Florida Regulations 61L-1.010: Best Practices Incentive Program for Farm Labor Contractors
Current as of: 2024 | Check for updates
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(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 Fl. Admin. Code R. 61L-1.012, 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 Fl. Admin. Code R. 61L-1.012, 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 Florida Statutes Chapter 450, Part III, 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. History-New 8-22-17.
Terms Used In Florida Regulations 61L-1.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
(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 Fl. Admin. Code R. 61L-1.012, 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 Fl. Admin. Code R. 61L-1.012, 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 Florida Statutes Chapter 450, Part III, 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. History-New 8-22-17.