For Rule 61G3-21.001, F.A.C., the Board proposes the rule amendment to provide new disciplinary guidelines for violations of statues that previously lacked disciplinary guidelines. For Rule 61G3-21.012, F.A.C., the Board proposes the rule amendment ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Barbers’ Board

RULE NOS.:RULE TITLES:

61G3-21.001Normal Penalty Ranges

61G3-21.012Notice of Non-Compliance

PURPOSE AND EFFECT: For Rule 61G3-21.001, F.A.C., the Board proposes the rule amendment to provide new disciplinary guidelines for violations of statues that previously lacked disciplinary guidelines. For Rule 61G3-21.012, F.A.C., the Board proposes the rule amendment for a new minor violation.

SUMMARY: For Rule 61G3-21.001, F.A.C., new disciplinary guidelines for violations of statues that previously lacked disciplinary guidelines will be provided. For Rule 61G3-21.012, F.A.C., a new minor violation will be added.

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: 455.225(3)(a), 455.2273, 476.064(4) FS.

LAW IMPLEMENTED: 455.225(3), 455.2273 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, 2601 Blair Stone Road, Tallahassee, Florida 32399-0771.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G3-21.001 Normal Penalty Ranges.

The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to the other provisions of this chapter.

	Minimum Fine	Maximum Fine
(1) through (6) No change.
(7) Section 476.204(1)(g), F.S.: Using or attempting to use a  suspended or revoked license.	$250.00	$500.00
(8) through (10) No change.
(11) Violation of any provision of 455.227(1), Florida Statutes.	Letter of reprimand	Revocation or $500
(12)(11) through (13)(12) No change.
(14)  Rule 61G3-19.015, F.A.C., Inspections	Letter of reprimand	$500.00
(15)(13)  through (16)(14)  No change.

Rulemaking Authority 455.2273, 476.064(4) FS. Law Implemented 455.2273, 455.227(1), 476.194, 476.204, FS. History–New 11-25-86, Amended 7-4-90, 12-23-90, Formerly 21C-21.001, Amended 10-30-95, 3-29-04, 11-26-09,                               .

 

61G3-21.012 Notice of Non-Compliance.

(1) The department shall provide a licensee with a notice of non-compliance for an initial offense of the rules and statutes listed below.

(a) through (b) No change.

(c) Rule 61G3-19.015(1), F.A.C. – failure to post inspection report.

(d) through (h) No change.

(2) No change.

Rulemaking Authority 455.225(3)(a), 476.064(4) FS. Law Implemented 455.225(3) FS. History–New 12-22-94, Amended 2-14-96, 5-1-96, 11-6-97, 11-25-09, 2-7-17,                                      .

 

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 27, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 21, 2017