The purpose and effect of the proposed rule is to modify the fee schedule for asbestos consultants, asbestos contractors, and asbestos business organizations and to add requirements for licensure reinstatement when a license has become null and void ...

Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Miscellaneous Businesses and Professions – Asbestos Consultants/Asbestos Consultant Examination

RULE NO.:RULE TITLE:

61E1-3.001Fees; License Renewal; Active, Inactive and Delinquent Licenses; Change of Status

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to modify the fee schedule for asbestos consultants, asbestos contractors, and asbestos business organizations and to add requirements for licensure reinstatement when a license has become null and void due to illness or hardship.

SUMMARY: This amendment modifies the fee schedule for asbestos consultants, asbestos contractors, and asbestos business organizations and adds requirements for licensure reinstatement when a license has become null and void due to illness or hardship.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule 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 the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 455.203, 455.271, 469.006, 469.008, 469.011 FS.

LAW IMPLEMENTED: 455.203, 455.2179, 455.2281, 455.271, 469.006, 469.008 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: Richard Morrison, Executive Director, Asbestos Licensing Unit, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61E1-3.001 Fees; License Renewal; Active, Inactive and Delinquent Licenses; Change of Status.

(1) The following fee schedule is adopted by the department regarding the applications, initial licensure, examinations, delinquent licenses, reactivation, change of status, active and inactive licenses, renewals, late renewals, unlicensed activities, transfers, and changing a qualifying agent or financially responsible officer, for asbestos consultants and asbestos contractors, and for business organizations or qualified agents proposing to engage in consulting or contracting under a name other than the applicant's legal name, training provider and course renewal pursuant to Sections 455.2281, 455.271, 469.006, 469.008, F.S.:

(a) Application fee	$300.00
(b) Initial License fee	$250.00 $500.00
(c) Delinquent	$150.00 $250.00
(d) Reactivation fee	$100.00
(e) Biennial License Renewal fee for Asbestos Consultants, and Asbestos Contractors	$150.00 $300.00
(f) Biennial License Renewal fee for Asbestos Business	$250.00 $500.00
(g) Biennial Inactive License Renewal fee for Asbestos Consultants, Asbestos Contractors	$100.00 $200.00
(h) Examination fee	$400.00
(i) Reexamination fee	$400.00
(j) Change of Status fee	$100.00
(k) Unlicensed Activity fee	$5.00
(l) To add or change a Financial Officer	$100.00
(m) To add or change a Qualifying Agent	$100.00
(n) Transfer fee	$200.00
(o) Provider renewal fee	$100.00
(p) Training course initial or refresher renewal fee (q) Reinstatement due to illness / hardship	$100.00 $250.00

(2) through (3) No change.

(4) Any license which is not renewed prior to the end of each biennium renewal period, shall automatically revert to a delinquent status.

(a) through (c) No change.

(d) The failure of a delinquent status licensee to change the status of the license to active or inactive before the expiration of the current licensure period, shall render the license null without any further action by the department. Thereafter, any subsequent licensure shall be as a result of applying for and meeting all requirements imposed on an applicant for new licensure.

(e) through (g) No change.

(5) A licensee may make a written request during the renewal period to place his or her license in an inactive status and remit the biennial inactive license renewal fee. The department shall then change the status of the license to inactive status.

(a) An inactive license may be maintained during each subsequent biennium period by the department in an inactive status upon the payment of a biennial inactive license renewal fee. However, the department shall require a licensee, who has been on an inactive status to meet the requirements of Sections 469.004(3) and 469.005(6), F.S.

(b) through (d) No change.

(6) No change.

(7) To reinstate a license from null & void status due to illness or hardship, the department shall require the applicant to pay an application fee, a reinstatement fee, and an unlicensed activity fee and to comply with the continuing education requirements of Section 455.271(10), F.S.

Rulemaking Specific Authority 455.203, 455.271 469.004, 469.006 469.008, 469.011, 469.2035 FS. Law Implemented 455.203, 455.2179, 455.2281, 455.271, 469.006, 469.008 FS. History–New 9-22-94, Amended 10-17-95, 10-29-97, 4-27-00, 3-14-04, 3-23-04,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Morrison, Executive Director, Mold-Related Services Licensing Unit, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 7, 2014

DATE THE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 9, 2014