The proposed rulemaking amends a form incorporated by reference and establishes a procedure for certain veterans, the spouses of such veterans, or business entities that have a majority ownership held by such veterans or spouses to obtain a waiver ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-12.002Registration

PURPOSE AND EFFECT: The proposed rulemaking amends a form incorporated by reference and establishes a procedure for certain veterans, the spouses of such veterans, or business entities that have a majority ownership held by such veterans or spouses to obtain a waiver of their initial registration fee.

SUMMARY: The proposed rule updates FDACS-10900, Motor Vehicle Repair Registration Application and provides guidance to applicants seeking a military veteran’s waiver of an initial registration fee. These amendments will ensure statutory compliance with ch. 2016-166, Laws of Florida and the Florida Motor Vehicle Repair Act.

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 proposed revisions update a department form and provide guidance on how military veterans may obtain a fee waiver. There are no increased regulatory costs associated with these revisions. Additionally, no interested party submitted additional information regarding the economic impact.

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: 559.92201, 570.07(23) FS.

LAW IMPLEMENTED: 559.904, 559.916 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: Amy Topol, Director, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, email at [e-mail] or by phone at [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-12.002 Registration.

(1) Any person who intends to operate a motor vehicle repair shop shall, prior to offering motor vehicle repair services, apply for and obtain a registration certificate from the department using FDACS-10900, Motor Vehicle Repair Registration Application Package, Rev. 10/16 11/14, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Motor Vehicle Repair, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-       05122.

(2) No change.

(3)  An honorably discharged veteran, the spouse of such a veteran, or a business entity that has a majority ownership held by such a veteran or spouse requesting a waiver of the initial registration fee pursuant to Section 559.904(3)(b), F.S., shall complete FDACS-10991, Military Veteran Fee Waiver Request, 10/16, incorporated by reference in Rule 5J-26.001, F.A.C.  An applicant requesting a fee waiver shall submit a completed Military Veteran Fee Waiver Request and all required supporting documentation at the time the applicant submits the Motor Vehicle Repair Registration Application referenced in subsection (1).  

(4)(3) No change.

(5)(4) No change.

Rulemaking Authority 559.92201, 570.07(23) FS. Law Implemented 559.904, 559.916 FS. History–New 1-18-95, Amended 5-24-95, 2-11-98, 1-20-03, 11-4-03, 6-27-05, 11-22-05, 3-8-12, 4-16-15,              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amy Topol, Director, Division of Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2016