5J-10.002: Franchises
5J-10.006: Registration
PURPOSE AND EFFECT: The purpose and effect of the amendments to Rule 5J-10.002, F.A.C., are to adopt by reference updated changes to DACS Form-10500, Franchise Exemption Application Packet, Rev. 08/10. The purpose and effect of Rule 5J-10.006, F.A.C., is to implement Section 559.805, F.S., through the use of DACS Form-10501, Business Opportunity Disclosure Filing Packet Rev. 08/10.
SUBJECT AREA TO BE ADDRESSED: Rule 5J-10.002, F.A.C., establishes the official updated filing form for any franchisor claiming an exemption from the registration requirements governing the sale or lease of a business opportunity in Florida. Rule 5J-10.006, F.A.C., establishes the official filing form for any person who wants to sell or lease a business opportunity in Florida.
SPECIFIC AUTHORITY: 559.802(4), 559.813(8), 570.07(23) FS.
LAW IMPLEMENTED: 559.802, 559.805 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Miriam S. Wilkinson, Assistant Director, phone (850)410-3692. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, phone (850)410-3692
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
5J-10.002 Franchises.
Every franchisor claiming an exemption pursuant to Section 559.802, F.S. Florida Statutes, shall file form DACS Form-10500, Franchise Exemption Application, Rev. 8/10, effective 11-15-94, revised 7-20-01, 5-3-02, and 3-4-03, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, 2005 Apalachee Parkway, Terry L. Rhodes Bldg. Building, Attention: Business Opportunities, Tallahassee, Florida 32399-6500., or online at the following link: http://www.doacs.state.fl.us/onestop/forms/10500.pdf. The franchisor shall submit a nonrefundable filing fee of $100 with form DACS Form 10500. The filing fee shall be non-refundable. The exemption may be renewed each year by filing form DACS Form 10500 and paying a renewal fee of $100.
Rulemaking Specific Authority 559.802(4), 559.813(8), 570.07(23) FS. Law Implemented 559.802 FS. History–New 11-15-94, Amended 6-4-95, 10-21-03,________.
5J-10.006 Registration.
Every seller/lessor of a business opportunity shall file with the Department DACS Form-10501, Business Opportunity Disclosure Filing Packet Rev. 08/10, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Business Opportunities, 2005 Apalachee Parkway, Terry L. Rhodes Bldg, Tallahassee, Florida 32399-6500, or online at the following link: http://www.doacs.state.fl.us/onestop/forms/10501.pdf.
Rulemaking Authority 559.802(4), 559.813(8) FS. Law Implemented 559.805 FS. History–New________.