The Board proposes the rule amendment to add new language originally found in 64B13-15.002, F.A.C., to clarify when a civil penalty shall be paid.

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NO.:RULE TITLE:

64B13-15.002Definitions

PURPOSE AND EFFECT: The Board proposes the rule amendment to add new language originally found in 64B13-15.002, F.A.C., to clarify when a civil penalty shall be paid.

SUMMARY: The rule amendment will add new language to clarify when a civil penalty shall be paid.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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.

RULEMAKING AUTHORITY: 456.072(6), 456.079 FS.

LAW IMPLEMENTED: 456.072(5), (6), 456.079 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Spivey, D.B.A., Executive Director, Board of Optometry/MQA, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B13-15.002 Definitions.

(1) through (6) No change.

(7) In cases where the Board imposes a civil penalty for violation of Chapter 456, Part II, or 463, F.S., or the rules promulgated thereunder, the penalty shall be paid within 30 days of it imposition by Order of the Board unless otherwise ordered by the Board.

Rulemaking Specific Authority 456.072(6), 456.079 FS. Law Implemented 456.072(5), (6), 456.079 FS. History–New 2-24-87, Amended 4-20-93, Formerly 21Q-15.002, 61F8-15.002, 59V-15.002, Amended 5-1-02,             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Optometry

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Optometry

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 4, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 3, 2016