The purpose and effect is to amend Rule 61-40.003, F.A.C., to revise and clarify remittance of the collected and assessed surcharge fees pursuant to Sections 468.631 and 553.721, F.S., shall be submitted electronically through the Building Code ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.:RULE TITLE:

61-40.003Building Permit Surcharge Collection and Remittance

PURPOSE AND EFFECT: The purpose and effect is to amend Rule 61-40.003, F.A.C., to revise and clarify remittance of the collected and assessed surcharge fees pursuant to Sections 468.631 and 553.721, F.S., shall be submitted electronically through the Building Code Information System Website.

SUMMARY: Within the provided paragraph the Department proposes to amend Rule 61-40.003 to adopt the revised language.

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: the economic review conducted by the Agency

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: 455.203(5), 553.721 FS.

LAW IMPLEMENTED: 468.631, 553.721, 559.79 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: Aimee Odom, Rules Coordinator, Division of Professions, 2601 Blair Stone Road, Tallahassee, Florida 32399-0760, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-40.003 Building Permit Surcharge Collection and Remittance.

(1) Remittance of the Operating Trust Fund Surcharge Fees. All municipalities and counties that collect fees for the operating trust fund pursuant to Sections 553.721 and 468.631, F.S., shall remit and report those funds, less 10% to be retained by the collecting agency, to the Department of Business and Professional Regulation no later than 30 days after the calendar quarter. Reports shall be submitted using the Building Code Information System website located, as specifically related to surcharge collection, at www.floridabuilding.org/sc/sc_default.aspx.

(2) Remittance of Surcharge Fees.  Remittance of the assessed surcharge fees pursuant to Sections 553.721 and 468.631, F.S., shall be submitted electronically using the Building Code Information System website located, as specifically related to surcharge collection, at www.floridabuilding.org/sc/sc_default.aspx.

Rulemaking Authority 455.203(5), 553.721 FS. Law Implemented 468.631, 553.721, 559.79 FS. History–New 11-19-95, Amended 8-19-09, 1-12-11, Formerly 9B-62.003, Amended 10-10-17,           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Aimee Odom, Rules Coordinator, Division of Professions, 2601 Blair Stone Road, Tallahassee, Florida 32399-0760, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Halsey Beshears, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 9, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 3, 2019 (v. 45, n. 233)