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.
SUMMARY: 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.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 559.802(4), 559.813(8), 570.07(23) FS.
LAW IMPLEMENTED: 559.802, 559.805 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
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, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, 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 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 FULL TEXT OF THE PROPOSED RULE 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. 8/10, 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_______.