For Rule 61G3-25.004, the Board proposes the rule amendment to clarify requirements regarding inactive status and reactivation. For Rule 61G3-25.005, to clarify language regarding the failure of any licensee to elect active or inactive status of his/...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Barbers’ Board

RULE NOS.:RULE TITLES:

61G3-25.004Inactive Status; Reactivation

61G3-25.005Delinquent Status

61G3-25.006Notice to the Department of Mailing Address and Place of Practice of Licensee

PURPOSE AND EFFECT: For Rule 61G3-25.004, F.A.C., the Board proposes the rule amendment to clarify requirements regarding inactive status and reactivation. For Rule 61G3-25.005, F.A.C., to clarify language regarding the failure of any licensee to elect active or inactive status of his/her license. For Rule 61G3-25.006, F.A.C., to require the licensee to provide the Department an e-mailing address and notify the Department of a change of place of practice within 90 days.

SUMMARY: Requirements regarding changing an inactive license to an active one have been eliminated, regarding the failure of any licensee to elect active or inactive status of his/her license have changed regarding email address and place of business have changed.

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 the proposed rules 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 rules 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: 455.271, 455.275, 476.064(4), 476.155(2) FS.

LAW IMPLEMENTED: 455.271, 455.275 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: Robyn Barineau, Executive Director, Barbers’ Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G3-25.004 Inactive Status; Reactivation.

(1) No change.

(2) An inactive status licensee may change to active status at any time provided the licensee pays the reactivation fee, and if the request to change licensure status is made at any time other than at the beginning of a licensure cycle, pays the additional processing fee. However, a licensee whose license has been in inactive status for more than two consecutive biennial licensure cycles shall be required to submit a statement providing that the licensee has read within the last thirty (30) days and is familiar with the laws and rules for the practice of barbering in the State of Florida before the licensee can be placed into active status.

(3) Any inactive licensee who elects active status is not eligible to elect to return to inactive status until the next licensure renewal period.

(3)(4) No change.

Rulemaking Specific Authority 476.064(4), 476.155(2), 455.271 FS. Law Implemented 455.271 FS. History–New 5-17-95, Amended_________.

 

61G3-25.005 Delinquent Status.

(1) The failure of any licensee to elect active or inactive status before the license expires shall cause the license to become delinquent.

(1)(2) No change.

(2)(3) The delinquent status licensee who applies for active or inactive status shall:

(a) through (b) No change.

Rulemaking Specific Authority 476.064(4), 455.271 FS. Law Implemented 455.271 FS. History–New 5-17-95, Amended_________.

 

61G3-25.006 Notice to the Department of Mailing and E-Mailing Address and Place of Practice of Licensee.

(1) It shall be the duty of each licensee to provide written notification to the Department of the licensee’s current mailing and e-mailing addresses and place of practice. For purposes of this rule, “place of practice” means the address of the physical location where the licensee practices barbering. “Current mailing address” shall mean the address at which the United States Postal Service delivers mail to the licensee.

(2) Any time that the current mailing or e-mailing address or place of practice of any licensee changes, written notification of the change shall be provided to the Department within ninety (90) days of the change. Written notice should be sent to the following address: Florida Barbers’ Board, Department of Business and Professional Regulation, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-0769.

(3) It shall be a violation of this rule for a licensee to fail to notify the Department within ninety (90) days of a change of mailing or e-mailing address or place of practice. It shall not be a violation of this rule to fail to advise the department of a change of one’s place of practice within ninety (90) days.

Rulemaking Specific Authority 476.064(4), 455.275 FS. Law Implemented 455.275 FS. History–New 7-11-95, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Barbers’ Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbers’ Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 7, 2013