Current through Reg. 50, No. 187; September 24, 2024
(1) In order to help public identification of
farm labor contractors who demonstrate firm commitment to responsible and safe
labor practices, a Florida licensed farm labor contractor may request the
Division to be recognized as a designated best practices farm labor contractor,
upon a finding by the Department the farm labor contractor licensee meets the
qualifications set forth below.
(2)
To be eligible as a recipient for designation as a best practices farm labor
contractor, a valid Florida licensed farm labor contractor must submit a
request for such designation to the Department and maintain valid licensure in
this state for three years prior to the request for designation.
(3) A request for designation as a best
practices farm labor contractor shall be subject to denial or revocation if the
Florida licensed farm labor contractor:
(a)
Has been disciplined for or is currently under investigation by the Department
for any major violations as delineated in Rule
61L-1.012, F.A.C., within the
past three years;
(b) Has been
disciplined for or is currently under investigation by the Department for three
or more minor violations as delineated in Rule
61L-1.012, F.A.C., within the
past three years;
(c) Has had a
registration, certification, or license revoked or suspended by this state or
any other jurisdiction for any offense related to regulated agricultural
activities within the past five years;
(d) Has been found guilty, with or without
adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry
of a plea of guilty or nolo contendere in this state, in any other state, or
under the laws of the United States of a capital felony, a felony, or an
offense in any other jurisdiction which would be a felony under the laws of
this state, within the past ten years;
(e) Has been found guilty, with or without
adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry
of a plea of guilty or nolo contendere in this state, in any other state, or
under the laws of the United States of a crime, if such crime is related to
gambling, controlled substances, alcohol, labor relations, child labor, or
agricultural activities within the past five years;
(f) Has been found guilty, with or without
adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry
of a plea of guilty or nolo contendere in this state, in any other state, or
under the laws of the United States of two or more misdemeanors within the past
five years, or
(g) Has failed to
comply with any requirements set forth in this rule.
(4) As a condition of designation and to
maintain the designation as a best practices farm labor contractor, the
requesting recipient of a designation as a best practices farm labor contractor
shall:
(a) Continue to be in compliance with
Chapter 450, Part III, F.S., and the rules promulgated thereunder where
applicable;
(b) Continue to be in
compliance with requirements set forth in this rule;
(c) Request a renewal of the designation with
the Department no later than 90 days prior to the two-year anniversary date
subsequent to receiving the designation, otherwise failure to timely make such
request shall subject the recipient to the termination of the recipient's
designation. Compliance with this paragraph requires that the recipient:
1. Contact the Department to request a
renewal of the recipient's designation as a best practices farm labor
contractor 90 days before the recipient's two-year anniversary of receiving the
designation; and,
2. Permit a
routine compliance investigation to be conducted by the Department prior to the
expiration of the recipient's two-year anniversary date of receiving the
designation, unless such investigation has been completed by a Department
official prior to that date.
(d) Notify the Department within 60 days of
any event the recipient fails to be in compliance with the provisions of this
rule. Failure to timely report such an event shall subject the recipient's
designation to revocation by the Department.
(5) Recipients of a designation as a best
practices farm labor contractor will be listed and maintained on the
Department's website.
Rulemaking Authority
450.321,
450.36 FS. Law Implemented
450.28,
450.321,
450.38
FS.
New 8-22-17.
