, F.S., means the basic tasks of everyday life.

(28) “Damage” means loss or injury to person or property.

(29) “Intangible property” means property that lacks a physical existence. Examples include bank accounts, airtime, business goodwill, fees (impound, pawn shop, towing), options, stocks, points, or membership incentives.

(30) “Loss” means the failure to keep possession of something.

(31) “Property loss” means the loss of tangible personal property directly caused by a criminal or delinquent act. For purposes of Section 960.195, F.S., the following are specifically excluded: abandoned property, cash or other negotiable instruments, contraband, or other illicit items.

(32) “Replacement cost” means the cost of acquiring an asset that is as equally useful or productive as an asset previously held.

(33) “Tangible personal property” means property that can be seen, weighed, measured, felt, or touched or is in any way perceptible to the senses.

(34) “Substantial diminution” means the loss of the property directly impacts the victim’s activities of daily living.

(35) “Domestic violence” is defined in Section 741.28(2), F.S.

(36) “Immediate need” is defined as 30 days directly following the occurrence of the domestic violence offense.

(37) “Family or household member” is defined in Section 741.28(3), F.S.

(38) “Sexual battery” is defined in Section 794.011, F.S.

(39) “Human trafficking” is defined in Section 787.06(3)(b), (d), (f), or (g), F.S.

(40) “Urgent assistance” is defined as 45 days directly following the human trafficking offense, a subsequent event directly related to the crime, or an identifiable threat by a human trafficking offender.

(41) “Certification” is established in Sections 960.196(2)(c), 960.198(2)(d), and 960.199(2)(d); F.S., which refers to a signed and dated form BVC106 Relocation Certification Worksheet (revised 10/20), adopted and incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12723.

(42) “Certified domestic violence center representative” and “certified rape crisis center representative” means a person who has been designated by the Office of the Attorney General to assist in the certification process for domestic violence, sexual battery, or human trafficing relocation benefits. Certified representatives are qualfied to certify applications up to 2 years after completion of specialized training. Training certification is withdrawn when the certified representative resigns or is terminated from their existing position.

(43) “Relocation assistance” compensation is defined as compensable housing expenses limited to short-term interim shelter, rental agreements, or long-term leases, and may include security deposits, application fees, and/or the first month’s contractual payment.

History

Rulemaking Authority 960.045(1) FS. Law Implemented 960.03, 960.05, 960.065, 960.07, 960.09 960.12, 960.13, 960.15, 960.16, 960.17, 960.18, 960.194, 960.195, 960.197, 960.198, 960.199 FS. History‒New 3-1-21, Amended 9-8-24.

Fla. Admin. Code R. 2A-2.2002 Compensation Eligibility Requirements

(1) The victim/applicant has the ultimate responsibility to provide information and documentation needed to support eligibility and benefit payments under this rule. The victim/applicant must provide updated address and contact information, which shall be considered the address of record. When an incomplete application is received, the bureau will notify the victim/applicant at their address of record, or their email address if provided (exception for relocation benefit requests applies), of the information needed for eligibility determination and benefits. Required documents include:

(a) Completed, signed, and dated application. Failure to fully complete, sign, or date the application or provide the requested documentation will cause delays and shall result in a denial of the claim. The application must include the type of benefits requested and provide all respective information required by the application form.

(b) Acceptable proof of crime from the proper authorities or form BVC430 Law Enforcement Information Reporting Form (revised 10/20) adopted and incorporated by reference at Rule 2A-2.2001, F.A.C., documenting that:

A compensable crime occurred.
The victim did not contribute to the infliction of his or her injury or death. Contributory misconduct is based on information in writing from a proper authority that the victim’s conduct contributed to his or her injury or death. Penalty assessments, if imposed, based on contribution will be applied only to payments made directly to the victim or applicant at the rate of 25 percent of the amount otherwise payable. A penalty assessment of more than 25 percent will result in the denial of benefits.
The victim did not act unlawfully. An establishment of unlawful activity is based on information in writing from a proper authority indicating that the victim’s conduct at the time of crime was unlawful.
The crime was reported to the proper authorities within the required timeframe in which the incident was known to have occurred.
The victim has cooperated with the investigation and prosecution of known offenders.
Proof of third-party payments such as insurance, restitution, judgments or settlements (e.g., copy of insurance explanation of benefits, settlement agreements, court documents for restitution and judgments), if applicable.
Written materials that substantiate payment of the requested benefit type as described herein (includes proof of crime-related expenses).

(2) Victim Compensation Benefits.

(a) Collateral sources must be exhausted before any compensable benefit is determined payable, except loss of support and catastrophic disability.

(b) Disability benefits.

Disability compensation is available to eligible victims who suffered a permanent whole body disability pursuant to Section 440.15(3)(b), F.S., as a result of the crime.

a. The disability assessment must be in accordance with the American Medical Association’s Guide to Evaluation of Permanent Impairment or the Florida Permanent Impairment Rating Guide.

b. Verification that the victim has reached maximum medical improvement, or that the percentage of disablity will not change in lieu of maximum medical improvement, must be received.

The disability allowance is calculated at $250.00 per percentage point for disability ratings of one through ten percent, and $500.00 per percentage point for disability ratings of eleven percent and above, up to the maximum benefit amount on the Schedule of Benefits.
Pre-existing disability is not compensable.
The following is needed to calculate crime-related disability benefits:

a. Form BVC409 Victim Compensation Treatment Disability Statement (revised 10/20) adopted and incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12724, signed by the treating physician, dentist, psychiatrist, or chiropractor.

b. If the documentation specified above cannot be obtained, a signed and dated written statement by the treating physician, dentist, psychiatrist, or chiropractor which specifies all the information provided on form BVC409 Victim Compensation Treatment Disability Statement shall be accepted.https://www.flrules.org/Gateway/reference.asp?No=Ref-06424

Wage loss compensation is available to eligible victims:

a. Who missed time from work because they were unable to work as a result of the physical injuries sustained as a result of the crime; and

b. The victim’s parent or legal guardian when he or she misses time from work to provide immediate medical care to the minor victim.

Lost wages are compensable within the timeframes established and up to the percentage and maximum benefit amount on the Schedule of Benefits, based on the victim/applicant’s actual gross average weekly wage or maximum gross average weekly wage provided by the Department of Financial Services for Workers’ Compensation Benefits. In no case may the wage loss payment exceed the maximum gross average weekly wage (“GAWW”) established by the Department of Financial Services.
The victim or applicant must have been gainfully employed or accruing reemployment assistance benefits at the time of the crime.
The following is needed to calculate crime-related wage loss benefits:

a. Form BVC405 Victim Compensation Wage Loss Employment Report (revised 10/20) adopted and incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12725, which must be signed by the employer’s human resources director or other authorized human resources supervisor, employee administrative services supervisor, chief financial officer, chief executive officer, president, or owner.

b. If the documentation specified above cannot be obtained, the following documentation which specifies all the information provided on form BVC405 Victim Compensation Wage Loss Employment Report (revised 10/20) shall be accepted:

i. The victim/applicant’s individual earnings statement(s) showing loss of dates and income from work as a result of the crime;

ii. Unemployment compensation (reemployment assistance) benefits statement when the victim was not employed at the time of the crime but was receiving unemployment compensation (reemployment assistance) benefits, and because of the crime injuries the victim is not able to work, or actively seek employment which disqualifies them from procuring unemployment compensation benefits; or,

iii. Federal income tax for the quarter or year preceding the date of the crime (if self-employed or working for a family member).

c. Form BVC409 Victim Compensation Treatment Disability Statement (revised 10/20) adopted and incorporated by reference above, signed by the treating physician, dentist, psychiatrist, or chiropractor.

d. If the documentation specified above cannot be obtained, a signed and dated written statement by the treating physician, dentist, psychiatrist, or chiropractor which specifies all the information provided on form BVC409 Victim Compensation Treatment Disability Statement (revised 10/20) adopted and incorporated by reference above, shall be accepted. https://www.flrules.org/Gateway/reference.asp?No=Ref-06424

(d) Loss of support benefits.

Loss of support compensation is available to the following eligible persons:

a. The surviving spouse;

b. Dependent parent, sibling, and child(ren); and

c. A person who was dependent for his or her principal support on the deceased victim.

Loss of support compensation is available to eligible dependents of a deceased victim or intervenor who was employed, was receiving reemployment assistance, or had applied for and would have been eligible for unemployment compensation benefits (reemployment assistance), at the time of the crime.
Benefits for loss of support are calculated by determining the earnings lost for a period of three years. The gross average weekly wage is multiplied by 52 weeks then multiplied by 3 years, to equal the total loss of support benefit up to the maximum benefit amount on the Schedule of Benefits. 4. Acceptable documentation for crime-related loss of support includes the following:

a. Income tax returns showing earnings for one to three years preceding the date of the crime. If the claim will exhaust the maximum allowable benefit using just the year prior to the date of the crime, then only one year of tax documentation is necessary. If not, two or three years of prior tax documents for the years preceding the date of the crime are required to calcualte the gross average weekly wage.

b. Reemployment assistance statements may be used in combination with tax documentation to calculate the gross average weekly wage.

c. Alternatively, form BVC405 Victim Compensation Wage Loss Employment Report (revised 10/20), which is adopted and incorporated by reference above, may be submitted to document earnings preceding the crime.

Proof of dependency is established based on:

a. The deceased victim’s federal income tax return;

b. Marriage certificate;

c. Birth or death certificate;

d. Copy of approval for Social Security Administration survivor benefits;

e. A court order for support; or

f. Documentation identifying joint expenses exceeding the applicant’s income and that the expenses had been paid by the deceased. Acceptable documentation includes certified copies of financial records, leases, mortgages or other forms of mutual indebtedness for a minimum of one year preceding the occurrence of the crime.

(e) Itemized bills must be submitted before payment to a provider or reimbursement to the victim/applicant can be considered pursuant to Sections 960.13, 960.197 and 960.28, F.S.

The itemized bill (invoice) should be prepared using industry standard forms (e.g., CMS-1450, 1500, J400), or on the provider’s letterhead and must include the following information:

a. Service provider/facility’s name, street address, city, state and zip code, email address, and telephone number (including area code);

b. Organization/treatment facility’s mailing address;

c. Federal tax identification number;

d. Beginning and ending date(s) of service;

e. Name and address of individual being billed for services rendered;

f. Revenue code, description of service, CPT or equivalent code, service date, service units, and total charges;

g. Diagnosis code, diagnosis, or nature of injury; and,

h. First and last name of attending medical professional and license number.

Out-of-pocket reimbursement to the victim/applicant for qualified funeral/burial, mental health (includes grief counseling), medical/dental expenses, and crime scene cleanup shall be compensated at 100 percent, when services or treatment was rendered within the timeframes established and up to the maximum benefit amount on the Schedule of Benefits.
If the provider rejects payment in full from the bureau, funds may be paid to the victim/applicant, who is then responsible for the bill.
Costs for interpreter services for eligible victims with (foreign) language barriers and/or hearing impairment which allows victims to receive assistance in obtaining benefits and medical or mental health treatment services. These costs are included in the respective maximum benefit amounts and must be identified on an itemized bill. This does not apply to interpreter costs incurred for court-related activities which are not compensable.
If the offender would be unjustly enriched, either directly or indirectly, no reimbursement is compensable.

(f) Funeral/burial expenses.

Funeral/burial compensation is available to eligible applicants when services were directly related to the crime and when such services were rendered by a qualified person.
The applicant must be identified on the funeral contract as the party who paid the funeral expenses or the party responsible for the unpaid funeral expense.
Funeral/burial expenses are considered expenses associated with the funeral, services that constitute a funeral, transporting the deceased victim’s remains, burying, entombing, internment, cremation, procession, wake, or memorial ceremony held in honor or observation of the deceased and any other expenses which are not otherwise listed but are directly related to a funeral/memorial ceremony or the care of the decedent. With exception to religious practices, food, beverages, bereavement travel, and expenses associated with social events are not compensable.

(g) Mental health treatment (inpatient and outpatient) expenses.

Treatment expenses include any financial obligation or monetary outlay for crime-related mental health or grief counseling services necessary as a result of the crime for which the victim/applicant is responsible for payment. Treatment expenses are compensable when the treatment is rendered by a person qualified to provide mental health counseling pursuant to Chapter 458, 490 or 491, F.S.
Inpatient mental health care is limited to acute, crisis stabilization up to seven days.
Minors who saw or heard the crime incident and who suffered a psychological or psychiatric injury as a result of the crime, but were not physically injured, may receive mental health care, when the law enforcement report reflects that the minor was present at the crime scene.
Minors younger than 18 years of age who were the victim of a felony or misdemeanor offense of child abuse that resulted in a mental injury, as defined in Section 827.03, F.S., but who were not physically injured, are eligible for mental health treatment benefits.
Persons who suffered a psychological or psychiatric injury as a direct result of a forcible felony may receive mental health care, when the law enforcement report identifies the individual as a victim of the crime. This is the only benefit available to adult victims who did not suffer a physical injury or death.
A surviving spouse, parent, stepparent, child or sibling of a deceased victim may receive mental health grief counseling. When more than one applicant applies, each adult applicant shall be eligible for benefits up to the maximum benefit amount on the Schedule of Benefits.
When a minor receiving mental health treatment care reaches the age of 18, the adult benefit maximum amount applies. If that benefit amount has already been paid, no further mental health or grief counseling benefits are available.
Reimbursement for transportation costs to mental health treatment appointments requires the submission of an itemized bill by the treating provider and a reasonable estimate of the mileage between the victim/applicant’s residence. Rental car charges may be compensable for travel to another city for mental health treatment. A traveler who uses an indirect route for personal convenience must bear any extra costs; reimbursement for expenses shall be based only on such charges as would have been incurred by a usually-traveled route.

(h) Medical/dental/non-medical remedial care treatment costs.

Treatment expenses include any financial obligation or monetary outlay for crime-related medical or non-medical remedial care and other services necessary as a result of the crime for which the victim/applicant is responsible for payment.
Crime-related medical expenses of a deceased adult victim incurred prior to his or her death are compensable only when an eligible applicant is financially responsible for the expense.
Medically necessary equipment (e.g., wheelchairs, oxygen tanks, and prosthetics) that are damaged during the crime are compensable when the law enforcement report specifically identifies what happened to those items.
Reimbursement for transportation costs to medical/dental treatment appointments requires the submission of an itemized bill by the treating provider and a reasonable estimate of the mileage between the victim/applicant’s residence. A traveler who uses an indirect route for personal convenience must bear any extra costs; reimbursement for expenses shall be based only on such charges as would have been incurred by a usually-traveled route.

(i) Crime scene cleanup.

Crime scene cleanup compensation is available to eligible victims/applicants for costs associated with the removal and disposal of biohazardous and/or biochemical substances following a violent crime that occurs in the private residence or conveyance of the victim. These services must be performed by a government-authorized provider within seven days after law enforcement officially releases the scene as a site closed for investigation.
Acceptable documentation for crime scene cleanup services includes an itemized bill which provides the following:

a. Service provider/facility’s name, street address, city, state and zip code, email address, and telephone number (including area code);

b. Federal tax identification number;

c. Date(s) of service;

d. Date of occurrence of crime incident for which services are provided;

e. Name and address of individual being billed for services rendered;

f. Description of service, service date, service units, and total charges; and,

g. Documentation must prove that services were performed within seven days from the crime incident, or be accompanied by documentation from law enforcement proving that services were performed within seven days after law enforcement released the scene as a site closed for investigation.

(3) Property Loss Benefits.

(a) Proof of disability predating the crime is required for persons between 18 and 60 years of age. Acceptable documentation includes:

Written statements from the Department of Veteran Affairs, the Social Security Administration, or the victim’s treating physician; or
Form BVC410 Property Loss Disability Verification Form (revised 10/20) adopted and incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12726.

(b) The law enforcement report must identify the victim as the owner of the tangible personal property and assign a value to the property for which compensation is sought. Alternatively, the law enforcement report must identify the property, and acceptable documentation of replacement costs for actual damage may be provided by the victim if the value or estimated damage is not known at the time the law enforcement report is made.

(c) Acceptable documentation of replacement costs includes a receipt for purchase of the replacement item from a vendor or merchant, official published advertisement, or written estimate from a retail establishment for the cost of an equivalent item. The written estimate must be on company letterhead and must include the retailer’s name, address, and an email or website address, if any.

(d) Compensation may be paid for the cost of the item, plus tax, delivery and installation, up to the maximum benefit amount on the Schedule of Benefits. Victims/Applicants may apply and be eligible for issuance of the insurance waiver provision identified in Section 624.128, F.S., regardless of whether the lifetime benefit has been exhausted.

(e) Objects can be valued only at replacement cost, regardless of sentimental value.

(f) Examples of compensable tangible personal property include one’s eyeglasses, watch, clock, telephone, personal computer, wheelchair, medicine, tools of one’s trade, oxygen tank, and mailbox.

(g) Examples of property that is not compensable includes real property, abandoned property, cash or other negotiable instruments, contraband or other illicit items, exchange agreements, items that amount to a monetary loss, are intangible, or are cosmetic damage causing a devaluation of the property.

(h) An application may be filed for each incident in which a tangible loss is incurred as the result of criminal or delinquent acts. However; multiple property losses and ongoing victimization within a reasonable period of time qualify as a single incident, and thus, only one application may be filed.

(4) Relocation Benefits.

(a) To be eligible for relocation assistance, the victim must contact and application must be made through a certified domestic violence or rape crisis center representative in the State of Florida.

(b) Certified center representatives who qualify a victim’s need for relocation assistance according to the requirements established in Section 960.196, 960.198, or 960.199, F.S., shall use form BVC106 Relocation Certification Worksheet (revised 10/20) adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12723, to certify their need. The center representative must verify that they have counseled the recipient in regards to all aspects of the program and the obligations and responsibilities for receiving the funds. The certification worksheet must accompany form BVC100 Bureau of Victim Compensation Claim Form (revised 10/20) adopted and incorporated by reference at Rule 2A-2.2001, F.A.C., for a claim to be determined eligible. Failure to submit a properly completed certification worksheet will result in the denial of benefits.

(c) Documentation of how funds requested will be used must accompany the certification worksheet for a claim to be determined eligible. Written documentation of relocating to a new location for short-term interim shelter, rental agreements, or long-term leases will be accepted for purposes of this program. Acceptable documentation includes standard housing contracts signed by the property manager or landlord and the victim/applicant for tenant occupancy of a house, apartment, or piece of living space such as a room or guest house. In lieu of a standard housing contract, confirmation of the agreement using form BVC110 Notification of Residential Agreement (10/20) adopted and incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12727, shall be used to document how funds will be used for relocation expenses.

(d) It is the responsibility of the certified center representative to obtain and review personal identification documentation before certifying a victim’s need for relocation assistance. The center is not required to forward any personal identification documentation to the bureau.

(e) If approved, funds will be made payable to the victim/applicant in care of the respective certified domestic violence or rape crisis center where the certification of need was obtained. Payments shall be made in the form of a bank card, voucher, check, state warrant, or any other method determined by the bureau. Awards will be administered based on the availability of funds. The bureau shall determine how those funds are disbursed.

(f) Certified center representatives who are distributing relocation assistance funds must witness the victim/applicant’s acknowledgement of the terms and conditions for spending the award and acceptance of payment, in addition to verify the certification of need using form BVC421 Notification of Possible Recoupment and/or Prosecution for Fraud (revised 10/20) adopted and incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12728https://www.flrules.org/Gateway/reference.asp?No=Ref-10376. The center is responsible for submitting the recoupment form to the bureau upon collection.

(g) If the victim has not accepted the funds at the center within 30 days of payment issuance, the center shall return the funds to the bureau and certification of need will be revoked. Upon receipt of the returned funds by the bureau, eligibility will be rescinded.

(5) Domestic Violence Relocation Assistance.

(a) Proof of a domestic violence crime which meets the definition of Section 741.28(2), F.S., must come from a proper authority. Only domestic violence crimes will be considered compensable for purposes of this benefit.

(b) Certification of need for domestic violence relocation assistance must be received by the bureau within 30 days immediately following the occurrence of the domestic violence offense to demonstrate there is an immediate need to relocate.

(c) “Immediate need” is defined as 30 days directly following the occurrence of the domestic violence offense, as defined in Section 741.28, F.S. Exceptions include:

Victims for whom a convicted domestic violence offender is within 30 days of pending release from incarceration. In cases involving release, the original domestic violence offense report must be provided along with court or Department of Corrections documentation regarding pending release of the offender.
When law enforcement or the state attorney (or by delegation the assistant state attorney) says in writing there is a present need to relocate the victim due to the threat of further domestic violence.

(6) Sexual Battery Relocation Assistance.

(a) Proof of a sexual battery crime which meets the definition of Section 794.011, F.S., must come from a proper authority. Only sexual battery crimes will be considered compensable for purposes of this benefit.

(b) Certification of need for sexual battery relocation assistance must be received by the bureau within the statutory claim form filing time to demonstrate there is a reasonable fear for the victim’s continued safety.

(7) Human Trafficking Relocation Assistance.

(a) Proof of a human trafficking crime which meets the definition of Section 787.06(3)(b), (d), (f) or (g), F.S., must come from a proper authority. Only human trafficking involving the delineated sex crimes will be considered compensable for purposes of this benefit.

(b) Certification for relocation assistance must be received by the bureau within 45 days immediately following the crime or an identifiable threat by a human trafficking offender to demonstrate the victim’s need for urgent assistance to relocate. Exceptions to urgent assistance include:

Victims for whom a convicted human trafficking offender is within 30 days of pending release from incarceration. In cases involving release, the original human trafficking offense report must be provided along with court or Department of Corrections documentation regarding pending release of the offender.
When law enforcement, state attorney (or by delegation the assistant state attorney), statewide prosecutor, or federal prosecutor says in writing there is a present need to relocate the victim. Written verification must affirm there is an active ongoing investigation, and that the victim needs to relocate from an unsafe environment due to the threat of further violence which is directly related to the human trafficking offense.

History

Rulemaking Authority 960.045(1) FS. Law Implemented 960.03, 960.05, 960.065, 960.07, 960.09 960.12, 960.13, 960.15, 960.16, 960.17, 960.18, 960.195, 960.197, 960.198, 960.199 FS. History‒New 3-1-21.

Fla. Admin. Code R. 2A-2.2003 Schedule of Benefits

(1) When the maximum benefit amount has been reached, no further benefits are available, regardless of whether that occurs prior to or after the effective date of these rules.

(2) The Schedule of Benefits for compensation pursuant to the Crimes Compensation Act, includes:

BENEFIT TYPE

Maximum Benefit Amount (up to)

Timeframe Within Which Loss Must Be Incurred from Date of Crime (up to)

Wage Loss

$15,000.00 at a rate of 50% or GAWW

one year

Parental Wage Loss

$15,000.00 at a rate of 50% or GAWW

one year

Loss of Support

$25,000.00

n/a

Disability

$15,000.00

n/a

Catastrophic Disability

$50,000.00

n/a

Crime Scene Cleanup

$1,500.00

7 days

Medical/Dental Treatment

$10,000.00 at a rate of 50%

one year

Mental Health Injured Minor (until age 18)

$10,000.00 at a rate of 50%

n/a

Mental Health Inpatient Crisis Stabilization

$10,000.00 at a rate of 50%

7 days

Mental Health Injured Adult Victim

$5,000.00 at a rate of 50%

one year

Mental Health Minor Witness

$5,000.00 at a rate of 50%

one year

Mental Health Minor Victim Mental Injury (until age 18)

$10,000.00 at a rate of 50%

n/a

Mental Health Adult or Minor Victim of Forcible Felony (non-injury)

$5,000.00 at a rate of 50%

one year

Grief Counseling (surviving spouse, parent, stepparent, child, stepchild, sibling, stepsibling, or other dependent of a deceased victim; combined total benefit cannot exceed $10,000.00 payout)

$10,000.00 ($2,500.00 each adult applicant) at a rate of 50%

one year

Funeral/Burial

$7,500.00

n/a

Property Loss

$500.00

date loss discovered

Domestic Violence Relocation

$1,500.00

on or prior to date of certification

Sexual Battery Relocation

$1,500.00

on or prior to date of certification

Human Trafficking Relocation

$1,500.00

on or prior to date of certification

Sexual Battery Forensic Examinations

$1,000.00

date of exam

Emergency Responder Death Benefit

$50,000.00

n/a

(c) Total benefits paid on a single claim cannot exceed $15,000.00 when the victim is not deceased, or catastrophically injured, $25,000.00 when the victim is deceased, $50,000.00 when the victim has sustained a catastrophic injury as defined in Section 960.03(1), F.S., as a direct result of the crime, or $50,000.00 when an emergency responder was killed while answering a call for service in the line of duty. Benefits paid to medical, mental health, or grief counseling treatment providers shall be paid at a rate of 50% or less depending on the availability of funds. Property loss cannot exceed $500.00 on any one claim, and a lifetime maximum of $1,000.00 on all claims. Benefits paid for relocation claims cannot exceed $1,500.00 on any one claim, and a lifetime maximum of $3,000.00 for the same relocation claim type.

History

Rulemaking Authority 960.045(1) FS. Law Implemented 960.03, 960.05, 960.065, 960.07, 960.09, 960.12, 960.13, 960.15, 960.16, 960.17, 960.18, 960.194, 960.195, 960.197, 960.198, 960.199 FS. History‒New 3-1-21, Amended 1-9-22.

Chapter 2A-3 SEXUAL BATTERY CLAIMS

Fla. Admin. Code R. 2A-3.001 Definitions

History

Rulemaking Authority 960.045 FS. Law Implemented 960.28 FS. History–New 11-1-92, Amended 9-13-94, Repealed 9-26-95.

Fla. Admin. Code R. 2A-3.002 Applicant and Payment Procedures

(1) The Bureau of Victim Compensation pays for medical expenses connected with the initial forensic physical examination of a victim of sexual battery as defined by Section 794.011(1)(h), F.S., or a lewd or lascivious battery or molestation as defined by Section 800.04(4) or (5), F.S.

(2) Payments are awarded regardless of whether the victim is covered by health or disability insurance. The victim must not be billed directly or indirectly for expenses associated with the examination.

(3) Payments are not contingent on the victim’s participation in the criminal justice system or cooperation with law enforcement.

(4) The claim form and invoice must be filed and received by the department within 120 days of the forensic examination. Corrections or technical defects on the claim form or invoice shall not result in a change to the original filing date for purposes of complying with the filing deadline. Failure to submit a properly completed claim form and invoice will result in denial of benefits.

(5) The claim form and invoice shall be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050; faxed to (850)414-6197 or (850)414-5779; emailed to VCIntake@MyFloridaLegal.com, or submitted via the department’s web portal. The form BVC100SB, Sexual Battery Forensic Examination Claim Form revised 11/19, is adopted and incorporated by reference at the following address: http://www.flrules.org/Gateway/reference.asp?No=Ref-12144. A copy of said form can be obtained at www.myfloridalegal.com or by contacting the Office of the Attorney General, Bureau of Victim Compensation.

(6) For a faxed claim form and invoice to be timely received, the transmittal cover page must provide sufficient information to identify the claim for which payment is sought, and bear a faxed date stamp that is within 120 days immediately following the examination.

(7) Payment shall not exceed $500 with respect to any violation. Separate invoices submitted for payment consideration of a single examination shall be divided in accordance with the direction and discretion of the department.

(8) The claim form shall include the following:

(a) The victim’s name;

(b) Optional demographic data for statistical purposes, including date of birth, race/ethnicity, gender, and national origin;

(d) Indication whether or not the victim has reported the incident to law enforcement, and if so, what law enforcement agency took the report, and the case/report number, if applicable;

(e) City, county, and state where the crime was committed according to the victim’s statement;

(f) Whether or not the crime occurred while the victim was incarcerated or in custody;

(g) The date the examination was completed;

(h) Forensic facility information which includes the name of the facility where the examination was performed, the facility’s federal tax identification number, mailing address and telephone number including the area code;

(i) Forensic examiner information which includes their name, title, and license number;

(j) Certification by the forensic examiner to affirm that the initial forensic physical examination for which the claim is based was performed for the purpose of collecting forensic evidence from the victim on the date identified using practices consistent with the established Adult and Child Sexual Assault Protocols; and,

(k) The signature of the forensic examiner and date of signature;

(l) Name, federal tax identification number, payment remittance address, email address, and telephone number of the medical provider seeking reimbursement;

(m) Medical provider billing representative’s name, title, acknowledgement from the representative that they have reviewed the medical records proving the examination occurred; and,

(n) Affirmation from the medical provider’s billing representative that the information presented is correct and payment for services is outstanding.

(9) The itemized invoice shall be prepared using industry standard forms or on the provider’s letterhead. It must include the following:

(a) Facility name, address, and tax identification number;

(b) Date of the examination;

(d) Diagnostic codes for the encounter for examination and observation following alleged adult or child rape; child sexual abuse suspected/confirmed; adult sexual abuse suspected/confirmed; and,

(e) One or more of the following procedures:

Certified or board-eligible healthcare examiner’s office or other outpatient services;
Emergency department services;
Use of medical facility for the collection of forensic physical evidence;
Venipuncture for the collection of blood samples;
Laboratory tests for baseline sexually transmitted disease and pregnancy; or
Forensic evidence collection kit.

(10) Only medical expenses connected with the initial forensic physical examination shall be considered.

History

Rulemaking Authority 960.045(1) FS. Law Implemented 960.28 FS. History–New 11-1-92, Amended 9-13-94, 9-26-95, 6-19-96, 9-24-97, 2-3-00, 3-17-03, 1-16-08, 8-1-10, 12-24-15, 9-13-20.

Fla. Admin. Code R. 2A-3.003 Payments

History

Rulemaking Authority 960.045 FS. Law Implemented 960.28 FS. History–New 11-1-92, Amended 9-13-94, Repealed 9-26-95.

Fla. Admin. Code R. 2A-3.004 Dozier School for Boys and Okeechobee School Victim Compensation Program

(1) Definitions.

(a) “Applicant” refers to a person appointed by the court to act on behalf of a ward’s person or property, or a personal representative on behalf of a mentally incompetent person with a durable power of attorney that preceded the incompetence, who submits an application on behalf of a victim for the Dozier and Okeechobee School Victim Compensation Program.

(b) “Application” refers to form BVC100DO, Dozier and Okeechobee School Victim Compensation Claim Form (version 07/24), incorporated herein by reference, available at www.MyFloridaLegal.com/DozierSchool or http://www.flrules.org/Gateway/reference.asp?No=Ref-16989. An application must be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050 or faxed to (850)488-2014 or emailed to DozierClaims@MyFloridaLegal.com.

(c) “Bureau” means the Bureau of Victim Compensation (BVC) within the Division of Victim Services and Criminal Justice Programs of the Office of the Attorney General, Department of Legal Affairs.

(d) “Victim” refers to a person who attests to suffering physical, mental, or sexual abuse; or, was subjected to other forms of abuse including corporal punishment, excessive force, dismissive safety controls, or rehabilitative negligence, perpetuated by school personnel while confined at the Arthur Dozier School for Boys in Marianna or the Okeechobee School, beginning from 1940 through 1975, as described by Chapter 2024-254, Laws of Florida.

(2) Documentation Requirements.

(a) The Bureau will provide notice of the availability of compensation by offering the BVC100DO, Dozier and Okeechobee School Victim Compensation Claim Form, for download on the Florida Attorney General’s official website at www.MyFloridaLegal.com, with a header titled "The Dozier School for Boys and Okeechobee School Victim Compensation Program."

(b) The victim or applicant has the ultimate responsibility to provide information and documentation needed to support eligibility and payment authorization under this rule. Failure to fully complete the application or provide supporting documentation shall result in a denial of the claim. Required documents include:

Completed, signed, and dated application, with a signature witnessed by a notary public whose commission is current on the date the signature is captured.
Proof of confinement at the Arthur Dozier School for Boys in Marianna or Okeechobee School, beginning from 1940 through 1975 may include school records submitted with a notarized certificate of authenticity signed by the records custodian, or certified court documents.
Acceptable proof of victimization includes a notarized statement signed by the victim or applicant attesting to the abuse suffered. Alternatively, completion of sections six and seven on the application, with the victim or applicant’s notarized signature on the application, is acceptable for purposes of attesting to the victimization experienced.

(c) The Bureau shall issue a notice of ineligibility to deny to victim or applicant who fails to meet the qualifications for compensation, and such notice shall be sent via certified mail, return receipt requested, to the address of record. A victim or applicant denied compensation may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes.

(3) Upon completion of the review and determination of eligibility or denial on all applications and supplemetal material received on or before December 31, 2024, the Bureau shall award a payment on eligible claims representing an equal share of funds appropriated by the Florida Legislature.

History

Rulemaking Authority Chapter 2024-254 LOF. Law Implemented Chapter 2024-254 LOF. History–New 9-23-24.

Chapter 2A-5 CONVENIENCE BUSINESS SECURITY

Fla. Admin. Code R. 2A-5.001 Purpose

History

Rulemaking Authority 812.176 FS. Law Implemented 812.171, 812.172, 812.1725, 812.173, 812.174, 812.175, 812.176 FS. History–New 4-30-93, Repealed 7-25-95.

Fla. Admin. Code R. 2A-5.002 Definitions

History

Rulemaking Authority 812.176 FS. Law Implemented 812.171, 812.172, 812.1725, 812.173, 812.174, 812.175, 812.176 FS. History–New 4-30-93, Repealed 6-25-96.

Fla. Admin. Code R. 2A-5.003 General Provisions

History

Rulemaking Authority 812.176 FS. Law Implemented 812.171, 812.173, 812.174, 812.175, 837.05 FS. History–New 4-30-93, Repealed 7-25-95.

Fla. Admin. Code R. 2A-5.004 Application for Preemption Exemption

History

Rulemaking Authority 812.176 FS. Law Implemented 812.1725 FS. History–New 4-20-93, Repealed 6-25-96.

Fla. Admin. Code R. 2A-5.005 Safety Standards, Training Curriculum, and Enforcement

History

Rulemaking Authority 812.176 FS. Law Implemented 812.173, 812.174, 182.175 FS. History–New 4-20-93, Joint Administrative Procedures Committee Objection Filed–See FAR Vol. 19, No. 48, December 3, 1993, Amended 2-24-94, Amended 6-25-96, 4-28-98, 8-4-09, Amendment resolved Joint Administrative Procedures Committee objection 2-24-94, Florida Administrative Register Vol. 35, No. 27, July 10, 2009, Amended 11-8-20, Repealed 9-20-21.

Fla. Admin. Code R. 2A-5.006 Application Procedure and Criteria for Silent Alarm Exemption

History

Rulemaking Authority 812.176 FS. Law Implemented 812.173 FS. History–New 4-20-93, Repealed 6-25-96.

Fla. Admin. Code R. 2A-5.007 Options for Tier II Convenience Businesses

History

Rulemaking Authority 812.176 FS. Law Implemented 812.173 FS. History–New 4-20-93, Repealed 6-25-96.

Fla. Admin. Code R. 2A-5.008 Notice of Exemption from Required Options for Tier II Convenience Businesses

History

Rulemaking Authority 812.176 FS. Law Implemented 812.173 FS. History–New 4-20-93, Repealed 6-25-96.

Fla. Admin. Code R. 2A-5.009 Training of Employees

History

Rulemaking Authority 812.176 FS. Law Implemented 812.174 FS. History–New 4-20-93, Repealed 6-25-96.

Fla. Admin. Code R. 2A-5.010 Procedure for Employee Curriculum Approval

History

Rulemaking Authority 812.176 FS. Law Implemented 812.174 FS. History–New 4-20-93, Amended 6-25-96, Repealed 11-8-20.

Fla. Admin. Code R. 2A-5.011 Enforcement

History

Rulemaking Authority 812.176 FS. Law Implemented 120.57, 812.175 FS. History–New 4-20-93, Amended 6-25-96, 4-28-98, 8-4-09, 10-24-12, Repealed 11-8-20.

Fla. Admin. Code R. 2A-5.012 Local Agreements

History

Rulemaking Authority 812.176 FS. Law Implemented 812.175 FS. History–New 4-20-93, Repealed 6-25-96.

Chapter 2A-7 ADDRESS CONFIDENTIALITY PROGRAM (ACP)

Fla. Admin. Code R. 2A-7.001 Definitions

(1) “Address Confidentiality Program” is the statutorily created program responsible for implementing the provisions of sections 741.401-.4651, F.S., within the Office of the Attorney General.

(2) “Agency or Governmental Entity” means an office, department, division, bureau, board, commission, or other statutory unit of state or local government or any functional subdivision of the aforementioned.

(3) “Applicant” means an adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of a person adjudicated incapacitated under chapter 744, F.S., who is applying to the department to have an address designated by the department serve as the person’s address or the address of the minor or incapacitated person.

(4) “Applicant Assistant” means an employee of a state or local agency, or a non-profit organization that has been designated by the department to assist individuals in applying for enrollment in the program.

(5) “Authorization code” is the identification number assigned to a participant.

(6) “Authorized personnel” means an employee of the Department of State, Division of Elections, or Supervisor of Elections, who has been designated by the chief executive officer of the respective agency to process and access voter application and voting records pertaining to program participants.

(7) “Department” means the Department of Legal Affairs, Office of the Attorney General.

(8) “Domestic Violence” means an act as defined in section 741.28, F.S., and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.

(9) “Protected records voter” means a program participant who is registered and qualified to vote in this state and has requested a vote-by-mail ballot pursuant to section 101.62, F.S.

(10) “Record” means any information relating to the conduct or performance of a governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.

(11) “Stalking” means an act as defined in section 784.048, F.S.

(12) “Substitute mailing address” means the mailing address designated by the department which shall not be the participant’s residential address.

History

Rulemaking Authority 741.409 FS. Law Implemented 741.402, 741.403, 741.405, 741.406, 741.408 FS. History–New 1-27-99, Amended 5-4-11, 10-3-11, 9-26-16.

Fla. Admin. Code R. 2A-7.002 Application and Certification Process

History

Rulemaking Authority 741.409 FS. Law Implemented 741.403, 741.408 FS. History–New 1-27-99, Repealed 5-4-11.

Fla. Admin. Code R. 2A-7.0021 Eligibility

(1) A person who is a victim of domestic violence, or stalking, is eligible to apply for participation in this program.

(2) A person who is a victim of domestic violence or stalking who relocates to Florida may apply for enrollment and is subject to the same eligibility criteria as Florida residents.

(3) A name change will result in the participant’s cancellation from the program. However, an individual may re-apply by completing an application for enrollment.

(4) Participation in this program cannot be used to circumvent or nullify any other Florida law that requires an individual to register her or his address with another public agency.

History

Rulemaking Authority 741.409 FS. Law Implemented 741.403, 741.404, 741.405, 741.406, 741.409, 741.465, 741.4651 FS. History–New 5-4-11, Amended 10-3-11.

Fla. Admin. Code R. 2A-7.0022 Application Process

(1) The applicant shall provide the following information to the department:

(a) Full legal name,

(b) Date of birth,

(d) Actual home address (street number and name, city, state, zip code),

(e) Mailing address (if different),

(f) Home telephone number,

(g) Work telephone number,

(h) Other telephone number where applicant can be reached,

(i) Name and physical address of employer(s),

(j) School name and physical address if applicable,

(k) A signed and dated sworn statement by the applicant that he or she has good reason to believe that he or she, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence or stalking, and that the applicant fears for his or her safety or his or her children’s safety or the safety of the minor or incapacitated person on whose behalf the application is made.

(2) An application for enrollment may be obtained from an applicant assistant at selected state or local agencies or non-profit organizations that have been designated by the department to assist in the application process.

(3) The application must be received by the department at the following address: Office of the Attorney General, Address Confidentiality Program, P.O. Box 6298, Tallahassee, Florida 32314-6298.

(4) An eligible applicant who has filed a properly completed application with the department shall be certified as a participant. Upon certification, each participant will be issued an authorization card, which will include the following:

(a) Participant’s name,

(b) Authorization code,

(d) Expiration date.

(5) Certification shall be effective on the date the application is approved by the department.

(6) Mail received by the department that does not include the name and authorization code of a certified participant may not be able to be forwarded.

(7) If mail forwarded by the department to the participant is returned by the post office, the department will attempt to contact the participant by telephone to verify the address. If contact is not successful within seven days, the participant’s certification will be cancelled and the mail will be returned to the United States Postal Service.

History

Rulemaking Authority 741.409 FS. Law Implemented 741.403, 741.404, 741.405, 741.406, 741.409, 741.465, 741.4651 FS. History–New 5-4-11, Amended 10-3-11.

Fla. Admin. Code R. 2A-7.0023 Participant Responsibilities

(1) The participant shall keep the department informed of her or his current mailing address. The last known address provided to the department will be the address of record.

(2) To protect her or his address confidentiality and exercise her or his right to vote pursuant to section 741.406, F.S., the participant must personally go to the main office of the county supervisor of elections and request a vote-by-mail ballot.

History

Rulemaking Authority 741.409 FS. Law Implemented 97.0585, 741.403, 741.404, 741.406 FS. History–New 5-4-11, Amended 9-26-16.

Fla. Admin. Code R. 2A-7.0024 Applicant Assistant Duties and Responsibilities

(1) Only those individuals who are employed with a state or local agency or non-profit organization designated by the department and who have completed the required training may assist a victim in applying for enrollment in the program.

(2) An applicant assistant must complete required training every four years. Required training is available only through the department.

(3) The applicant assistant will verify the applicant’s identity and forward original and supporting documents to the department within 72 hours of completion.

(4) Approval to serve as an applicant assistant is assigned to the individual at a designated state or local agency or non-profit organization and is not transferrable. The applicant assistant serves at the pleasure and on behalf of the department, and may have designation as an applicant assistant terminated with or without cause.

(5) Upon notice to the department by the designated agency that the applicant assistant is no longer employed by that agency, the individual applicant assistant’s approval will be rescinded.

History

Rulemaking Authority 741.409 FS. Law Implemented 97.0585, 741.403, 741.408 FS. History–New 5-4-11, Amended 9-26-16.

Fla. Admin. Code R. 2A-7.003 Responsibility of State and Local Agencies and Governmental Entities

(1) When an active participant presents her or his authorization card to a state or local agency or governmental official when creating a new record and requests address confidentiality through the use of the substitute mailing address as it appears on the authorization card, the agency official creating a new record may make a file photocopy of the authorization card and shall immediately return the authorization card to the program participant.

(2) A state or local agency shall accept the substitute mailing address unless the agency has received a written exemption from the department pursuant to section 741.405, F.S.

(3) In the event that an authorization card is lost or stolen, or an emergency situation exists, verification of a client’s participation in the ACP may be made by calling the ACP at (850)414-3300 or the Attorney General’s Victim Information and Referral Line at 1(800)226-6667.

History

Rulemaking Authority 741.409 FS. Law Implemented 741.405 FS. History–New 1-27-99, Amended 5-4-11.

Fla. Admin. Code R. 2A-7.004 Certification Renewal

History

Rulemaking Authority 741.409 FS. Law Implemented 741.403 FS. History–New 2-4-99, Repealed 5-4-11.

Fla. Admin. Code R. 2A-7.005 Certification Withdrawal, Invalidation, Expiration, and Cancellation

(1) A participant may withdraw from the program by submitting written notification of her or his intent to withdraw and shall return the department-issued authorization card to the department. Certification shall be canceled immediately upon receipt of the notification.

(2) If the department cancels a participant’s certification pursuant to section 741.404, F.S., the department shall send written notice of the cancellation to the participant’s address of record. The participant shall be advised of the right to appeal the cancellation.

(3) Cancellation of certification in the program will result in cancellation for the primary and all secondary participants.

(4) To protest a cancellation, the participant must request a hearing pursuant to the provisions of sections 120.569 and 120.57, F.S.

(5) If the participant was a protected records voter, the department shall notify the Department of State, Division of Elections that the participant’s certification has been canceled.

(6) The substitute mailing address is a post office box that is shared with other participants. The participant is not an authorized boxholder customer and is prohibited from filing a change of address with the United States Postal Service when she or he is no longer a program participant.

History

Rulemaking Authority 741.409 FS. Law Implemented 741.404 FS. History–New 1-27-99, Amended 5-4-11, 9-26-16.

Fla. Admin. Code R. 2A-7.006 Information Release to Law Enforcement Agency

A request from a law enforcement agency for release of records in a participant’s file shall be made in writing to the department and shall contain the request date, the name of the participant and a copy of the active arrest warrant.

History

Rulemaking Authority 741.409 FS. Law Implemented 741.765 FS. History–New 1-27-99, Amended 5-4-11.

Fla. Admin. Code R. 2A-7.007 Agency Use of Designated Address and Agency Exemption Request

An agency seeking exemption under section 741.405, F.S., must provide in writing to the department the specific statute or administrative rule which demonstrates the agency’s bona fide requirement and authority to use the participant’s actual address.

History

Rulemaking Authority 741.409 FS. Law Implemented 741.405 FS. History–New 1-27-99, Amended 5-4-11.

Fla. Admin. Code R. 2A-7.008 Service of Process

(1) Service of Process for participants shall be made on the department by mailing two copies of the service of process documents to the substitute mailing address or to the Office of the Attorney General, The Capitol, PL-01, Tallahassee, Florida 32399-1050.

(2) Following service on the department, the documents shall be sent by certified mail, return receipt requested, to the participant’s address of record.

(3) In the event the participant’s certification has expired or has been cancelled, the service of process will be returned to sender and service declined.

History

Rulemaking Authority 741.409 FS. Law Implemented 741.403 FS. History–New 1-27-99, Amended 5-4-11.

Fla. Admin. Code R. 2A-7.009 Maintaining Protected Records Voter Information

(1) The Department of State, Division of Elections, shall notify the department when a participant requests protected record status.

(2) All records pertaining to a protected records voter shall be maintained in a manner ensuring that these records are accessible only to authorized personnel. A protected records voter shall not be included in any registered voter list, a vote-by-mail ballot list, tape, label, or poll book, electronic or otherwise, that is available to the public. Information pertaining to a protected records voter shall not be publicly accessible regardless of the type of records management system except as provided by sections 741.407 and 741.465, F.S.

History

Rulemaking Authority 741.409 FS. Law Implemented 97.0585, 741.406-.407, 741.465 FS. History–New 1-27-99, Amended 5-4-11, 9-26-16.

Chapter 2A-8 LAW ENFORCEMENT OFFICER DEATH BENEFITS

Fla. Admin. Code R. 2A-8.001 Scope

History

Rulemaking Authority 112.19 FS. Law Implemented 112.19 FS. History–New 12-10-03, Repealed 10-6-20.

Fla. Admin. Code R. 2A-8.002 Definitions

History

Rulemaking Authority 112.19 FS. Law Implemented 112.19 FS. History–New 12-10-03, Repealed 10-26-15.

Fla. Admin. Code R. 2A-8.003 Ability to Pay Benefits

History

Rulemaking Authority 112.19 FS. Law Implemented 112.19 FS. History–New 12-10-03, Repealed 10-6-20.

Fla. Admin. Code R. 2A-8.004 Designation of Beneficiary or Beneficiaries

History

Rulemaking Authority 112.19 FS. Law Implemented 112.19 FS. History–New 12-10-03, Repealed 10-6-20.

Fla. Admin. Code R. 2A-8.005 Adjustments to Reflect Consumer Price Index

History

Rulemaking Authority 112.19 FS. Law Implemented 112.19 FS. History–New 12-10-03, Amended 8-17-04, 7-26-05, 7-26-06, 7-15-07, 7-20-08, 7-20-09, 7-4-10, 7-18-11, 8-21-12, 7-3-13, 7-2-14, 7-5-15, 12-24-15, 6-30-16, 6-29-17, 7-4-18, Repealed 9-26-19.

Chapter 2A-9 CRIME STOPPERS GRANTS

Fla. Admin. Code R. 2A-9.001 Definitions

(1) “Administrative Fees” means monies from the Crime Stoppers Trust Fund, which are appropriated by the Department for the administration and management of the trust fund and crime stoppers grants.

(2) “Advance Payment” means an advance of up to three months of anticipated expenses for program start-up, which may not exceed one quarter of the grant total. Subsequent payment shall be based on reimbursement of monthly expenditures as reported by the official member. Settlement of an advance payment shall begin during the last quarter, or when 75% of the budget has been utilized, whichever occurs first.

(3) “Allowable cost” means only those costs that have been submitted and approved by the Department.

(4) “Authorizing officials” means the person(s) who has the authority or is empowered by a crime stoppers organization or a unit of local government to enter into a legally binding contract to facilitate a grant in aid from the Crime Stoppers Trust Fund.

(5) “Community event” means a location and time that can be reasonably anticipated to be attended or frequented by community residents.

(6) “Court costs/assessment collection” means deposits which are made by each county into the Crime Stoppers Trust Fund by the clerks of the courts during the 12-month period between March 1 of any calendar year and ending February 28 of the following calendar year, pursuant to Section 938.06, F.S.

(7) “Crime Stoppers Organization” means a private, 501(c)(3) corporation, which meets all requirements of the Department and the Florida Association of Crime Stoppers to be an official member.

(8) “Department” means the Department of Legal Affairs, Office of the Attorney General.

(9) “EGrants management system” means the online system utilized by the Office of the Attorney General which is designed to aid the management of the overall grant documentation process and is found at the following address: https://egrants.myfloridalegal.com. Access to the EGrants management system for the purpose of these rules is restricted to official members. Access can be requested through the EGrants management system or by contacting the Office of the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050, by telephone at (850)414-3360.

(10) “Financial consequences” are as described pursuant to Section 215.971, F.S.

(11) “Fiscal and programmatic accountability review” means a review of a grant recipient’s records to monitor compliance with the terms and conditions of the grant agreement.

(12) “Florida Association of Crime Stoppers” means the Florida Association of Crime Stoppers, Incorporated, a Florida Corporation of which all crime stoppers organizations who receive funds must be members in good standing.

(13) “Grant period” means the time during which grants shall commence and end during the 12-month period beginning July 1 of one calendar year and ending June 30 of the following calendar year.

(14) “Official member” means each crime stoppers organization who is a member in good standing with the Florida Association of Crime Stoppers for the grant period, is registered as a state of Florida non-profit organization, and is recognized by the Internal Revenue Service as being tax exempt under 501(c)(3) of the Internal Revenue Code.

(15) “Member in Good Standing” means official members who meet the requirements of membership as determined by the Florida Association of Crime Stoppers.

(16) “Promotional materials” means items of tangible personal property that are given away, or otherwise distributed, to the public to increase public awareness of, and to educate the public about, a particular crime stoppers organization, as authorized by Section 16.555(5)(c), F.S.

(17) “Recipient” is as defined in Section 215.97, F.S.

(18) “Unused funds” pursuant to Section 16.555(6)(c), F.S., means the total of all unencumbered monies remaining in the Crime Stoppers Trust Fund on the last day of the fiscal year, except for monies collected as a result of financial consequences.

History

Rulemaking Authority 16.555(6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New 6-22-15, Amended 12-10-15, 1-17-18.

Fla. Admin. Code R. 2A-9.002 Grant Eligibility

(1) Grants will only be awarded to official members, who have been provided a letter of agreement, or similar document, from the Board of County Commissioners for the county for which the grant is requested, unless the county has separately applied for the grant. Only one official member is eligible for support within any county and only one grant may be active per county at any one time.

(a) The Florida Association of Crime Stoppers must submit to the Department by June 15 of each year a list of the crime stoppers organizations which are in good standing.

(b) Within 5 days of determining same, the Florida Association of Crime Stoppers shall provide to the Department in writing the name of any organization which is no longer in good standing.

(c) A crime stoppers organization, who receives a grant from the trust fund, shall inform the Department within 10 days should it lose its standing as a Florida non-profit organization, is no longer recognized by the Internal Revenue Service as being a tax exempt organization under 501(c)(3) of the Internal Revenue Code, or loses its status as a member in good standing.

(d) Crime stoppers organizations that have had the letter of agreement, or similar document, revoked by their Board of County Commissioners shall immediately inform the Department of same.

(e) If a crime stoppers organization is determined by the Department to no longer be an official member, then the Department shall notify the crime stoppers organization within 5 working days by certified mail or by email that reimbursements will not be processed for payment until the Department has been notified that the crime stoppers organization is in good standing with the Florida Association of Crime Stoppers, has had their letter of agreement, or similar document, reinstated by the Board of County Commissioners, has regained its standing as a Florida non-profit organization, and is recognized by the Internal Revenue Service as being a tax exempt organization under 501(c)(3) of the Internal Revenue Code, as applicable.

(f) Expenditures incurred during the period in which the crime stoppers organization is determined not to be an official member or is acting without the specific authorization of their Board of County Commissioners shall be deemed ineligible for reimbursement.

(2) Crime stoppers organizations applying for grant funding, as a part of their application, must submit a letter of agreement, or similar, from the county which gives the crime stoppers organization the authority as its “agent” for the purpose of applying for, receiving, and expending Crime Stoppers Trust Fund monies. The letter of agreement will remain in effect for no more than three years.

(3) If the county elects to apply for grant funding instead of granting authority to the crime stoppers organization, then the following shall apply:

(a) The county must be served by an official member.

(b) The county must submit a letter with their application that states that the grant funding will only be used to support Crime Stoppers and their crime fighting programs.

(4) Only one crime stoppers organization per county shall be eligible to receive funding from the Crime Stoppers Trust Fund.

(5) A single crime stoppers organization may serve multiple counties with appropriate letters of agreement from each county that authorizes same to serve as the official member for that county.

History

Rulemaking Authority 16.555(6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New 6-22-15, Amended 12-10-15, 8-20-18, 6-18-26.

Fla. Admin. Code R. 2A-9.003 Grant Application

(1) Grants will be awarded by the Department on an annual basis, subject to the availability of funds and the spending authority granted the Department by the Legislature, and shall be distributed pursuant to Section 16.555(5)(b), F.S.

(2) The amount of funding available for a crime stoppers organization or a county will be determined by the Department based upon all monies deposited pursuant to Section 938.06, F.S., available unused funds, the Department’s spending authority, and monies collected pursuant to financial consequences.

(3) The Department shall provide all known official members the following no later than April 1st of each calendar year:

(a) The total funds available to each county for current year grant applications; and,

(b) All applicable grant related forms and documentation.

(4) All applicable application forms, supporting document requirements, and instructions are available by contacting the Office of the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050, by telephone at (850)414-3360, or by logging into the EGrants management system.

(5) Applications will be accepted by the Office of the Attorney General through the EGrants management system beginning April 1st through the close of business on April 30th, unless an extension of time has been granted by the Department. Applications must include:

(a) The original, fully completed and signed form CSA-1, entitled “Florida Crime Stoppers Trust Fund Grant Application,” effective July 2017. The application form is incorporated into this rule by reference at the following address: http://www.flrules.org/Gateway/reference.asp?No=Ref-06124.

(b) Letter of Agreement(s), or similar document, from the county board of county commissioners authorizing the organization to apply for, receive, and expend grant funds. The letter of agreement will remain in effect for no more than three years.

(c) Documentation that the organization is an official member of the Florida Association of Crime Stoppers, Inc., in good standing, unless the information is submitted by the association.

(d) If a county is the applicant, a letter from the crime stoppers organization serving the county, which must be renewed and resubmitted every three years.

(e) Job descriptions and minimum qualifications for all proposed Crime Stoppers Trust Fund-funded personnel or contract labor.

(f) Copies of any office or other types of leases.

(6) Applications will be reviewed by the Department to determine if the conditions prescribed in the application have been satisfied and are in compliance with Section 216.3475, F.S.

(7) The Department will notify the applicant through the EGrants management system of the date that the applicant’s grant application is considered complete and acceptable. The Department will have 30 business days from the date of the acceptance of the complete grant application to provide the applicant with a contract for execution or from the date the Governor signs the state budget, whichever is later.

(8) Grants will be awarded annually by the Department, who may approve any portion of a grant budget up to the total amount requested. Approval of a grant application is subject to:

(a) Availability of funds;

(b) An applicant’s performance and compliance with the terms and conditions of a current or prior year grant agreement;

(d) A limit of one grant award for each county within a judicial circuit per year that meets the requirements of the grant evaluation procedure.

History

Rulemaking Authority 16.555(6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New 6-22-15, Amended 12-10-15, 1-17-18, 6-18-26.

Fla. Admin. Code R. 2A-9.004 Funding Requirements

(1) All deliverables must be funded in whole or in part with grant funds.

(2) A minimum of 45 percent of the total grant funds must be allocated to the budget category of Rewards and Public Education with no more than 15% of the total grant funds being designated for the purchase of promotional materials.

(a) Budget line items associated with rewards shall include, but are not limited to, rewards to tipsters, costs of tip lines, costs for answering services, software to disseminate tips and law enforcement coordinator’s cell phone.

(b) Budget line items associated with public education shall include, but are not limited to, re-enactments, billboards, brochures, bus-wraps, electronic media, program public awareness, and promotional materials.

(3) Operating Expenses shall include, but are not limited to:

(a) Budget line items relating to general office expenses, educational purposes, travel, and equipment.

(b) Budget line items associated with the payment of dues are for the Florida Association of Crime Stoppers, Southeastern Crime Stoppers Association and Crime Stoppers U.S.A. Requests for reimbursement of dues for another organization will be reviewed by the Department for approval, which will be based upon the organization’s connection with Crime Stoppers and furtherance of its crime fighting goals.

(c) Budget line items associated specifically with travel must adhere to guidelines established in the Department Travel policy.

(d) Travel outside of the continental United States is prohibited.

(4) Up to a maximum of 35 percent of the total grant funds may be allocated to the budget category of Salary and Benefits. Funds shall only be eligible for use for civilians employed by a crime stoppers organization, law enforcement personnel serving in the capacity of “law enforcement coordinator” and/or civilian support staff employed by the law enforcement agencies whose regularly scheduled duties are dedicated to the crime stoppers organization.

(a) Salary and benefits funding shall not include, on-call time, performance bonuses, special detail pay, stand-by or call-back time.

(b) Only that percentage of time dedicated to the crime stoppers organization shall be funded.

(c) Those unused Salary and Benefits funds, with the approval of the Department, may be used in the Operating Expense, or Rewards and Public Education categories.

(d) Governmental employees’ holiday pay shall be calculated pursuant to the holiday pay policy set by the employee’s governmental agency. Non-governmental employees are eligible to be paid for State of Florida recognized holidays at a rate calculated at 1.5 times their regular hourly rate.

(5) At the end of each grant period, unexpended advance payments and other unused funds shall be returned to the department to be re-deposited into the Crime Stoppers Trust Fund.

(6) Payment must be complete, and services must be provided, before reimbursement by the Department can be made.

(7) Mission critical expenses can be paid upon express written approval of the Department, by one Official Member for another, upon written request and provided that:

(a) The program seeking to make payment has sufficient funds available in the appropriate budget category;

(b) The program seeking to receive payment has exhausted all alternative payment options; and,

(8) Notwithstanding the above, an Official Member, upon written request and with express written approval of the Department, can pay all allowable expenses associated with a single criminal act out of funds previously awarded, provided that:

(a) The criminal act at issue to the request creates an unexpected and substantial increase in expenses which could not have been anticipated in the Official Member’s budget request;

(b) The Official Member has sufficient funds available in their current total grant award; and,

(c) The Official Member documents and separately reports those allowable expenses directly related to the crime at issue to the request.

History

Rulemaking Authority 16.555(6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New 6-22-15, Amended 2-7-17, 5-16-17, 1-17-18, 8-20-18, 4-17-22, 6-18-26.

Fla. Admin. Code R. 2A-9.005 General Requirements

(1) All grant recipients are required to coordinate with appropriate governmental agencies to support and enhance efforts to train the public in crime prevention methods and in personal safety principles, especially for citizens who live in, work at, or frequent locations having high crime rates. No trust funds can be used to supplement or replace another agency’s existing budget.

(2) Budget amendment requests for transfers between funded line items within the same budget category will be given priority status by the Department and will be reviewed for approval within 3 business days of receipt of the written request for same.

(3) All other requests to amend the agreement must be submitted in writing to the Department for approval prior to implementing the request. The Department will respond to such requests within (30) days of receipt.

(4) Budget amendments must be approved in writing by the Department prior to the expenditure or any adjustments between previously approved budget categories and/or line items.

(5) If a grant recipient incurs expenditures prior to the contract period of any grant year or prior to the date when the agreement has been signed by all parties those expenditures will be deemed ineligible for reimbursement.

History

Rulemaking Authority 16.555(6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New 6-22-15, Amended 6-18-26.

Fla. Admin. Code R. 2A-9.006 Programmatic and Reimbursement Requirements

(1) Expenditures must comply with contractual obligations, all applicable Florida Statutes, rules and guidelines, and provisions of the Florida Administrative code, and cannot be for the following:

(a) Subcontract for any service;

(b) Lobbying;

(d) Food;

(e) Decorative items;

(f) Refreshments;

(g) Uniforms or uniform accessories

(h) Awards for contests;

(i) Vehicles;

(j) Mileage for rental vehicles, mileage for grant-funded vehicles, personal mileage, or commute mileage;

(k) Car rentals exceeding state guidelines;

(l) Confidential informant fees;

(m) Performance bonuses, holiday bonuses, special detail pay, stand-by or call-back pay, or unused sick or annual leave;

(n) Private security guard services;

(o) Car or hand-held radios;

(p) Standard supplies for law enforcement officers;

(q) Magazine subscriptions;

(r) Finance charges such as late payment fees, bank overdraft fees, or credit card fees, or any fee associated with a line of credit;

(s) Office renovation;

(t) Fund raising, including any application fee to any Agency for solicitation/fundraising, or

(u) Legal fees.

(2) The following documentation is required, as applicable:

(a) Invoice, which must include, as applicable:

Description of item(s) or services purchased,
Period of performance,
Quantity; and,
Proof that the purchase was made in the grant year for which reimbursement is sought.

(b) Method of payment, which may include:

Copy of a bank statement with included debit transactions,
A copy of the cleared check, or
Receipts for cash payments by the organization.

(d) Board Minutes indicating approval for any expenses that have been completed applicable to the current grant year application;

(e) Reimbursements for advertising an organization’s tip line, text-a-tip, or web address must include sufficient proof that services were received, and that the advertisement included an appropriate Department acknowledgement;

(3) Sufficient funds must remain in the line item associated with the expenditure for which reimbursement is sought prior to purchase or payment and the expenditure must be detailed in the approved budget narrative;

(4) Performance must have taken place within the same grant year as the expenditure; except for maintenance agreements, software license agreements, subscriptions, and annual advance payments on annual agreements which are $1,800 or less;

(5) All promotional and advertising materials purchased using grant funds are required to be printed with “Pd by CSTF.”

(6) Persons approving payments must have appropriate authority to authorize same.

(7) The following requirements also apply to reward reimbursements:

(a) The tipster’s identity must remain anonymous and unknown to the organization and law enforcement. The Department will not approve reimbursements for rewards where the tipster’s identity is known;

(b) The tip must be processed in such a way as to protect the anonymity of the tipster, and the tip must be made through the organization’s anonymous tip line, text-a-tip, website, or other Department approved method;

(c) The Department will not approve reimbursements for rewards paid to confidential informants pursuant to Section 914.28(2)(a), F.S.;

(d) The tip must lead to an arrest, arrest warrant, or recovery of stolen property or drugs. Recovered property does not include guns turned into law enforcement pursuant to a gun buy-back program. Documentation in the form of a law enforcement report, arrest affidavit, arrest warrant, or other certified statement from law enforcement documenting the arrest, issuance of an arrest warrant, or recovery of stolen property or drugs must be kept by the organization and must be available at any time upon request of the Department;

(e) The tip must be approved by the organization’s board of directors or reward committee prior to payment to the tipster. Any payment made more than 120 days after approval by the board of directors or reward committee must be re-approved prior to payment to the tipster;

(f) Except for rewards associated with a crime pursuant to subsection 2A-9.004(8), F.A.C., the request for reimbursement for the payment of a tip must be less than or equal to $5,000.00 for all crimes and less than or equal to $9,500.00 for homicide crimes;

(g) The organization must provide the Department or its agent all appropriate documentation and unique tip numbers required to document all steps from receipt of the tip through payment of the reward; and,

(h) The organization must provide the Department, or its agent, documentation that indicates the reward was made available to the tipster within 10 days from the date of the board’s approval or 10 days from the date the tipster has re-contacted the organization.

(8) Form CSA-2, entitled “Attachment B Florida Crime Stoppers Trust Fund Programmatic and Reporting Requirements,” revised 7/2017, which is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06125. The following forms are included, and are available in the EGrants Management System or at http://www.fcpti.com:

(a) Form CSA-2.1, entitled “Reimbursement Request/Expenditure Report,” revised 7/2017, is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06126.

(b) Form CSA-2.1A1, entitled “Operating Expenses – Invoice Tracking Form,” revised 7/2017, is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06127.

(c) Form CSA-2.1A3, entitled “Public Education – Invoice Tracking Form,” revised 7/2017, is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06129.

(d) Form CSA-2.1B, entitled “OAG Tip Report,” revised 7/2017, is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06130.

(e) Form CSA-2.1C, entitled “Salaried Employees Invoice Tracking,” revised 7/2017, is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06131.

(f) Form CSA-2.1D, entitled “Project Specific Timesheet,” revised 7/2017, is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06132.

(g) Form CSA-2.1E, entitled “Daily Vehicle Use Log,” revised 7/2017, is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06133.

(h) Form CSA-2.1F, entitled “Property Inventory Report,” revised 02/2021, is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-13077.

(i) Form CSA-2.2, entitled “Budget Modification,” revised 7/2017, is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06135.

(j) Form CSA-2.3, entitled “Program Modification Request,” revised 8/2015, is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06136.

(k) Form CSA-2.4, entitled “Crime Stoppers Monthly Performance Report,” revised 7/2017, is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-08773.

(9) Additional forms:

(a) Form CSA-3, entitled “Florida Crime Stoppers Trust Fund Advance Payment Request Invoice,” revised 8/2015, is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06139.

(b) Form CSA-4, entitled “Postage Log,” revised 8/2015, is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06140.

(c) Form CSA-5, entitled “OAG Event Reporting Form,” revised 8/2015, is available at http://www.fcpti.com, and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-06141.

(d) Form CSA-6, entitled “Attachment C- Crime Stoppers Trust Fund Monthly Performance Report – Deliverables,” revised 7/2017, is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-08774.

(e) Form CSA-7, entitled “CRST Audit – Programmatic and Fiscal Review,” revised 07/2017, is available within the EGrants Management System and is incorporated into this rule by reference at the following address: https://www.flrules.org/Gateway/reference.asp?No=Ref-08775.

History

Rulemaking Authority 16.555(6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New 6-22-15, Amended 12-10-15, 2-7-17, 5-16-17, 1-17-18, 6-22-20, 11-24-20, 5-18-21, 6-18-26.

Fla. Admin. Code R. 2A-9.007 Unused Funds

(1) A discretionary grant may be awarded to a crime stoppers organization from unused funds if available, if the discretionary grant does not exceed the Department’s spending authority, and if the grant is approved for the following purposes:

(a) To initiate a campaign to form a crime stoppers organization in a county where a crime stoppers organization does not exist;

(b) To enhance a crime fighting effort to target a specific criminal element as a statewide initiative, or

(c) To initiate statewide training pertaining to crime fighting programs which support Crime Stoppers, law enforcement personnel, and/or the general public, or

(d) To support an Official Member and its crime fighting programs, by supplementing their existing award for unanticipated allowable expenses, and to allow for an increased award amount, for a single criminal act which creates an unexpected and substantial increase in expenses which could not have been anticipated by the Official Member.

(2) Unused funds shall be used for the coordination with appropriate governmental agencies to support and enhance efforts to train the public in crime prevention methods and in personal safety principles, especially for citizens who live in, work at, or frequent locations having high crime rates.

History

Rulemaking Authority 16.555(6) FS. Law Implemented 16.555, 16.556, 938.06 FS. History–New 6-22-15, Amended 5-16-17.

Fla. Admin. Code R. 2A-9.008 Crime Watch Programs

(1) Pursuant to a resolution of the district school board, and from the funding available pursuant to subsection 2A-9.003(2), F.A.C., a County may award a grant to fund a student crime watch program pursuant to Section 1006.07(3), F.S.

(2) A student crime watch program is a program established and approved by resolution of the district school board:

(a) To promote responsibility among students;

(b) To improve school safety; and

(c) To allow students and the community to anonymously relay information concerning unsafe and potentially harmful, dangerous, violent, or criminal activities, or the threat of these activities, to appropriate public safety agencies and school officials.

History

Rulemaking Authority 16.555(6) FS. Law Implemented 16.555, 16.556, 938.06, 1006.07(3) FS. History–New 8-20-18.

Division 2B Florida Elections Commission

Chapter 2B-1 PRACTICE AND PROCEDURE

Fla. Admin. Code R. 2B-1.002 Definitions

History

Rulemaking Authority 106.26 FS. Law Implemented 106.04(8), 106.07(8), 106.25(3) FS. History–New 9-11-06, Amended 12-25-07, Repealed 6-2-13.

Fla. Admin. Code R. 2B-1.0025 Complaints

(1) Any complaint alleging violations of the Florida Election Code over which the Florida Elections Commission has jurisdiction may be filed with the Commission.

(a) Within 5 days after receipt of a complaint, Commission staff shall conduct a technical and clerical review of the complaint to ensure that:

FEC Form 1, entitled “Complaint,” (5/17), which is hereby adopted and incorporated by reference and can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-08573, or from the Commission’s website at www.fec.state.fl.us, has been used to file the complaint,
All information required by FEC Form 1 has been provided, and all instructions on the complaint form have been followed,
A single respondent has been named in the complaint,
The complaint has not been submitted anonymously,
Any exhibits or attachments referenced in the complaint have been included with the complaint, and if multiple complaints have been submitted together, separate copies of exhibits or attachments referenced in each complaint have been attached to the complaint that references those exhibits or attachments,
The complaint has been properly signed by the complainant under oath in the presence of a notary public or other person authorized by law to administer oaths; and,
The complaint contains the original signature of the complainant.

(b) If a complaint does not comply with any of the requirements of paragraph (1)(a) of this rule, or is otherwise incomplete, Commission staff shall return the complaint to the complainant and identify the defect(s). Commission staff shall provide assistance or information to persons seeking to file a complaint, but shall not encourage, solicit, or discourage the filing of a complaint.

Complaints that are returned in accordance with this subsection remain confidential in accordance with Section 106.25(7), F.S.

(c) Commission staff shall assign a case number to each complaint which is not returned to the complainant, and Commission staff shall then deliver the complaint to the executive director in order for the executive director to determine whether the complaint is legally sufficient.

(2) Upon receipt of a complaint from Commission staff after the completion of the technical and clerical review required by subsection (1) of this rule, the executive director shall determine whether the complaint is legally sufficient. A complaint is legally sufficient if it meets the following criteria:

(a) The complaint alleges a violation of Chapter 104 or 106, F.S.;

(b) The complaint contains specific facts upon which the complainant bases the allegation of a violation of law;

(c) The complaint alleges a violation that occurred within two years of the date the complaint is filed with the Commission;

(d) The complaint is based on personal information or information other than hearsay; and,

(e) The complaint otherwise complies with the requirements of paragraph (1)(a) of this rule.

(3) If a person files a second complaint against the same person, the executive director shall determine that the second complaint is legally insufficient, if the second complaint alleges violations that are based upon the same facts or allegations that were raised or could have been raised in the first complaint.

(4) In determining the legal sufficiency of a complaint, the executive director shall consider any document referred to in the complaint and any material Commission staff has obtained in prior Commission investigations. In determining the legal sufficiency of a complaint alleging a violation of the campaign finance laws, the executive director shall also consider documents on file with the filing officer.

(5) When the executive director determines that a complaint is legally insufficient, the complainant and the respondent shall be notified. The notice shall include the reason the complaint is legally insufficient and notify the complainant that he has 14 days to correct the stated ground of insufficiency by filing FEC Form 2, entitled “Additional Complaint Information,” (5/17), which is hereby adopted and incorporated by reference and can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-08574 or from the Commission’s website at www.fec.state.fl.us. If the complainant does not respond within 14 days, the executive director shall close the case. If the complainant responds but does not provide information that corrects the stated ground of insufficiency, the case shall be closed. A corrected complaint must also be sworn as required by Section 106.25(2), F.S.

History

Rulemaking Authority 106.26(1) FS. Law Implemented 105.071, 106.25 FS. History–New 2-17-91, Amended 11-14-93, 3-19-96, 8-19-96, Formerly 1D-1.0025, Amended 1-11-99, 1-2-02, 2-15-04, 4-24-05, 6-2-13, 8-22-17.

Fla. Admin. Code R. 2B-1.0027 Subpoenas and Orders of Probable Cause

(1) A subpoena necessary to gather evidence during the investigation of a legally sufficient complaint shall be executed and issued by the executive director. The subpoena shall contain a notice that the person to whom the subpoena is directed may file a motion to quash or limit the subpoena with the Commission clerk and state the ground relied upon. At the request of any party, the Commission clerk shall schedule a motion hearing before a Commissioner designated by the Chairman to hear such non-dispositive matters. The filing of such a motion shall toll the time for responding to the subpoena. If the motion to quash is denied, the subpoena shall be complied with within five days of an oral or written ruling on the motion, whichever occurs first.

(2) Any order of probable cause entered by the Commission shall advise the respondent of the right to a hearing pursuant to Chapter 120, F.S., and the provisions of Rule 2B-1.004, F.A.C., which allow the Commission to designate a Commissioner or Commissioners to hold hearings involving disputed issues of material fact. Any order of probable cause shall further advise the respondent of the right to stipulate to the facts and proceed to a hearing before the full Commission to determine wilfullness only.

History

Rulemaking Authority 104.271(2), 106.26(1) FS. Law Implemented 104.271(2), 106.25, 106.26 FS. History–New 1-11-99, Amended 4-24-05, 6-2-13.

Fla. Admin. Code R. 2B-1.003 Minor Violations

(1) The Commission shall consider a violation of Chapter 106, F.S., a minor violation under the following circumstances:

(a) The violation is one of those identified in this rule;

(b) The complaint alleging the violation contains no legally sufficient violation(s) other than one or more of the violations identified in this rule;

(d) The respondent against whom the complaint was filed agrees to correct, if feasible, the conduct that resulted in a violation identified in this rule.

(2) The following violations are minor violations so long as the requirements of subsection (1) of this rule, have been met:

(a) Section 106.021(1)(b), F.S., failure of a candidate or political committee to properly designate a separate interest-bearing campaign account, so long as the account is identified as the campaign account of the candidate or political committee. A fine of $100 shall be imposed for each violation.

(b) Section 106.023, F.S., failure of a candidate to file a statement with the filing officer that says he or she has read and understands the requirements of Chapter 106, F.S., within ten days after filing his or her appointment of campaign treasurer and designation of campaign depository. A fine of $100 shall be imposed for each violation.

(c) Section 106.025(1)(c), F.S., failure of a person holding a campaign fund raiser to mark the tickets or advertising for the fund raiser with the required disclaimers. A fine of $250 shall be imposed for each violation.

(d) Section 106.07(7), F.S., failure of a candidate or political committee, in any reporting period during which the candidate or political committee has not received funds, made any contributions, or expended any reportable funds, to notify the filing officer in writing on the prescribed reporting date that no report is being filed on that date. A fine of $50 shall be imposed for each violation.

(e) Section 106.071(2), F.S., failure of a person making an independent expenditure for a political advertisement, other than a text message or a telephone call, to mark prominently the political advertisement with the required disclaimer. A fine of $250 shall be imposed for each violation.

(f) Section 106.143(1)(a), F.S., failure of a candidate, except a write-in candidate, making an expenditure for a political advertisement to mark prominently the political advertisement with the required disclaimer. A fine of $250 shall be imposed for each violation.

(g) Section 106.143(1)(b), F.S., failure of a write-in candidate making an expenditure for a political advertisement to mark prominently the political advertisement with the required disclaimer. A fine of $250 shall be imposed for each violation.

(h) Section 106.143(1)(c), F.S., failure of a person making an expenditure for a political advertisement to mark prominently the political advertisement as a “pd. pol. adv.” or a “paid political advertisement” and to identify the sponsor. A fine of $200 shall be imposed for each violation.

(i) Section 106.143(3), F.S., failure of a candidate running for a partisan office to mark his or her political advertisement with his or her political party affiliation or to indicate that he or she is running with no party affiliation. A fine of $200 shall be imposed for each violation.

(j) Section 106.143(3), F.S., stating a candidate’s political party affiliation in a political advertisement in a nonpartisan race, or any other campaigning by a candidate running for nonpartisan office based on party affiliation. A fine of $200 shall be imposed for each violation.

(k) Section 106.143(5)(a), F.S., failure of a candidate or a person on behalf of a candidate to state on the candidate’s political advertisement that the content of the advertisement was approved by the candidate and to identify the person who paid for the advertisement. A fine of $250 shall be imposed for each violation.

(l) Section 106.143(5)(a), F.S., failure of a candidate to provide the news media with a written statement authorizing the content of each political advertisement submitted to the media for distribution. A fine of $250 shall be imposed for each violation.

(m) Section 106.143(5)(b), F.S., failure of a person making an independent expenditure for a political advertisement submitted to the news media for distribution to provide the media with a written statement that no candidate approved the advertisement. A fine of $200 shall be imposed for each violation.

(n) Section 106.143(5)(b), F.S., failure of a person making an independent expenditure for a political advertisement submitted to the news media for distribution to state on the advertisement that no candidate approved the advertisement. A fine of $200 shall be imposed for each violation.

(o) Section 106.143(6), F.S., failure of a candidate who is not the incumbent from including the word “for” in his or her political advertisement between his or her name and the office for which he or she is running. A fine of $100 shall be imposed for each violation.

(p) Section 106.1435(3), F.S., prohibiting a person from placing or locating a political advertisement on or above any state or county road right-of-way. A fine of $100 shall be imposed for a violation.

(q) Section 106.1437, F.S., failure of a person sponsoring an advertisement, other than a political advertisement, independent expenditure or electioneering communication, intended to influence public policy or the vote of a public official to include a clearly readable statement of sponsorship. A fine of $200 shall be imposed for each violation.

(r) Section 106.1439(1), F.S., failure of a person making an expenditure for an electioneering communication, other than a text message or a telephone call, to mark prominently the electioneering communication with the required disclaimer. A fine of $250 shall be imposed for each violation.

(s) Section 106.147(1)(a), F.S., failure of a person or organization making an expenditure for any text message or telephone call, supporting or opposing a candidate, an elected official, or a ballot measure, or making an expenditure for any electioneering text message or telephone call, to mark the text message with, or include in the telephone call, the required disclaimer. A fine of $200 shall be imposed for each violation.

(t) Section 106.147(1)(b), F.S., failure of a candidate making an expenditure for a text message or telephone call to mark the text message with, or include in the telephone call, the required disclaimer. A fine of $250 shall be imposed for each violation.

(u) Section 106.147(3), F.S., failure of a person making an expenditure for any text message or telephone call, not conducted by independent expenditure, which expressly advocates for or against a candidate or ballot measure to obtain prior written authorization by the candidate or sponsor of the ballot measure that the text message or telephone call supports. A fine of $250 shall be imposed for each violation.

(v) Section 106.147(3), F.S., failure of a candidate or sponsor of a ballot measure supported by a text message or telephone call under this subsection to file a copy of the written authorization with the qualifying officer before the text messages or telephone calls commence. A fine of $250 shall be imposed for each violation.

(w) Section 106.19(1)(a), F.S., prohibiting a person from accepting a contribution in excess of the limits prescribed by Section 106.08, F.S., if the excessive contribution is returned to the donor within 14 days of receipt. A fine of $200 shall be imposed for each violation.

(3) Upon the executive director’s determination that an alleged violation is a minor violation as defined by this rule, the executive director shall offer the respondent an opportunity to enter into a consent order to pay the fine or fines designated above. The consent order shall provide that the respondent neither admits nor denies the allegations.

(4) The Commission shall approve the consent order unless it determines that the requirements of this rule have not been met.

History

Rulemaking Authority 106.26(12) FS. Law Implemented 106.26(12) FS. History–New 1-11-99, Amended 2-14-00, 1-2-02, 4-24-05, 8-13-14, 8-22-17, 3-9-22.

Fla. Admin. Code R. 2B-1.004 Hearings Before the Commission

(1) The Uniform Rules of Procedure, Title 28, F.A.C., shall be the procedural rules of the Florida Elections Commission, except as otherwise specifically provided by statute or this rule.

(2) When necessary to secure the just, speedy, and inexpensive determination of a case, the Chairman may appoint one or more Commissioners to conduct a hearing involving disputed issues of material fact, a hearing not involving disputed issues of material fact, or a hearing involving a dispositive motion.

(a) The Commission clerk shall notify the parties of the designation of a Commissioner or Commissioners to preside over the hearing and shall notice the hearing.

(b) The designated Commissioner or Commissioners shall hear the evidence and argument presented by the parties during the hearing.

(c) The designated Commissioner or Commissioners shall file a report with the Commission clerk within 30 days of receiving any post hearing submissions from the parties. The report shall contain a recommended order that includes findings of fact, conclusions of law, a recommended disposition or penalty, if applicable, and any exceptions and responses filed by the parties. The report shall be served upon the parties.

(d) The Commission shall review the report, deliberate and reach a decision in the case at its next regularly scheduled meeting. The designated Commissioner or Commissioners hearing the case shall not participate in the deliberation or vote of the Commission.

(e) The Commission’s counsel shall prepare a final order reflecting the Commission’s decision. The final order shall be signed by the chair or vice chair on behalf of the Commission and the Commission clerk shall enter the order.

(3) A clerical mistake in a final order arising from oversight or omission may be corrected by the Commission at any time on its own initiative or on the motion of any party.

History

Rulemaking Authority 106.24(5), 106.26 FS. Law Implemented 106.24(5), 106.26 FS. History–New 1-11-99, Amended 1-2-02, 4-24-05, 8-13-14.

Fla. Admin. Code R. 2B-1.0041 Expedited Hearings

The procedure for the investigation and hearing, if necessary, of a sworn complaint alleging a violation of Section 104.271(2), 104.2715, or 106.145, F.S., will be as described in Rule 2B-1.004, F.A.C., and Sections 106.24, 106.25, 106.26, F.S., except that the following time restrictions shall be adhered:

(1) The executive director shall make a determination as to legal sufficiency of the complaint, and the legal sufficiency or legal insufficiency letter shall be sent by certified mail no later than 5 days after the expiration of the time allotted for the respondent to provide a written response to the complaint.

(a) If the complaint also alleges a violation of any section of law other than Section 104.271(2), 104.2715, or 106.145, F.S., the executive director shall cause the complaint to be separated into two complaints, one of which shall contain all allegations made under Sections 104.271(2), 104.2715, and 106.145, F.S., and one of which shall contain all other allegations made by the complaint.

(b) A new case number shall be assigned to the complaint containing all allegations other than those made under Sections 104.271(2), 104.2715, and 106.145, F.S., and the procedures and time restrictions of subsections (2) through (4) of this rule, shall not apply to the investigation and hearing, if necessary, of such complaint.

(2) The Commission shall complete its report of investigation no later than 30 days after the respondent’s receipt of the legal sufficiency letter.

(3) A copy of the Commission counsel’s probable cause recommendation shall be furnished to the respondent no later than 5 days after the expiration of the time allotted for respondent to provide a written response to the investigator’s report.

(4) Upon a finding of probable cause, the case shall proceed to hearing in accordance with Section 106.25(5), F.S., except that:

(a) In cases to be heard by the Division of Administrative Hearings, the executive director shall, no later than 5 days after receipt of an election from the respondent to have a formal administrative hearing conducted by an administrative law judge in the Division of Administrative Hearings, refer the case to the Division of Administrative Hearings.

(b) In cases involving disputed issues of material fact to be heard by the Commission, the Chairman shall, within 5 days of determining that a disputed issue of material fact exists, direct that a Commissioner or Commissioners hear the case, in accordance with Rule 2B-1.004, F.A.C. Determination as to the existence of a disputed issue of material fact shall be made by the Chairman within 5 days of receipt of such claim by respondent. The Chairman shall direct that the hearing be an expedited proceeding, and shall issue an expedited discovery schedule.

(c) Informal hearings, involving no disputed issues of material fact, shall be conducted before the Commission at the next scheduled commission meeting, unless the Chairman elects to proceed in accordance with Rule 2B-1.004, F.A.C.

(5) The above set timeframes may be waived upon a showing of good cause.

History

Rulemaking Authority 104.271(2), 104.2715(3), 106.145(4)(b) FS. Law Implemented 104.271, 104.2715, 106.145 FS. History‒New 1-8-14, Amended 8-22-17, 11-12-24.

Fla. Admin. Code R. 2B-1.0045 Award of Attorney’s Fees

(1) To claim costs and attorney’s fees, the respondent shall file a petition with the Commission clerk no later than 30 days following disposition of the complaint. The petition shall state with particularity the facts and grounds that demonstrate that the respondent is entitled to an award of costs and attorney’s fees from the complainant. The Commission clerk shall forward a copy of the petition to the complainant at the most recent address on file with the Commission.

(2) At its next regularly scheduled meeting, the Commission shall determine whether the petition states a prima facie case for costs and attorney’s fees. If the Commission finds that the petition does not state a prima facie case for costs and attorney’s fees, the Commission shall dismiss the petition. If the Commission finds that the petition states a prima facie case for costs and attorney’s fees, the Commission shall enter an order setting the petition for a hearing involving disputed issues of material fact be held before the Commission or before one or more Commissioners appointed by the Chairman, or before the Division of Administrative Hearings for the entry of a recommended order determining whether respondent is entitled to an award of attorney’s fees and costs and, if so, what amount is due. The Commission shall enter a final order after reviewing the recommended order and the parties’ exceptions, if any.

History

Rulemaking Authority 106.24, 106.26 FS. Law Implemented 106.265 FS. History–New 4-24-05, Amended 8-13-14, 3-4-15, Technical Change 3-23-26.

Fla. Admin. Code R. 2B-1.005 Appeal of Fines Imposed by Filing Officers

(1) To appeal a fine imposed pursuant to Section 106.04(8) or 106.07(8), F.S., the party against whom the fine is levied shall shall file a notice of appeal with the Commission, and a copy filed with the filing officer, within 20 days of the appealing party’s receipt of notice that a fine is being imposed. The notice of appeal shall contain:

(a) The name, address and telephone number of the appealing party;

(b) A copy of the notice of imposition of fine issued by the filing officer; and,

(c) A request for hearing if a personal appearance before the Commission is desired. If no hearing request is made, the appeal shall be decided solely on the documents submitted by the appealing party and Commission staff.

(2) Upon receipt of a timely notice of appeal, the Commission staff shall notify the appealing party that the appeal has been accepted. The appealing party shall have 20 days from acceptance of the appeal to submit any documents supporting the appeal. Any subsequent supplemental documents shall be filed no later than five business days before the hearing.

(3) The Commission shall uphold the fine imposed by the filing officer unless the appealing party demonstrates that the report was timely filed or that there were unusual or other circumstances beyond the control of the candidate or committee that caused the report to be filed late.

History

Rulemaking Authority 106.26(1) FS. Law Implemented 106.04(8), 106.07(8) FS. History–New 9-14-86, Amended 10-19-86, Formerly 1D-1.005, Amended 1-11-99, 4-24-05, 6-2-13.

Fla. Admin. Code R. 2B-1.0052 Fine Imposed; Timely Filed Reports

History

Rulemaking Authority 106.26(1) FS., Chapter 97-13, Section 52, Laws of Florida. Law Implemented 106.04(8), 106.07(8) FS. History–New 1-11-99, Amended 1-2-02, 4-24-05, Repealed 6-2-13.

Fla. Admin. Code R. 2B-1.0055 Late-filed Reports; Unusual Circumstances

(1) Unusual circumstances mean uncommon, rare or sudden events over which the actor has no control and which directly result in the failure to act according to the filing requirements. Unusual circumstances must occur within a time period that would clearly prevent the person legally responsible for filing the report from doing so in a timely manner. Unusual circumstances shall include, but are not limited to, the following circumstances:

(a) Natural disaster or other emergency that prevented timely filing. Evidence submitted shall include copies of newspaper reports or other documents from an independent and reliable source that document the nature, date, and location of the natural disaster or emergency.

(b) Death of the candidate or campaign treasurer or an immediate family member of the candidate or campaign treasurer. Evidence submitted shall include a copy of the death certificate, newspaper obituary, or funeral program or notice.

(c) Serious illness, disability or non-elective surgery of the candidate or campaign treasurer. Evidence submitted shall include a physician’s certification on professional letterhead stationery that includes the dates of the illness, disability, or surgery; a statement regarding the period of time that the patient was incapacitated; and a statement that surgery, if any, was not elective. The period of incapacitation may also be shown by copies of hospital records reflecting the dates of hospitalization.

(d) Serious illness, disability or non-elective surgery of the candidate’s or campaign treasurer’s immediate family member. Evidence submitted shall include evidence of the candidate or treasurer’s relationship to the family member, the location of the family member, and the reason the candidate or campaign treasurer’s presence was required. Evidence submitted shall also include a physician’s certification on professional letterhead stationery that includes the dates of the illness, disability or surgery; a statement regarding the period of time that the patient was incapacitated; a statement that surgery, if any, was not elective; and a statement that the patient required the care of a family member.

(e) Computer or equipment failure caused by events that could not have been anticipated and that made timely filing of the report impossible.

(f) The abrupt and unexpected loss of the campaign treasurer, over which the appealing party had no control. The loss of the campaign treasurer shall not constitute unusual circumstances if the appealing party failed to monitor the campaign treasurer’s performance before his or her departure or if the appealing party failed to assure prompt preparation of the report after the treasurer’s departure.

(g) Failure of the filing officer to e-mail, telephone, or mail a letter to the candidate, chairman of a political committee, or treasurer of a committee of continuous existence that a report is late no later than seven days after the report was due shall constitute unusual circumstances if the appealing party establishes that lack of notice clearly interfered with the timely filing of the report. The fine imposed by the filing officer shall be reduced to the amount that would have been imposed had the report been filed 13 days late.

(2) Unusual circumstances shall not include:

(a) Failure of the United States Postal Service or other mail delivery service to postmark an envelope, legibly postmark an envelope, or timely deliver mail.

(b) Failure of the sender to affix sufficient postage to a report that is being mailed.

History

Rulemaking Authority 106.26 FS. Law Implemented 106.07 FS. History–New 1-11-99, Amended 4-24-05, 6-2-13, Technical Change 3-23-26.

Fla. Admin. Code R. 2B-1.006 Appeal of Adverse Decision for Contributions from Election Campaign Financing Trust Fund

History

Rulemaking Authority 106.35, 120.53 FS. Law Implemented 106.30-.36 FS. History–New 11-11-88, Formerly 1D-1.006, Repealed 1-1-14.

Fla. Admin. Code R. 2B-1.007 Appeal of Fine by Members of County Canvassing Board

History

Rulemaking Authority 102.112(3) FS. Law Implemented 102.112 FS. History–New 2-28-90, Formerly 1D-1.007, Amended 1-11-99, Repealed 6-2-13.

Fla. Admin. Code R. 2B-1.008 Public Comment

The Florida Elections Commission invites and encourages all members of the public to provide comment on matters or propositions before the Commission or a committee of the Commission. The opportunity to provide comment shall be subject to the following:

(1) Members of the public will be given an opportunity to provide comment on subject matters before the Commission after an agenda item is introduced at a properly noticed Commission meeting.

(2) Members of the public shall be limited to five (5) minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Commission members, staff or Commission counsel. The chair of the Commission may extend the time to provide comment if time permits.

(3) Members of the public shall notify Commission staff in writing of their interest to be heard on a proposition or matter before the Commission. The notification shall identify the person or entity, indicate support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons consisting of three (3) or more persons.

(4) Members of the public will not be permitted to provide comment on matters excluded from public comment by Section 286.0114(4), F.S., including the Commission’s deliberations on probable cause matters, and any other quasi-judicial proceeding in front of the Commission.

History

Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History‒New 8-13-14.

Fla. Admin. Code R. 2B-1.009 Forms

(1) The following forms and instructions are used by the Commission in its dealings with the public:

(a) FEC Form 1, entitled “Complaint,” (5/17), which is hereby incorporated by reference and can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-08573. To be utilized by persons wishing to file a complaint alleging a violation of Chapter 104 or 106, F.S.

(b) FEC Form 2, entitled “Additional Complaint Information,” (5/17), which is hereby incorporated by reference and can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-08574. To be utilized by persons wishing to correct the stated grounds of legal insufficiency of a complaint.

(2) The above forms are also available without cost, upon request to the Florida Elections Commission, 107 West Gaines Street, Suite 224, Tallahassee FL 32399 and may also be downloaded from the Commission’s website at www.fec.state.fl.us.

History

Rulemaking Authority 106.26 FS. Law Implemented 106.25 FS. History–New 8-22-17.

Chapter 2B-2 INDEXING, MANAGEMENT AND AVAILABILITY OF FINAL ORDERS

Fla. Admin. Code R. 2B-2.001 Authority

History

Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)-(4) FS. History–New 8-19-92, Formerly 1D-2.001, Repealed 1-1-14.

Fla. Admin. Code R. 2B-2.002 Purpose

History

Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)-(4) FS. History–New 8-19-92, Formerly 1D-2.002, Repealed 1-1-14.

Fla. Admin. Code R. 2B-2.003 Public Inspection and Duplication

History

Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)(a)1.-5. FS. History–New 8-19-92, Formerly 1D-2.003, Repealed 1-1-14.

Fla. Admin. Code R. 2B-2.004 Final Orders Indexed

History

Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)(a)3., (d) FS. History–New 8-19-92, Formerly 1D-2.004, Repealed 1-1-14.

Fla. Admin. Code R. 2B-2.005 Numbering of Final Orders

History

Rulemaking Authority 120.533(1)(f) FS. Law Implemented 120.53(2)-(4) FS. History–New 8-19-92, Formerly 1D-2.005, Repealed 11-2-15.

Fla. Admin. Code R. 2B-2.006 System for Indexing Final Orders

History

Rulemaking Authority 120.533(1)(f) FS. Law Implemented 120.53(2)-(4) FS. History–New 8-19-92, Formerly 1D-2.006, Repealed 11-2-15.

Fla. Admin. Code R. 2B-2.007 Maintenance of Records

History

Rulemaking Authority 120.533(1)(j) FS. Law Implemented 119.041(3) FS. History–New 8-19-92, Formerly 1D-2.007, Repealed 11-2-15.

Fla. Admin. Code R. 2B-2.008 Plan

History

Rulemaking Authority 120.533(1)(j) FS. Law Implemented Ch. 91-30, § 10, Laws of Florida History–New 8-19-92, Formerly 1D-2.008, Repealed 11-2-15.